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Council Regulation (EU) No 692/2012 of 24 July 2012 amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection of the giant manta ray and certain fishing opportunities

EU Regulation No 692/2012 · Adopted 24 July 2012 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Council Regulation (EU) No 692/2012

of 24 July 2012

amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection of the giant manta ray and 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,

Whereas:

(1)

By Regulations (EU) No 43/2012f1 and (EU) No 44/2012f2, the Council fixed for 2012 fishing opportunities for certain fish stocks and groups of fish stocks applicable in EU waters and, for EU vessels, in certain non-EU waters.

(2)

At the 10th Conference of the Parties (COP10) of the Convention of Migratory Species of Wild Animals, held in Bergen from 20 to 25 November 2011, the giant manta ray (Manta birostris) was added to the lists of protected species in Appendices I and II of the Convention. Therefore, it is appropriate to provide for the protection of giant manta rays with respect to EU vessels fishing in all waters and non-Union vessels fishing in EU waters.

(3)

The possibility of carrying out trials of fully documented catch quotas for various stocks in the International Council on the Exploration of the Seas (ICES) Area VII has been submitted to the Scientific, Technical and Economic Committee for Fisheries (STECF) in order to determine the impact of catch quotas on mortality, discards and selective fishing practices in mixed fisheries. The trials would be conducted on the stocks of plaice, anglerfish, megrim and hake, for which an additional 1 % quota would be available, and on the stock of haddock, for which an additional 5 % quota would be available. In its response to the Commission’s request, STECF expresses support for these trials and sees them as an important step in developing the catch quota management approach. STECF also notes that such trials result in a very low risk of increasing overall fishing mortality on the stocks concerned. Accordingly, it is appropriate to modify the relevant TAC entries so as to make these additional quotas available to Member States engaging in the assessed trials.

(4)

At its 8th Annual Meeting that took place from 26 to 30 March in Guam (USA), the Western and Central Pacific Fisheries Commission (WCPFC) repealed, with immediate effect, its provisions on closed areas for purse-seine fisheries of bigeye tuna and yellowfin tuna in certain high seas areas. These closed areas were implemented in Union law by Article 32 of Regulation (EU) No 44/2012, which should therefore be repealed.

(5)

The United Kingdom provided information on cod catches by a group of vessels fishing with bottom trawls in the Irish Sea and targeting Queen Scallops. On the basis of that information, as assessed by STECF, it can be established that the cod catches, including discards, of vessels involved in that activity do not exceed 1,5 % of the total catches of that group of vessels. Having moreover regard to the measures in place ensuring the monitoring and control of the fishing activities of the group of vessels involved in that activity and considering that the inclusion of that group would constitute an administrative burden disproportionate to its overall impact on cod stocks, it is appropriate to exclude the group of vessels fishing with bottom trawls in the Irish Sea and targeting Queen Scallops from the application of the effort regime laid down in Chapter III of Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocksf3.

(6)

The TAC for cod in the Kattegat should be equal to the Union quota. The relevant figure in Regulation (EU) No 43/2012 should be corrected accordingly.

(7)

Additional fishing opportunities have become available for the Union in 2012 as a result of quota transfers between the Union and other Contracting Parties to the North West Atlantic Fisheries Organisation (NAFO). Consequently, for the year 2012, Annex IC to Regulation (EU) No 44/2012 should be amended so as to reflect those new fishing opportunities. These modifications concern the year 2012 and are without prejudice to the principle of relative stability.

(8)

Annex IIC to Regulation (EU) No 43/2012 fixes fishing effort limits in the context of the management of Western Channel sole stocks in ICES division VIIe. At the United Kingdom’s request, the Commission sought advice from STECF on whether Annex IIC could be amended so as to establish a rolling reference period for the exemption of static gears in point 1.2 of that Annex, rather than the current fixed reference year. In its response, STECF considers that a more recent year or a rolling reference period based on several recent years, would be preferable and deems that the effects of this change on the amount of effort deployed in the fishery should be negligible.

(9)

The sum of quotas allocated to Member States in the TAC of white hake in NAFO 3NO result in a Union quota which is one tonne higher than that established by fishing opportunities set in the context of the Regional Fisheries Management Organisation (RFMO). The relevant quota allocation in Regulation (EU) No 44/2012 should be amended accordingly.

(10)

Consultations on fishing opportunities between the Union, Iceland and the Faroe Islands have failed to result in an agreement for 2012. Consequently, the fishing opportunities reserved for those consultations can now be allocated to Member States. Furthermore, the Coastal States consultations on the management of North East Atlantic mackerel ended inconclusively in Reykjavik on 17 February 2012. Subsequently, in accordance with bilateral arrangements between them the Union and Norway have agreed to fix their respective mackerel fishing opportunities for 2012. Therefore, Article 1 of Regulation (EU) No 44/2012 and the relevant TACs in Annexes IA and IB thereto should be amended in order to distribute the non-allocated quotas and to reflect the traditional allocation of mackerel in the North-East Atlantic.

(11)

Advice from the ICES and the STECF demands a significant reduction of the sandeel TAC in EU waters of ICES divisions IIa and IIIa and ICES subarea IV. Further to that advice, a reduction of the sandeel transfer to Norway was agreed between Norway and the Union during consultations concluded on 9 March 2012. Regulation (EU) No 44/2012 should be amended accordingly.

(12)

During the Third International Meeting, held in May 2007, for the creation of a Regional Fisheries Management Organisation (RFMO) in the high seas of the South Pacific (SPRFMO), the participants adopted interim measures, including fishing opportunities, in order to regulate pelagic fishing activities as well as bottom fisheries in that area until the establishment of such RFMO. Those interim measures were revised at the 2nd Preparatory Conference for the SPRFMO Commission held in January 2011 and have been revised again at the 3rd Preparatory Conference for the SPRFMO Commission held from 30 January to 3 February 2012. Those interim measures are voluntary and not legally binding under international law. It is however appropriate, in accordance with the cooperation and conservation obligations enshrined in the International Law of the Sea, to implement those measures in the law of the Union by establishing an overall quota for the Union and an allocation among the Member States concerned.

(13)

Regulations (EU) No 43/2012 and (EU) No 44/2012 apply, in general, from 1 January 2012. This Regulation should therefore also apply from 1 January 2012. Such retroactive application will be 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 new provisions on giant manta ray should only be effective from the date of entry into force of the modification to the relevant Appendices of the Convention on Migratory Species of Wild Animals, in accordance with paragraph 5 of Article XI thereof. Similarly, the repeal of Article 32 of Regulation (EU) No 44/2012 should apply as of 31 March 2012, in compliance with the date specified by WCPFC for its entry into force. Since the modification of some catch limits have an influence on the economic activities and the planning of the fishing season of EU vessels, this Regulation should enter into force immediately after its publication.

(14)

When Regulation (EU) No 44/2012 was adopted, the maximum number of EU vessels authorised to fish for swordfish and albacore in the Indian Ocean Tuna Commission (IOTC) Convention Area did not include 15 fishing vessels flying the flag of France and registered in La Réunion. The Union TAC in that Annex should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 25, 27.1.2012, p. 1.

f2

OJ L 25, 27.1.2012, p. 55.

f3

OJ L 348, 24.12.2008, p. 20.

Contents

  1. 1Amendments to Regulation (EU) No 43/2012
  2. 2Amendments to Regulation (EU) No 44/2012
  3. 3Entry into force
  4. Signature
  5. Annex I
  6. APart A
  7. BPart B
  8. Annex IIAnnex II

1Amendments to Regulation (EU) No 43/2012

Regulation (EU) No 43/2012 is amended as follows:

  1. (1)

    in Article 12(1) the following point is added:

    1. (g)

      ‘giant manta ray (Manta birostris) in all waters.’;

  2. (2)

    after Article 13 a new article is inserted as follows:

    ‘Amendments to Regulation (EC) No 754/2009

    Article 13a

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

    1. (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);’;’;

  3. (3)

    Annex I is amended in accordance with the text in Annex I to this Regulation.

2Amendments to Regulation (EU) No 44/2012

Regulation (EU) No 44/2012 is amended as follows:

  1. (1)

    in Article 1, paragraphs 3 and 4 are deleted;

  2. (2)

    in Article 13(1), the following point is added:

    1. (g)

      ‘giant manta ray (Manta birostris) in all waters.’;

  3. (3)

    Article 32 is deleted;

  4. (4)

    in Article 37(1), the following point is added:

    1. (g)

      ‘giant manta ray (Manta birostris) in EU waters.’;

  5. (5)

    Annexes I, IA, IB, IC, IJ and VI are amended in accordance with the text in Annex II to this Regulation.

3Entry into force

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

This Regulation applies from 1 January 2012.

However, Article 1(1), Article 2(2) and (4), Annex I point (1) and Annex II point (1) shall apply from 23 February 2012, and Article 2(3) shall apply from 31 March 2012.

Signature

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

A

Annex I to Regulation (EU) No 43/2012 is amended as follows:

  1. 1..

    Part A is amended as follows:

    1. (a)

      the following entry is inserted in the first table (comparative table of Latin names and common names) after the entry for Mallotus villosus:

      ‘

      Manta birostris RMBGiant manta ray

      ’;

    2. (b)

      the following entry is inserted in the second table (comparative table of common names and Latin names) after the entry for flounder:

      ‘

      Giant manta rayRMB Manta birostris

      ’.

  2. 2..

    In Part B,

    1. (a)

      the entry for cod in the Kattegat is replaced by the following:

      Exclusively for by-catches. No directed fisheries are permitted.’;

      ‘SpeciesCodGadus morhua ZoneKattegat(COD/03AS.)
      Denmark82f1

      Analytical TAC

      Germany2
      Sweden49
      Union133
      TAC133
    2. (b)

      the entry for megrims in VII is replaced by the following:

      In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.’;

      ‘SpeciesMegrimsLepidorhombus spp.ZoneVII(LEZ/07.)
      Belgium470f2

      Analytical TAC

      Article 11 of this Regulation applies.

      Spain5 216
      France6 329
      Ireland2 878
      United Kingdom2 492
      Union17 385
      TAC17 385
    3. (c)

      the entry for anglerfish VII is replaced by the following:

      Special condition: of which up to 5 % may be fished in VIIIa, VIIIb, VIIId and VIIIe (ANF/*8ABDE).

      In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.’;

      ‘SpeciesAnglerfishLophiidae ZoneVII(ANF/07.)
      Belgium2 835f3 f4

      Analytical TAC

      Article 11 of this Regulation applies.

      Germany316
      Spain1 126
      France18 191
      Ireland2 325
      The Netherlands367
      United Kingdom5 517
      Union30 677
      TAC30 677
    4. (d)

      the entry for haddock in VIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1 is replaced by the following:

      In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 5 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.’;

      ‘SpeciesHaddockMelanogrammus aeglefinus ZoneVIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1(HAD/7X7A34)
      Belgium185f5

      Analytical TAC

      Article 11 of this Regulation applies.

      France11 096
      Ireland3 699
      United Kingdom1 665
      Union16 645
      TAC16 645
    5. (e)

      the entry for hake in VI and VII; EU and international waters of Vb; international waters of XII and XIV is replaced by the following:

      Transfers of this quota may be effected to EU waters of IIa and IV. However, such transfers must be notified in advance to the Commission.

      Within an overall TAC of 55 105 tonnes for the northern stock of hake.

      In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.

      Special condition:

      Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:

      VIIIa, VIIIb, VIIId and VIIIe(HKE/*8ABDE)
      Belgium37
      Spain1 469
      France1 469
      Ireland184
      The Netherlands18
      United Kingdom827
      Union4 004’;
      ‘SpeciesHakeMerluccius merluccius ZoneVI and VII; EU and international waters of Vb; international waters of XII and XIV(HKE/571214)
      Belgium284f6 f7

      Analytical TAC

      Article 11 of this Regulation applies.

      Spain9 109
      France14 067
      Ireland1 704
      The Netherlands183
      United Kingdom5 553
      Union30 900
      TAC30 900f8
    6. (f)

      the entry for plaice in VIId and VIIe is replaced by the following:

      In addition to this quota, a Member State may grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit of an additional 1 % of the quota allocated to that Member State, under the conditions set out in Article 7 of this Regulation.’.

      ‘SpeciesPlaicePleuronectes platessa ZoneVIId and VIIe(PLE/7DE.)
      Belgium828f9

      Analytical TAC

      France2 761
      United Kingdom1 473
      Union5 062
      TAC5 062

B

  1. 1..

    In Appendix 1 of Annex IIA to Regulation (EU) No 43/2012, table (c), the column concerning the United Kingdom (UK) is replaced by the following:

    ‘UK

    339 592

    1 086 399

    0

    0

    111 693

    5 970

    158

    70 614’.

  2. 2..

    In Annex IIC to Regulation (EU) No 43/2012, point 1.2 is replaced by the following:

    1. 1.2

      ‘Vessels fishing with static nets with mesh size equal to or larger than 120 mm and with records of catches of less than 300 kg live weight of sole per year during the three previous years, according to their fishing records, shall be exempt from the application of this Annex provided that:

      1. (a)

        such vessels catch less than 300 kg live weight of sole during the 2012 management period;

      2. (b)

        such vessels do not tranship any fish at sea to another vessel; and

      3. (c)

        by 31 July 2012 and 31 January 2013 each Member State concerned make a report to the Commission on these vessels’ catch records for sole in the three previous years as well as on catches of sole in 2012.

      When any of these conditions is not met, the vessels concerned shall, with immediate effect, cease to be exempt from the application of this Annex.’.

Annex II

Annexes I, IA, IB, IC, IJ and VI to Regulation (EU) No 44/2012 are amended as follows:

  1. 1..

    Annex I is amended as follows:

    1. (a)

      the following entry is inserted in the first table (comparative table of Latin names and common names) after the entry for Mallotus villosus:

      ‘

      Manta birostris RMBGiant manta ray

      ’;

    2. (b)

      the following entry is inserted in the second table (comparative table of common names and Latin names) after the entry for flounder:

      ‘

      Giant manta rayRMB Manta birostris

      ’.

  2. 2..

    Annex IA is amended as follows:

    1. (a)

      the entry for sandeel and associated by-catches in EU waters of IIa, IIIa and IV is replaced by the following:

      Excluding waters within six nautical miles of UK baselines at Shetland, Fair Isle and Foula.

      At least 98 % of landings counted against the TAC must be of sandeel. By-catches of dab, mackerel and whiting to be counted against the remaining 2 % 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 sandeel management areas, as defined in Annex IIB:

      May be revised in accordance with Article 5(4) of this Regulation.’;

      ZoneEU waters of sandeel management areasf1
      1234567
      (SAN/*234_1)(SAN/*234_2)(SAN/*234_3)(SAN/*234_4)(SAN/*234_5)(SAN/*234_6)(SAN/*234_7)
      Denmark19 5264 7174 7174 71703950
      United Kingdom427103103103090
      Germany30777010
      Sweden7171731731730150
      Union20 7005 0005 0005 00004200
      Norway2 300000000
      Total23 0005 0005 0005 00004200
      ‘SpeciesSandeel and associated by-catchesAmmodytes spp.ZoneEU waters of IIa, IIIa and IVf2(SAN/2A3A4.)
      Denmark34 072f3

      Analytical TAC

      United Kingdom745
      Germany52
      Sweden1 251
      Union36 120
      Norway2 300
      TAC38 420
    2. (b)

      the entry for herring in EU and international waters of Vb, VIb and VIaN is replaced by the following:

      Reference is to the herring stock in VIa, north of 56° 00′ N and in that part of VIa which is situated east of 07° 00′ W and north of 55° 00′ N, excluding the Clyde.’;

      ‘SpeciesHerringClupea harengus ZoneEU and international waters of Vb, VIb and VIaNf4(HER/5B6ANB)
      Germany2 560

      Analytical TAC

      France484
      Ireland3 459
      The Netherlands2 560
      United Kingdom13 837
      Union22 900
      TAC22 900
    3. (c)

      the entry for blue whiting in EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV is replaced by the following:

      Special condition: of which up to 68 % may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1).

      Transfers of this quota may be effected to VIIIc, IX and X; EU waters of CECAF 34.1.1. However, such transfers must be notified in advance to the Commission.’;

      ‘SpeciesBlue whitingMicromesistius poutassou ZoneEU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV(WHB/1X14)
      Denmark10 370f5

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Article 7 of this Regulation applies.

      Germany4 032
      Spain8 791 f6
      France7 217
      Ireland8 030
      The Netherlands12 645
      Portugal817
      Sweden2 565
      United Kingdom13 454
      Union67 921
      Norway30 000
      TAC391 000
    4. (d)

      the entry for blue ling in EU waters and international waters of Vb, VI, VII is replaced by the following:

      Exclusively for by-catches. No directed fisheries are permitted under this quota.

      To be fished in EU waters of IIa, IV, Vb, VI and VII (BLI/*24X7C).

      Special rules apply in accordance with Article 1 of Regulation (EC) No 1288/2009f7 and point 7 of Annex III to Regulation (EC) No 43/2009f8.

      ‘SpeciesBlue lingMolva dypterygia ZoneEU waters and international waters of Vb, VI, VII(BLI/5B67-)f9
      Germany20

      Analytical TAC

      Article 12 of this Regulation applies.

      Estonia3
      Spain62
      France1 423
      Ireland5
      Lithuania1
      Poland1
      United Kingdom362
      Others5f10
      Union1 882
      Norway150f11
      TAC2 032
    5. (e)

      the entry for ling in EU and international waters of VI, VII, VIII, IX, X, XII and XIV is replaced by the following:

      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 VI and VII shall not exceed 3 000 tonnes.

      Including tusk. The quotas for Norway are: ling 6 140 tonnes and tusk 2 923 tonnes and are interchangeable of up to 2 000 tonnes and may only be fished with long-lines in Vb, VI and VII.’;

      ‘SpeciesLingMolva molva ZoneEU and international waters of VI, VII, VIII, IX, X, XII and XIV(LIN/6X14.)
      Belgium30

      Analytical TAC

      Article 12 of this Regulation applies.

      Denmark5
      Germany109
      Spain2 211
      France2 357
      Ireland591
      Portugal5
      United Kingdom2 716
      Union8 024
      Norway6 140f12 f13
      TAC14 164
    6. (f)

      X1the entry for mackerel in IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId is replaced by the following:

      Special condition: including 242 tonnes to be taken in Norwegian waters south of 62° N (MAC/*04N-).

      When fishing in Norwegian waters, by-catches of cod (COD/*2134.), haddock (HAD/*2134.), pollack (POL/*2134.) and whiting (WHG/*2134.) and saithe (POK/*2134.) are to be counted against the quotas for these species.

      May also be taken in Norwegian waters of IVa (MAC/*4AN.).

      To be deducted from Norway’s share of the TAC (access quota). This amount includes the Norwegian share in the North Sea TAC of the amount of 46 685 tonnes. This quota may be fished in IVa only (MAC/*04A.), except for 3 000 tonnes that may be fished in IIIa (MAC/*03A.).

      Special condition:

      Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones.

      IIIa(MAC/*03A.)IIIa and IVbc(MAC/*3A4BC)IVb(MAC/*04B.)IVc(MAC/*04C.)VI, international waters of IIa, from 1 January to 31 March 2012 and in December 2012(MAC/*2A6.)
      Denmark04 130009 482
      France0490000
      The Netherlands0490000
      Sweden00390101 829
      United Kingdom0490000
      Norway3 0000000’;
      ‘SpeciesMackerelScomber scombrus ZoneIIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32(MAC/2A34.)
      Belgium512f14

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Article 7 of this Regulation applies.

      Denmark17 580
      Germany534
      France1 612
      The Netherlands1 623
      Sweden4 813f15 f16
      United Kingdom1 503
      Union28 177
      Norway167 197f17
      TACNot relevant
    7. (g)

      the entry for mackerel in VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV is replaced by the following:

      May be fished in IIa, VIa north of 56° 30′ N, IVa, VIId, VIIe, VIIf and VIIh (MAC/*AX7H).

      An additional 33 437 tonnes of access quota may be fished by Norway North of 56° 30′ N and counted against its catch limit (MAC/*N6530).

      Special condition:

      Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones and periods specified below.

      EU and Norwegian waters of IVa(MAC/*04A-EN)During the periods from 1 January to 15 February 2012 and from 1 September to 31 December 2012Norwegian waters of IIa(MAC/*2AN-)
      Germany8 219837
      France5 479557
      Ireland27 3962 790
      The Netherlands11 9851 220
      United Kingdom75 3427 672
      Union128 42113 076’;
      ‘SpeciesMackerelScomber scombrus ZoneVI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV(MAC/2CX14-)
      Germany20 427

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Article 7 of this Regulation applies.

      Spain22
      Estonia170
      France13 619
      Ireland68 089
      Latvia126
      Lithuania126
      The Netherlands29 788
      Poland1 438
      United Kingdom187 248
      Union321 053
      Norway13 898f18 f19
      TACNot relevant
    8. (h)

      the entry for mackerel in VIIIc, IX and X; EU waters of CECAF 34.1.1 is replaced by the following:

      Special condition: quantities subject to exchanges with other Member States may be taken in VIIIa, VIIIb and VIIId (MAC/*8ABD.). However, the quantities provided by Spain, Portugal or France for exchange purposes and to be taken in VIIIa, VIIIb and VIIId shall not exceed 25 % of the quotas of the donor Member State.

      Special condition:

      Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone.

      VIIIb(MAC/*08B.)
      Spain2 543
      France17
      Portugal526’;
      ‘SpeciesMackerelScomber scombrus ZoneVIIIc, IX and X; EU waters of CECAF 34.1.1(MAC/8C3411)
      Spain30 278f20

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Article 7 of this Regulation applies.

      France201
      Portugal6 258
      Union36 737
      TACNot relevant
    9. (i)

      the entry for mackerel in Norwegian waters of IIa and IVa is replaced by the following:

      Catches taken in IIa (MAC/*02A.) and IVa (MAC/*4A.) to be reported separately.’;

      ‘SpeciesMackerelScomber scombrus ZoneNorwegian waters of IIa and IVa(MAC/2A4A-N.)
      Denmark12 608f21

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Article 7 of this Regulation applies.

      Union12 608
      TACNot relevant
    10. (j)

      the entry for sprat and associated by-catches in EU waters of IIa and IV is replaced by the following:

      Including sandeel.

      May only be fished in EU waters of IV (SPR/*04-C.).

      May be revised in accordance with Article 5(4) of this Regulation.

      At least 98 % of landings counted against the TAC must be of sprat. By-catches of dab and whiting to be counted against the remaining 2 % of the TAC (OTH/*2AC4C).’;

      ‘SpeciesSprat and associated by-catchesSprattus sprattus ZoneEU waters of IIa and IV(SPR/2AC4-C)
      Belgium1 737f22

      Precautionary TAC

      Denmark137 489
      Germany1 737
      France1 737
      The Netherlands1 737
      Sweden1 330f23
      United Kingdom5 733
      Union151 500
      Norway10 000f24
      TAC161 500f25
    11. (k)

      the entry for horse mackerel and associated by-catches in EU waters of IIa, IVa, VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV is replaced by the following:

      Special condition: up to 5 % of this quota fished in EU waters of IIa or IVa before 30 June 2012 may be accounted for as fished under the quota concerning the zone of EU waters of IVb, IVc and VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*4BC7D).

      Special condition: up to 5 % of this quota may be fished in VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*07D.).

      At least 95 % of landings counted against the TAC must be of horse mackerel. By-catches of boarfish, haddock, whiting and mackerel are to be counted against the remaining 5 % of the TAC (OTH/*2A-14).’.

      ‘SpeciesHorse mackerel and associated by-catchesTrachurus spp.ZoneEU waters of IIa, IVa, VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV(JAX/2A-14)
      Denmark15 702f26 f27

      Analytical TAC

      Germany12 251 f28
      Spain16 711
      France6 306
      Ireland40 803
      The Netherlands49 156
      Portugal1 610
      Sweden675
      United Kingdom14 775
      Union157 989
      TAC157 989
  3. 3..

    Annex IB is amended as follows:

    1. (a)

      the entry for cod and haddock in Faroese waters of Vb is replaced by the following:

      ‘

      SpeciesCod and haddockGadus morhua and Melanogrammus aeglefinus ZoneFaroese waters of Vb(C/H/05B-F.)
      Germany0

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      France0
      United Kingdom0
      Union0
      TACNot relevant

      ’;

    2. (b)

      the entry for blue whiting in Faroese waters is replaced by the following:

      TAC set in accordance with consultations among the Union, Faroe Islands, Norway and Iceland.’;

      ‘SpeciesBlue whitingMicromesistius poutassou ZoneFaroese waters(WHB/2A4AXF)
      Denmark0

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Germany0
      France0
      The Netherlands0
      United Kingdom0
      Union0
      TAC0f29
    3. (c)

      the entry for ling and blue ling in Faroese waters of Vb is replaced by the following:

      ‘

      SpeciesLing and blue lingMolva molva and Molva dypterygia ZoneFaroese waters of Vb(B/L/05B-F.)
      Germany0

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      France0
      United Kingdom0
      Union0
      TACNot relevant

      ’;

    4. (d)

      the entry for northern prawn in Greenland waters of V and XIV is replaced by the following:

      Of which 2 900 tonnes are allocated to Norway.’;

      ‘SpeciesNorthern prawnPandalus borealis ZoneGreenland waters of V and XIV(PRA/514GRN)
      Denmark2 550

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      France2 550
      Union8 000f30
      TACNot relevant
    5. (e)

      the entry for saithe in Faroese waters of Vb is replaced by the following:

      ‘

      SpeciesSaithePollachius virens ZoneFaroese waters of Vb(POK/05B-F.)
      Belgium0

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Germany0
      France0
      The Netherlands0
      United Kingdom0
      Union0
      TACNot relevant

      ’;

    6. (f)

      the entry for redfish in Icelandic waters of Va is replaced by the following:

      Including unavoidable by-catches (cod not allowed).

      May only be fished between July and December 2012.’;

      ‘SpeciesRedfishSebastes spp.ZoneIcelandic waters of Va(RED/05A-IS)
      Belgium0f31 f32

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Germany0
      France0
      United Kingdom0
      Union0
      TACNot relevant
    7. (g)

      the entry for redfish in Faroese waters of Vb is replaced by the following:

      ‘

      SpeciesRedfishSebastes spp.ZoneFaroese waters Vb(RED/05B-F.)
      Belgium0

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Germany0
      France0
      United Kingdom0
      Union0
      TACNot relevant

      ’;

    8. (h)

      the entry for other species in Faroese waters of Vb is replaced by the following:

      Excluding fish species of no commercial value.’;

      ‘SpeciesOther speciesf33 ZoneFaroese waters of Vb(OTH/05B-F.)
      Germany0

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      France0
      United Kingdom0
      Union0
      TACNot relevant
    9. (i)

      the entry for flatfish in Faroese waters of Vb is replaced by the following:

      ‘

      SpeciesFlatfishZoneFaroese waters of Vb(FLX/05B-F.)
      Germany0

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      France0
      United Kingdom0
      Union0
      TACNot relevant

      ’.

  4. 4..

    Annex IC is amended as follows:

    1. (a)

      the entry for cod in NAFO 3M is replaced by the following:

      Out of this quota, a quantity of 133 tons is deducted following a transfer of fishing opportunity to a third country.

      To this quota, an additional quantity of 131,5 tons is added following transfers of fishing opportunities with third countries.

      Out of this quota, a quantity of 1,5 tons is deducted following transfers of fishing opportunities with third countries.’;

      ‘SpeciesCodGadus morhua ZoneNAFO 3M(COD/N3M.)
      Estonia103
      Germany432
      Latvia103
      Lithuania103
      Poland352f34
      Spain1 328
      France185
      Portugal1 821f35
      United Kingdom865
      Union 5 292 f36
      TAC9 280
    2. (b)

      X2. . . . .

    3. (c)

      the entry for Northern prawn in NAFO 3L is replaced by the following

      Not including the box bounded by the following coordinates:

      Point NoLatitude NLongitude W
      147° 20′ 046° 40′ 0
      247° 20′ 046° 30′ 0
      346° 00′ 046° 30′ 0
      446° 00′ 046° 40′ 0

      To this quota, an additional quantity of 266 tons is added following a transfer of fishing opportunity from a third country.

      To this quota, an additional quantity of 133 tons is added following a transfer of fishing opportunity from a third country.

      To this quota, an additional quantity of 399 tons is added following transfers of fishing opportunities from third countries.’;

      ‘SpeciesNorthern prawnPandalus borealis ZoneNAFO 3Lf37(PRA/N3L.)
      Estonia134

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Latvia134
      Lithuania134
      Poland134f38
      Spain105,5
      Portugal28,5f39
      Union670f40
      TAC12 000
    4. (d)

      the entry for Greenland halibut in NAFO 3LMNO is replaced by the following:

      To this quota, an additional quantity of 10 tons is added following a transfer of fishing opportunity from a third country.

      To this quota, an additional quantity of 10 tons is added following a transfer of fishing opportunity from a third country.’;

      ‘SpeciesGreenland halibutReinhardtius hippoglossoides ZoneNAFO 3LMNO(GHL/N3LMNO)
      Estonia328

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Germany335
      Latvia46
      Lithuania23
      Spain4 486
      Portugal1 875f41
      Union7 093f42
      TAC12 098
    5. (e)

      the entry for redfish in NAFO 3LN is replaced by the following

      To this quota, an additional quantity of 454 tons is added following a transfer of fishing opportunity from a third country.

      To this quota, an additional quantity of 454 tons is added following a transfer of fishing opportunity from a third country.’;

      ‘SpeciesRedfishSebastes spp.ZoneNAFO 3LN(RED/N3LN.)
      Estonia297
      Germany203
      Latvia297
      Lithuania297
      Portugal0f43
      Union1 094f44
      TAC6 000
    6. (f)

      the entry of redfish in NAFO 3M is replaced by the following:

      This quota is subject to compliance with the TAC of 6 500 tonnes established for this stock for all NAFO Contracting Parties. Upon exhaustion of the TAC, the directed fishery for this stock must be stopped irrespective of the level of catches.

      To this quota, an additional quantity of 675 tons is added following a transfer of fishing opportunity from a third country.

      To this quota, an additional quantity of 675 tons is added following a transfer of fishing opportunity from a third country.’;

      ‘SpeciesRedfishSebastes spp.ZoneNAFO 3M(RED/N3M.)
      Estonia1 571f45

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Germany513
      Spain233
      Latvia1 571
      Lithuania1 571
      Portugal2 354 f46
      Union7 813 f47
      TAC6 500
    7. (g)

      the entry for redfish in NAFO 3O is replaced by the following:

      To this quota, an additional quantity of 150 tons is added following a transfer of fishing opportunity from a third country.

      To this quota, an additional quantity of 150 tons is added following a transfer of fishing opportunity from a third country.’.

      ‘SpeciesRedfishSebastes spp.ZoneNAFO 3O(RED/N3O.)
      Spain1 771

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Portugal5 229
      Poland0f48
      Union7 000f49
      TAC20 000
    8. (h)

      X3the entry for white hake in NAFO 3NO is replaced by the following:

      ‘

      Species White hake Urophycis tenuis Zone NAFO 3NO (HKW/N3NO.)
      Spain 1 273

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 does not apply.

      Article 4 of Regulation (EC) No 847/96 does not apply.

      Portugal 1 667
      Union 2 940
      TAC 5 000

      ’

  5. 5..

    Annex IJ is replaced by the following:

    ‘ANNEX IJ

    SPRFMO CONVENTION AREA

    SpeciesJack mackerelTrachurus murphyi ZoneSPRFMO Convention Area(CJM/SPRFMO)
    Germany6 790,5
    The Netherlands7 360,2
    Lithuania4 725
    Poland8 124,3
    Union27 000

    ’.

  6. 6..

    In Annex VI, point 2 is replaced by the following:

    1. 2..

      ‘ Maximum number of EU vessels authorised to fish for swordfish and albacore in the IOTC Convention Area

      Member State Maximum number of vessels Capacity (gross tonnage)
      Spain 27 11 590
      France 41 5 382
      Portugal 15 6 925
      United Kingdom 4 1 400
      Union 87 25 297

    ’