Council Regulation (EU) No 315/2014 of 24 March 2014 amending Regulation (EU) No 43/2014 as regards certain catch limits

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Catch limits for sandeel in Union waters of ICES zones IIa, IIIa and IV were set at zero in Annex IA to Council Regulation (EU) No 43/2014 (1), pending advice from the International Council for the Exploration of the Sea (ICES).

(2) ICES advice on the stock has been available since 21 February 2014, and it is now possible to set a TAC for sandeel in this area, distributed in seven management areas in order to avoid local depletion.

(3) Fishing opportunities for Union vessels in Norwegian and Faroese waters and for Norwegian and Faroese vessels in Union waters, and the conditions of access to fishery resources in each other’s waters, are established each year in the light of consultations on fishing rights held in accordance with the bilateral agreements on fisheries with Norway (2) and the Faroe Islands (3), respectively. Pending the conclusion of those consultations on the arrangements for 2014, Regulation (EU) No 43/2014 fixed provisional fishing opportunities for certain stocks of blue whiting. On 12 March 2014, the consultations with Norway and the Faroe Islands were concluded, including those related to blue whiting.

(4) Annex IA to Regulation (EU) No 43/2014 should therefore be amended accordingly.

(5) The catch limits provided for in Regulation (EU) No 43/2014 apply from 1 January 2014. The provisions of this Regulation concerning catch limits should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned were set to zero in the Regulation (EU) No 43/2014. Since the modification of this catch limit has an influence on the economic activities and the planning of the fishing season of Union vessels, this Regulation should enter into force immediately after its publication,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment to Regulation (EU) No 43/2014

Annex IA to Regulation (EU) No 43/2014 is amended in accordance with the text set out in Annex to this Regulation.

Article 2

Entry into force and application

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

It shall apply from 1 January 2014.

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

Done at Brussels, 24 March 2014.

For the Council The President A.. TSAFTARIS

(1) Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).

(2) Agreement on fisheries between the European Economic Community and the Kingdom of Norway (OJ L 226, 29.8.1980, p. 48).

(3) Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (OJ L 226, 29.8.1980, p. 12).