Council Regulation (EU) No 43/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements

TITLE I

SCOPE AND DEFINITIONS

Article 1

Subject matter

The fishing opportunities referred to in paragraph 1 shall include:

(a) catch limits for the year 2012; and

(b) fishing effort limits for the period from 1 February 2012 to 31 January 2013.

Article 2

Scope

This Regulation shall apply to EU vessels.

Article 3

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 waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the overseas countries and territories listed in Annex II to the Treaty;

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

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

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

(f) ‘mesh size’ means the mesh size of fishing nets as determined in accordance with Regulation (EC) No 517/2008 (¹³);

(g) ‘EU fishing fleet register’ means the register set up by the Commission in accordance with Article 15(3) of Regulation (EC) No 2371/2002;

(h) ‘fishing logbook’ means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009.

Article 4

Fishing zones

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

(a) ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009 (¹⁴);

(b) ‘Skagerrak’ means the geographical area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;

(c) ‘Kattegat’ means the geographical area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;

(d) ‘VII (Porcupine Bank – Unit 16)’ means the geographical area bounded by rhumb lines sequentially joining the following positions: — 53° 30′ N 15° 00′ W, — 53° 30′ N 11° 00′ W, — 51° 30′ N 11° 00′ W, — 51° 30′ N 13° 00′ W, — 51° 00′ N 13° 00′ W, — 51° 00′ N 15° 00′ W, — 53° 30′ N 15° 00′ W;

(e) ‘Gulf of Cádiz’ means the geographical area of ICES division IXa east of longitude 7° 23′ 48″ W;

(f) CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 (¹⁵).

TITLE II

FISHING OPPORTUNITIES

Article 5

TACs and allocations

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

Article 6

Special provisions on certain TACs

The TACs to be determined by a Member State shall:

(a) be consistent with the principles and rules of the common fisheries policy, in particular the principle of sustainable exploitation of the stock; and

(b) result: (i) if analytical assessments are available, in the exploitation of the stock consistent with maximum sustainable yield from 2015 onwards, with as high a probability as possible; (ii) if analytical assessments are unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.

By 15 March 2012, each Member State concerned shall submit to the Commission the following information:

(a) the TACs adopted;

(b) the data collected and assessed by the Member State concerned on which the TACs adopted are based; and

(c) details on how the TACs adopted comply with paragraph 2.

Article 7

Additional allocation for vessels participating in trials on fully documented fisheries

The additional allocation referred to in paragraph 1 may be granted only in accordance with the following conditions:

(a) the vessel makes use of close circuit television cameras (CCTV) associated to a system of sensors to record all fishing and processing activities on board the vessels;

(b) the amount of the additional allocation granted to an individual vessel that participates in trials on fully documented fisheries shall be no more than 75 % of the discards estimated for the type of vessel to which it belongs, and in any case shall not represent more than a 30 % increase of the vessel's basic allocation; and

(c) all catches of the relevant stock subject to the additional allocation by that vessel shall be counted against its total allocation.

Notwithstanding point (b), a Member State may exceptionally grant to vessel flying its flag additional allocation that corresponds to more than 75 % of the estimated discards for the type of vessel to which the vessel concerned belongs, provided that:

(i) the estimated discards for the type of vessel are less than 10 %;

(ii) it can be demonstrated that the inclusion of that type of vessel is important to evaluate the potential of the CCTV system for control purposes; and

(iii) an overall limit of 75 % of the estimated discards is not exceeded for all vessels participating in the trials.

To the extent that the recordings obtained in accordance with point (a) involve the processing of personal data within the meaning of Directive 95/46/EC, that Directive shall apply to the processing of such data.

Prior to granting the additional allocation referred to in paragraph 1, a Member State shall submit to the Commission the following information:

(a) the list of vessels flying its flag participating in trials on fully documented fisheries;

(b) the specifications of the remote electronic monitoring equipment installed on board those vessels;

(c) the capacity, type and specification of gears used by those vessels;

(d) the estimated discards for each type of vessel participating in the trials; and

(e) the amount of catches of the stock subject to the relevant TAC made in 2011 by the vessels participating in the trials.

Article 8

Conditions for landing catches and by-catches

Fish from stocks for which TACs are established shall be retained on board or landed only if:

(a) the catches have been taken by vessels flying the flag of a Member State having a quota and that quota is not exhausted; or

(b) the catches consist of a share in a EU quota which has not been allocated by quota among Member States, and that EU quota has not been exhausted.

Article 9

Fishing effort limits

From 1 February 2012 to 31 January 2013, the fishing effort measures laid down in:

(a) Annex IIA, shall apply for the management of cod stocks in the Kattegat, ICES divisions VIIa and VIa, and EU waters of ICES division Vb;

(b) Annex IIB, shall apply for the recovery of hake and Norway lobster in ICES divisions VIIIc and IXa, with the exception of the Gulf of Cádiz;

(c) Annex IIC, shall apply for the management of the sole stock in ICES division VIIe.

Article 10

Special provisions on allocations of fishing opportunities

The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:

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

(b) reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008 (¹⁶);

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

(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

(e) deductions made pursuant to Articles 37, 105, 106 and 107 of Regulation (EC) No 1224/2009.

Article 11

Closed fishing season

For the purposes of this Article, the Porcupine Bank shall comprise the geographical area bounded by rhumb lines sequentially joining the following positions:

Point	Latitude	Longitude
1	52° 27′ N	12° 19′ W
2	52° 40′ N	12° 30′ W
3	52° 47′ N	12° 39,600′ W
4	52° 47′ N	12° 56′ W
5	52° 13,5′ N	13° 53,830′ W
6	51° 22′ N	14° 24′ W
7	51° 22′ N	14° 03′ W
8	52° 10′ N	13° 25′ W
9	52° 32′ N	13° 07,500′ W
10	52° 43′ N	12° 55′ W
11	52° 43′ N	12° 43′ W
12	52° 38,800′ N	12° 37′ W
13	52° 27′ N	12° 23′ W
14	52° 27′ N	12° 19′ W

Article 12

Prohibitions

It shall be prohibited for EU vessels to fish for, to retain on board, to tranship or to land the following species:

(a) basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in EU waters and non-EU waters;

(b) porbeagle (Lamna nasus) in all waters, except where it is provided otherwise in Annex I Part B;

(c) angel shark (Squatina squatina) in EU waters;

(d) common skate (Dipturus batis) in EU waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;

(e) undulate ray (Raja undulata) and white skate (Rostroraja alba) in EU waters of ICES subareas VI, VII, VIII, IX and X;

(f) guitarfishes (Rhinobatidae) in EU waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;

(g) giant manta ray (Manta birostris) in all waters.

Article 13

Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.

Article 13a

Amendments to Regulation (EC) No 754/2009

In Article 1 of Regulation (EC) No 754/2009, the following point is added:

‘(i) the group of vessels flying the flag of the United Kingdom identified in the request from the United Kingdom dated 16 March 2012, which participate in a fishery targeting Queen Scallops (Aequipecten opercularis) in the Irish Sea (ICES area VIIa) around the Isle of Man, using a specialised otter trawl gear with an 80-100 mm mesh trawl configured to select against fish catches (2ft low headline, short or no bridles and small trawl mouth);’.

TITLE III

FINAL PROVISIONS

Article 14

Committee procedure

Article 15

Entry into force and application

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 2012.

However, Article 9 shall apply from 1 February 2012.

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

LIST OF ANNEXES

ANNEX I

TACs APPLICABLE TO EU VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA

PART A

General provisions

The tables in Part B of this Annex set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto, where appropriate.

All fishing opportunities set out in this Annex shall be subject to the rules set out in Regulation (EC) No 1224/2009, and in particular Articles 33 and 34 thereof.

The references to fishing zones are references to ICES zones, unless otherwise specified. Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:

Scientific name	Alpha-3 code	Common name
Amblyraja radiata	RJR	Starry ray
Ammodytes spp.	SAN	Sandeels
Argentina silus	ARU	Greater silver smelt
Beryx spp.	ALF	Alfonsinos
Brosme brosme	USK	Tusk
Caproidae	BOR	Boarfish
Centrophorus squamosus	GUQ	Leafscale gulper shark
Centroscymnus coelolepis	CYO	Portuguese dogfish
Chaceon maritae	CGE	Deep sea red crab
Champsocephalus gunnari	ANI	Antarctic icefish
Chionoecetes spp.	PCR	Snow crab
Clupea harengus	HER	Herring
Coryphaenoides rupestris	RNG	Roundnose grenadier
Dalatias licha	SCK	Kitefin shark
Deania calcea	DCA	Birdbeak dogfish
Dipturus batis	RJB	Common skate
Dissostichus eleginoides	TOP	Patagonian toothfish
Dissostichus mawsoni	TOA	Antarctic toothfish
Engraulis encrasicolus	ANE	Anchovy
Etmopterus princeps	ETR	Great lanternshark
Etmopterus pusillus	ETP	Smooth lanternshark
Euphausia superba	KRI	Krill
Gadus morhua	COD	Cod
Galeorhinus galeus	GAG	Tope shark
Glyptocephalus cynoglossus	WIT	Witch flounder
Hippoglossoides platessoides	PLA	American plaice
Hippoglossus hippoglossus	HAL	Atlantic halibut
Hoplostethus atlanticus	ORY	Orange roughy
Illex illecebrosus	SQI	Shortfin squid
Lamna nasus	POR	Porbeagle
Lepidonotothen squamifrons	NOS	Grey rockcod
Lepidorhombus spp.	LEZ	Megrims
Leucoraja circularis	RJI	Sandy ray
Leucoraja fullonica	RJF	Shagreen ray
Leucoraja naevus	RJN	Cuckoo ray
Limanda ferruginea	YEL	Yellowtail flounder
Limanda limanda	DAB	Dab
Lophiidae	ANF	Anglerfish
Macrourus spp.	GRV	Grenadiers
Makaira nigricans	BUM	Blue marlin
Mallotus villosus	CAP	Capelin
Manta birostris	RMB	Giant manta ray
Martialia hyadesi	SQS	Squid
Melanogrammus aeglefinus	HAD	Haddock
Merlangius merlangus	WHG	Whiting
Merluccius merluccius	HKE	Hake
Micromesistius poutassou	WHB	Blue whiting
Microstomus kitt	LEM	Lemon sole
Molva dypterygia	BLI	Blue ling
Molva molva	LIN	Ling
Nephrops norvegicus	NEP	Norway lobster
Pandalus borealis	PRA	Northern prawn
Paralomis spp.	PAI	Crabs
Penaeus spp.	PEN	‘Penaeus’ shrimps
Platichthys flesus	FLE	Flounder
Pleuronectes platessa	PLE	Plaice
Pleuronectiformes	FLX	Flatfish
Pollachius pollachius	POL	Pollack
Pollachius virens	POK	Saithe
Psetta maxima	TUR	Turbot
Raja brachyura	RJH	Blonde ray
Raja clavata	RJC	Thornback ray
Raja (Dipturus) nidarosiensis	JAD	Norwegian skate
Raja microocellata	RJE	Small-eyed ray
Raja montagui	RJM	Spotted ray
Raja undulata	RJU	Undulate ray
Rajiformes	SRX	Skates and rays
Reinhardtius hippoglossoides	GHL	Greenland halibut
Rostroraja alba	RJA	White skate
Scomber scombrus	MAC	Mackerel
Scophthalmus rhombus	BLL	Brill
Sebastes spp.	RED	Redfish
Solea solea	SOL	Common sole
Solea spp.	SOO	Sole
Sprattus sprattus	SPR	Sprat
Squalus acanthias	DGS	Spurdog/dogfish
Tetrapturus albidus	WHM	White marlin
Thunnus maccoyii	SBF	Southern bluefin tuna
Thunnus obesus	BET	Bigeye tuna
Thunnus thynnus	BFT	Bluefin tuna
Trachurus spp.	JAX	Horse mackerel
Trisopterus esmarkii	NOP	Norway pout
Urophycis tenuis	HKW	White hake
Xiphias gladius	SWO	Swordfish