LegalizeCouncil Regulation (EU) No 432/2014 of 22 April 2014 amending Regulation (EU) No 43/2014 as regards certain fishing opportunities
COUNCIL REGULATION (EU) No 432/2014
of 22 April 2014
amending Regulation (EU) No 43/2014 as regards certain fishing opportunities
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,
(1) By Regulation (EU) No 43/2014 (1) the Council fixed, for 2014, fishing opportunities for certain fish stocks and groups of fish stocks in Union waters and, for Union vessels, in certain non-Union waters.
(2) 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 resources in each other's waters, are established each year following consultations on fishing rights held in accordance with the procedure provided for in the agreements or protocols on fisheries relations 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 the stocks concerned. The consultations with Norway and the Faroe Islands were concluded on 12 March 2014 and 13 March 2014 respectively. Furthermore, on 28 March 2014, consultations were concluded between the Coastal States regarding blue whiting and between the Union, Iceland, Norway and the Russian Federation regarding Atlanto-Scandian herring. This enabled Norway and the Union to discuss reciprocal arrangements on access to resources in each other's waters. Regulation (EU) No 43/2014 should therefore be amended accordingly.
(3) In accordance with the outcome of consultations between the Union and Norway, the Union may authorise fishing by Union vessels of up to 10 % beyond the quota available to the Union, provided that any quantities used beyond the quota available to the Union would be deducted from its quota for 2015. Similarly, the Union may use in 2015 any unused quantities up to 10 % of the quota available to it in 2014. It is appropriate to enable such flexibility in the fixing of those fishing opportunities in order to ensure a level-playing field for Union vessels by allowing the Member States concerned to opt for the use of a flexibility quota. Where a Member State has not opted for the use of the flexibility quota in respect of a particular stock, it is appropriate that Articles 3 and 4 of Regulation (EC) No 847/96 continue to apply in accordance with Article 10(2) of Regulation (EU) No 40/2013.
(4) At its second annual meeting in 2014, the South Pacific Regional Fisheries Management Organisation (SPRFMO) adopted fishing opportunities consisting of a total allowable catch (TAC) for jack mackerel. SPRFMO also redefined the specific area to which catch and effort ceilings for bottom fisheries will apply from 4 May 2014 onwards. Those provisions should be implemented in the law of the Union.
(5) It is necessary to clarify certain provisions concerning certain stocks, the Western Channel sole effort management regime and a specific reporting obligation in the context of the Inter-American Tropical Tuna Commission.
(6) The catch limits and effort limits provided for in Regulation (EU) No 43/2014 apply respectively from 1 January and 1 February 2014. The provisions of this Regulation concerning catch limits and fishing effort should therefore also apply from those dates. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted. However, the catch and effort limits for bottom fisheries in the area specified by SPRFMO should apply from 4 May 2014. Since the modification of some catch limits and effort regimes 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
Amendments to Regulation (EU) No 43/2014
Regulation (EU) No 43/2014 is amended as follows:
(1)in Article 1, paragraph 3 is deleted;
(2)the following Article is inserted: ‘Article 18a Flexibility in the fixing of fishing opportunities of certain stocks
This Article shall apply to the following stocks:
(a)haddock in zone IV, Union waters of IIa; (b)blue whiting in Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV; (c)mackerel in zones IIIa and IV; Union waters of IIa, IIIb, IIIc and IIId; (d)mackerel in areas VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV; (e)mackerel in zones VIIIc, IX and X; Union waters of CECAF 34.1.1; (f)mackerel in Norwegian waters of IIa and IVa; (g)herring in Union, Norwegian and international waters of I and II. (h)saithe in the North Sea; (i)plaice in the North Sea; (j)herring in the North Sea north of 53° N; (k)herring in areas IVc and VIId; (l)haddock in area IIIa.
For any of the stocks identified in paragraph 1, a Member State may opt to increase its initial set in Annex I quota by up to 10 %. The Member State concerned shall notify its decision to the Commission in writing. Upon such notification, the increased quota shall be considered as the quota allocated to that Member State for 2014.
Any quantities used in 2014 under such increased quota, that exceed the initial quota, shall be deducted on a tonne-for-tonne basis for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2015.
Any quantities not used under the initial quota up to 10 % of that quota shall be added for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2015.
Any quantities transferred to other Member States pursuant to Article 16(8) of Regulation (EU) No 1380/2013 as well as any quantities deducted pursuant to Articles 37, 105 and 107 of Regulation (EC) No 1224/2009 shall be taken into account for the purpose of establishing quantities used and quantities not used under paragraphs 3 and 4 of this Article.
Where a Member States has used the option in paragraph 2 of this Article in respect of a particular stock, Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply to such stock in respect of that Member State.’;
(3)Article 31 is replaced by the following: ‘Article 31 Bottom fisheries Member States with a track record in bottom fishing catch or effort in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 shall limit their bottom fishing catch or effort in the Convention Area to those parts of the Convention Area where bottom fishing has occurred in that period and to a level that does not exceed the annual average levels of catches or effort parameters over the period from 1 January 2002 to 31 December 2006.’;
(4)in Article 32(6), point (b) is replaced by the following: ‘(b)report the information specified in paragraph (a) to the Member State of which they are nationals. Member States shall transmit the information collected during the previous year to the Commission by 31 January 2014.’;
(5)Annex IA is amended in accordance with Annex I to this Regulation;
(6)Annex IB is amended in accordance with Annex II to this Regulation;
(7)Annex IJ is replaced by the text appearing in Annex III to this Regulation;
(8)Annex IIC is amended in accordance with Annex IV to this Regulation;
(9)Annex III is replaced by the text appearing in Annex V to this Regulation;
(10)Annex VIII is replaced by the text appearing in Annex VI 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.
However,
(a)point 3 of Article 1 shall apply from 4 May 2014; and
(b)point 8 of Article 1 shall apply from 1 February 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Annex IA to Regulation (EU) No 43/2014 is amended as follows:
(1)the entry for tusk in Union and international waters of V, VI and VII is replaced by the following:
‘Species: Tusk Brosme brosme Zone: Union and international waters of V, VI and VII (USK/567EI.) Germany 13 Spain 46 France 548 Ireland 53 United Kingdom 264 Others 13 (1) Union 937 Norway 2 923 (2) (3) (4) TAC 3 860
Analytical TACArticle 11 of this Regulation applies (1)Exclusively for by-catches. No directed fisheries are permitted under this quota. (2)To be fished in Union waters of IIa, IV, Vb, VI and VII (USK/24X7C). (3)Special condition: of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in Vb, VI and VII shall not exceed the following amount in tonnes (OTH/5B67-): (4)Including ling. The following quotas for Norway shall only be fished with long-lines in Vb, VI and VII: (5) The tusk and ling quotas for Norway are interchangeable up to the following amount, in tonnes: 2 000’
(2)the entry for tusk in Norwegian waters of IV is replaced by the following:
‘Species: Tusk Brosme brosme Zone: Norwegian waters of IV (USK/04-N.) Belgium 0 Denmark 165 Germany 1 France 0 The Netherlands 0 United Kingdom 4 Union 170 TAC Not relevant’
Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
(3)the entry for boarfish in Union and international waters of VI, VII and VIII is replaced by the following:
‘Species: Boarfish Caproidae Zone: Union and international waters of VI, VII and VIII (BOR/678-) Denmark 31 291 Ireland 88 115 United Kingdom 8 103 Union 127 509 TAC 127 509’
Analytical TAC
(4)the entry for herring in IIIa is replaced by the following:
‘Species: Herring (1) Clupea harengus Zone: IIIa (HER/03A.) Denmark 19 357 (2) Germany 310 (2) Sweden 20 248 (2) Union 39 915 (2) Faroe Islands 600 (3) TAC 46 750
Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply (1)Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. (2)Special condition: up to 50 % of this amount may be fished in Union waters of IV (HER/04-C.). (3)May only be fished in the Skagerrak (HER/03AN.).’
(5)the entry for herring in Union and Norwegian waters of IV north of 53o 30' N is replaced by the following:
‘Species: Herring (1) Clupea harengus Zone: Union and Norwegian waters of IV north of 53° 30' N (HER/4AB.) Denmark 80 026 Germany 49 675 France 23 226 The Netherlands 59 291 Sweden 4 782 United Kingdom 65 022 Union 282 022 Norway 136 311 (2) TAC 470 037
Analytical TAC (1)Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States shall report separately their landings of herring in IVa (HER/04A.) and IVb (HER/04B.). (2)Catches taken within this quota are to be deducted from Norway's share of the TAC. Within the limit of this quota, no more than the quantity given below may be taken in Union waters of IVa and IVb (HER/4AB-C). Special condition:* within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
Norwegian waters south of 62° N (HER/04N-) (1) Union 50 000 (1)Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States shall report separately their landings of herring in IVa (HER/4AN.) and IVb (HER/*4BN.).’
(6)the entry for herring in Norwegian waters south of 62o N is replaced by the following:
‘Species: Herring (1) Clupea harengus Zone: Norwegian waters south of 62° N (HER/04-N.) Sweden 866 (1) Union 866 TAC 470 037
Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply (1)By-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quota for these species.’
(7)the entry for herring in IIIa is replaced by the following:
‘Species: Herring (1) Clupea harengus Zone: IIIa (HER/03A-BC) Denmark 5 692 Germany 51 Sweden 916 Union 6 659 TAC 6 659
Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply (1)Exclusively for landings of herring taken as by-catch in fisheries using nets with mesh sizes smaller than 32 mm.’
(8)the entry for herring in IV, VIId and Union waters of IIa is replaced by the following:
‘Species: Herring (1) Clupea harengus Zone: IV, VIId and Union waters of IIa (HER/2A47DX) Belgium 65 Denmark 12 526 Germany 65 France 65 The Netherlands 65 Sweden 61 United Kingdom 238 Union 13 085 TAC 13 085
Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply (1)Exclusively for landings of herring taken as by-catch in fisheries using nets with mesh sizes smaller than 32 mm.’
(9)the entry for herring in IVc, VIId is replaced by the following:
‘Species: Herring (1) Clupea harengus Zone: IVc, VIId (2) (HER/4CXB7D) Belgium 9 229 (3) Denmark 1 153 (3) Germany 716 (3) France 12 800 (3) The Netherlands 22 837 (3) United Kingdom 4 969 (3) Union 51 704 TAC 470 037
Analytical TAC (1)Exclusively for landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. (2)Except Blackwater stock: reference is to the herring stock in the maritime region of the Thames estuary within a zone delimited by a rhumb line running due south from Landguard Point (51° 56' N, 1° 19,1' E) to latitude 51° 33' N and hence due west to a point on the coast of the United Kingdom. (3)Special condition: up to 50 % of this quota may be taken in IVb (HER/*04B.).’
(10)the entry for herring in VIIg, VIIh, VIIj and VIIk is replaced by the following:
‘Species: Herring Clupea harengus Zone: VIIg (1), VIIh (1), VIIj (1) and VIIk (1) (HER/7G-K.) Germany 248 France 1 380 Ireland 19 324 The Netherlands 1 380 United Kingdom 28 Union 22 360 TAC 22 360
Analytical TAC (1)This zone is increased by the area bounded:— to the north by latitude 52° 30' N, — to the south by latitude 52° 00' N, — to the west by the coast of Ireland, — to the east by the coast of the United Kingdom.’
(11)the entry for cod in Skagerrak is replaced by the following:
‘Species: Cod Gadus morhua Zone: Skagerrak (COD/03AN.) Belgium 10 (1) Denmark 3 177 (1) Germany 80 (1) The Netherlands 20 (1) Sweden 556 (1) Union 3 843 TAC 3 972
Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply (1)In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 12 % of the quota allocated to that Member State, under the conditions set out in Chapter II of Title II of this Regulation.’
(12)the entry for cod in IV; Union waters of IIa; that part of IIIa not covered by the Skagerrak and Kattegat is replaced by the following:
‘Species: Cod Gadus morhua Zone: IV; Union waters of IIa; that part of IIIa not covered by the Skagerrak and Kattegat (COD/2A3AX4) Belgium 821 (1) Denmark 4 720 (1) Germany 2 992 (1) France 1 015 (1) The Netherlands 2 667 (1) Sweden 31 (1) United Kingdom 10 827 (1) Union 23 073 Norway 4 726 (2) TAC 27 799
Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply (1)In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 12 % of the quota allocated to that Member State, under the conditions set out in Chapter II of Title II of this Regulation. (2)May be taken in Union waters. Catches taken within this quota are to be deducted from Norway's share of the TAC. Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
Norwegian waters of IV (COD/*04N-) Union 20 054’
(13)the entry for cod in Norwegian waters south of 62o N is replaced by the following:
‘Species: Cod Gadus morhua Zone: Norwegian waters south of 62° N (COD/04-N.) Sweden 382 (1) Union 382 TAC Not relevant
Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply (1)By-catches of haddock, pollack and whiting and saithe are to be counted against the quota for these species.’
(14)the entry for cod in VIId is replaced by the following:
‘Species: Cod Gadus morhua Zone: VIId (COD/07D.) Belgium 70 (1) France 1 360 (1) The Netherlands 40 (1) United Kingdom 150 (1) Union 1 620 TAC 1 620
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