Council Regulation (EU) No 1225/2010 of 13 December 2010 fixing for 2011 and 2012 the fishing opportunities for EU vessels for fish stocks of certain deep-sea fish species

Article 1

Subject-matter

This Regulation fixes for the years 2011 and 2012 the annual fishing opportunities available to EU vessels for fish stocks of certain deep-sea species in EU waters and in certain non-EU waters where catch limits are required.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a) ‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(b) ‘EU waters’ means the waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the territories mentioned in Annex II to the Treaty;

(c) ‘total allowable catch’ (TAC) means the quantity that can be taken and landed from each stock each year;

(d) ‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;

(e) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State.

For the purposes of this Regulation, the following zone definitions shall apply:

(a) ICES zones are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (recast) (⁷);

(b) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast) (⁸).

Article 3

TACs and allocations

The TACs for deep-sea species caught by EU vessels in EU waters and certain non-EU waters, the allocation of such TACs among Member States and the conditions functionally linked thereto, where appropriate, are set out in the Annex.

Article 4

Special provisions on allocations

The allocation of fishing opportunities among Member States provided for in the Annex shall be without prejudice to:

(a) exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

(b) deductions and reallocations made pursuant to Article 37 of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (⁹) or pursuant to Article 10(4) of Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (¹⁰);

(c) additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96;

(d) quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96;

(e) deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.

Article 5

Relationship with Regulation (EC) No 847/96

For the purposes of Regulation (EC) No 847/96, all quotas in the Annex to this Regulation shall be considered analytical quotas.

Article 6

Conditions for landing catch and by-catch

Fish from stocks for which fishing opportunities are fixed by this Regulation shall be retained on board or landed only if they were taken by vessels of a Member State having a quota which is not exhausted.

Article 7

Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

The references to fishing zones are references to ICES zones, unless otherwise specified.

PART 1

Definition of species and species groups

1.In the list set out in Part 2 of this Annex, fish stocks are referred to following the alphabetical order of the Latin names of the species. However, deep-sea sharks are placed at the beginning of that list. A table of correspondences of common names and Latin names is given below for the purposes of this Regulation:

2.For the purposes of this Regulation, ‘deep-sea sharks’ means the following list of species:

PART 2

Annual fishing opportunities applicable for EU vessels in areas where TACs exist by species and by area (in tonnes live weight)