Council Regulation (EU) No 683/2011 of 17 June 2011 amending Regulation (EU) No 57/2011 as regards fishing opportunities for certain fish stocks
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Address https://gelex.eu/eli/EU/regulation/2011/683@2011-06-17/en
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) Council Regulation (EU) No 57/2011 fixes for 2011 the 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) Consultations on fishing opportunities between the Union and the Faroe Islands failed to result in an agreement for 2011. After a further round of consultations with Norway in March 2011, the fishing opportunities reserved for the consultations with the Faroe Islands can now be allocated to Member States. Therefore, Article 1 of Regulation (EU) No 57/2011 and the relevant TACs in Annexes IA and IB thereto should be amended in order to distribute the non-allocated quota and to reflect the traditional allocation of mackerel in the North-East Atlantic.
(3) It is desirable to implement flexible arrangements regarding the use of blue whiting quotas across the two main management areas provided for in Annex IA to Regulation (EU) No 57/2011 for that fishery (namely the area consisting of EU and international waters of ICES zones I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV and the area consisting of ICES zones VIIIc, IX and X and EU waters of CECAF 34.1.1), since those two areas are subject to the same scientific advice and considered part of the same biological stock.
(4) Annex IA to Regulation (EU) No 57/2011 establishes general quotas for Norway lobster in ICES zone VII and specific quotas for Norway lobster in the area of the Porcupine Bank located within that zone. It is necessary to fix those specific quotas anew for the year 2011 on the basis of updated data on historic catches.
(5) Further to the consultations concluded on 17 March 2011 between coastal states (Faroe Islands, Greenland and Iceland) and other North East Atlantic Fisheries Convention (NEAFC) parties (Union and Norway) on the management of redfish in the Irminger Sea and adjacent waters, it is necessary to establish TACs for redfish in those areas while respecting the agreed time and area restrictions. Annex IB to Regulation (EU) No 57/2011 should be amended accordingly.
(6) At its Annual Meeting in 2010, the Western and Central Pacific Fisheries Commission decided to maintain the limits imposed for that year on swordfish catches and on the number of vessels authorised to fish for swordfish, with effect from 1 January 2011. It is necessary to implement those measures in Union law.
(7) 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 accepted 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. New interim measures have been accepted at the Second Preparatory Conference for the SPRFMO Commission, held in January 2011. 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 Union law by establishing an overall quota for the Union. For the purpose of allocating the Union quota among the Member States, it is appropriate to establish a new and final allocation key on the basis of sound, fair and objective criteria of the past fishing performance of the Member States in 2009 and 2010 which is a recent and sufficiently representative period during which all Member States concerned were present on the fishing grounds.
(8) Annex IIB to Regulation (EU) No 57/2011 sets fishing effort limitations for the recovery of certain southern hake and Norway lobster stocks in ICES divisions VIIIc and IXa, excluding the Gulf of Cadiz. It is appropriate to clarify the wording of a special condition set out in the framework of those fishing effort limitations and the consequences of receiving an unlimited number of days for landings in the 2011 management period.
(9) Annex IIC to Regulation (EU) No 57/2011 sets fishing effort limitations for the purposes of Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel. It is necessary to align the wording of that Annex with the wording of Article 5(2) of Regulation (EC) No 509/2007.
(10) Regulation (EU) No 57/2011 applies, in general, from 1 January 2011. However, the fishing effort limits are laid down for a 1-year period starting from 1 February 2011. In order to follow the year-to-year regime of reporting on fishing opportunities, the provisions of this Regulation concerning catch limits and allocations should apply from 1 January 2011 and the provisions concerning fishing effort limits should apply from 1 February 2011, except where indicated otherwise. Such retroactive application is without prejudice to the principle of legal certainty as the fishing opportunities concerned have not yet been exhausted. For reasons of urgency, this Regulation should enter into force immediately after its publication,
HAS ADOPTED THIS REGULATION:
Article 1 Amendments to Regulation (EU) No 57/2011
Regulation (EU) No 57/2011 is amended as follows:
(1) Article 1 is replaced by the following:
Article 1 Amendments to Regulation (EU) No 57/2011
(1)
Article 1 Subject matter
This Regulation fixes the following fishing opportunities:
(a) for the year 2011, catch limits for certain fish stocks and groups of fish stocks;
(b) for the period from 1 February 2011 to 31 January 2012, certain effort limits;
(c) for the periods set out in Articles 20, 21 and 22 and in Annexes IE and V, fishing opportunities for certain stocks in the Convention Area of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR);
(d) for the periods set out in Article 28, fishing opportunities for certain stocks in the Convention Area of the Inter American Tropical Tuna Commission (IATTC); and
(e) additional fishing opportunities for mackerel resulting from uncaught quota in 2010.;
Article 1 Amendments to Regulation (EU) No 57/2011
(2) Annex IA is amended as follows:
(a) Special conditions: the entry for sandeel and associated by-catches in EU waters of IIa, IIIa and IV is replaced by the following: 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 IID: Zone EU waters of sandeel management areas 1 2 3 4 5 6 7 (SAN/*234_1) (SAN/*234_2) (SAN/*234_3) (SAN/*234_4) (SAN/*234_5) (SAN/*234_6) (SAN/*234_7) Denmark 282989 32072 9434 9434 0 395 0 United Kingdom 6186 701 206 206 0 9 0 Germany 433 49 14 14 0 1 0 Sweden 10392 1178 346 346 0 15 0 EU 300000 34000 10000 10000 0 420 0 Norway 20000 0 0 0 0 0 0 Total 320000 34000 10000 10000 0 420 0; Species Sandeel and associated by-catches Ammodytes spp. Zone EU waters of IIa, IIIa and IV (SAN/2A3A4.) Denmark 334324 Analytical TAC United Kingdom 7308 Germany 511 Sweden 12277 EU 354420 Norway 20000 TAC 374420
(b) the entry for herring in IIIa is replaced by the following: Species Herring Clupea harengus Zone IIIa (HER/03A.) Denmark 12608 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Germany 202 Sweden 13189 EU 25999 TAC 30000
(c) the entry for herring in EU and international waters of Vb, VIb and VIaN is replaced by the following: Species Herring Clupea harengus Zone EU and international waters of Vb, VIb and VIaN (HER/5B6ANB) Germany 2513 Analytical TAC France 475 Ireland 3396 The Netherlands 2513 United Kingdom 13584 EU 22481 TAC 22481
(d) 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: Species Blue whiting Micromesistius poutassou Zone EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV (WHB/1X14) Denmark 1533 Analytical TAC Germany 596 Spain 1300 France 1067 Ireland 1187 The Netherlands 1869 Portugal 121 Sweden 379 United Kingdom 1990 EU 10042 TAC 40100
(e) the entry for blue ling in EU waters and international waters of Vb, VI, VII is replaced by the following: Species Blue ling Molva dypterygia Zone EU waters and international waters of Vb, VI, VII (BLI/5B67-) Germany 20 Analytical TAC Article 13 of this Regulation applies. Estonia 3 Spain 62 France 1422 Ireland 5 Lithuania 1 Poland 1 United Kingdom 362 Others 5 EU 1717 Norway 150 TAC 2032
(f) the entry for ling in EU and international waters of VI, VII, VIII, IX, X, XII and XIV is replaced by the following: Species Ling Molva molva Zone EU and international waters of VI, VII, VIII, IX, X, XII and XIV (LIN/6X14.) Belgium 30 Analytical TAC Article 13 of this Regulation applies. Denmark 5 Germany 109 Spain 2211 France 2357 Ireland 591 Portugal 5 United Kingdom 2716 EU 8024 Norway 6140 TAC 14164
(g) the entry for Norway lobster in zone VII is replaced by the following: Species Norway lobster Nephrops norvegicus Zone VII (NEP/07.) Spain 1306 Analytical TAC France 5291 Ireland 8025 United Kingdom 7137 EU 21759 TAC 21759
(h) Special condition: the entry for mackerel in IIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32 is replaced by the following: 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 2011 and in December 2011 (MAC/*2A6.) Denmark 0 4130 0 0 9764 France 0 490 0 0 0 The Netherlands 0 490 0 0 0 Sweden 0 0 390 10 1847 United Kingdom 0 490 0 0 0 Norway 3000 0 0 0 0 Species Mackerel Scomber scombrus Zone IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId (MAC/2A34.) Belgium 517 Article 3 of Regulation (EC) No 847/96 does not apply. Denmark 18084 Germany 539 France 1629 The Netherlands 1640 Sweden 4860 United Kingdom 1518 EU 28787 Norway 169019 TAC Not relevant
(i) Special condition: 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: 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 2011 and from 1 September to 31 December 2011 Norwegian waters of IIa (MAC/*2AN-) Germany 8326 849 France 5551 566 Ireland 27754 2832 The Netherlands 12142 1238 United Kingdom 76325 7789 EU 130098 13274; Species Mackerel Scomber scombrus Zone VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV (MAC/2CX14-) Germany 20694 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Spain 22 Estonia 172 France 13797 Ireland 68978 Latvia 127 Lithuania 127 The Netherlands 30177 Poland 1457 United Kingdom 189694 EU 325245 Norway 14050 TAC Not relevant
(j) Special condition: the entry for mackerel in VIIIc, IX and X; EU waters of CECAF 34.1.1 is replaced by the following: Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone. VIIIb (MAC/*08B.) Spain 2570 France 17 Portugal 531; Species Mackerel Scomber scombrus Zone VIIIc, IX and X; EU waters of CECAF 34.1.1 (MAC/8C3411) Spain 30609 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. France 203 Portugal 6327 EU 37139 TAC Not relevant
(k) the entry for mackerel in Norwegian waters of IIa and IVa is replaced by the following: Species Mackerel Scomber scombrus Zone Norwegian waters of IIa and IVa (MAC/2A4A-N.) Denmark 13018 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. EU 13018 TAC Not relevant
(l) the entry for sprat and associated by-catches in EU waters of IIa and IV is replaced by the following: Species Sprat and associated by-catches Sprattus sprattus Zone EU waters of IIa and IV (SPR/2AC4-C) Belgium 1835 Precautionary TAC Denmark 145273 Germany 1835 France 1835 The Netherlands 1835 Sweden 1330 United Kingdom 6057 EU 160000 Norway 10000 TAC 170000
(m) 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: Species Horse mackerel and associated by-catches Trachurus spp. Zone 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 (JAX/2A-14) Denmark 15781 Analytical TAC Germany 12314 Spain 16795 France 6338 Ireland 41010 The Netherlands 49406 Portugal 1618 Sweden 675 United Kingdom 14850 EU 158787 TAC 158787
(3) Annex IB is amended as follows:
(a) the entry for cod and haddock in Faroese waters of Vb is replaced by the following: Species Cod and haddock Gadus morhua and Melanogrammus aeglefinus Zone Faroese waters of Vb (C/H/05B-F.) Germany 0 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. France 0 United Kingdom 0 EU 0 TAC Not relevant;
(b) the entry for blue whiting in Faroese waters is replaced by the following: Species Blue whiting Micromesistius poutassou Zone Faroese waters (WHB/2A4AXF) Denmark 0 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Germany 0 France 0 The Netherlands 0 United Kingdom 0 EU 0 TAC 40100
(c) the entry for ling and blue ling in Faroese waters of Vb is replaced by the following: Species Ling and blue ling Molva molva and Molva dypterygia Zone Faroese waters of Vb (B/L/05B-F.) Germany 0 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. France 0 United Kingdom 0 EU 0 TAC Not relevant;
(d) the entry for northern prawn in Greenland waters of V and XIV is replaced by the following: Species Northern prawn Pandalus borealis Zone Greenland waters of V and XIV (PRA/514GRN) Denmark 1950 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. France 1950 EU 7000 TAC Not relevant
(e) the entry for saithe in Faroese waters of Vb is replaced by the following: Species Saithe Pollachius virens Zone Faroese waters of Vb (POK/05B-F.) Belgium 0 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Germany 0 France 0 The Netherlands 0 United Kingdom 0 EU 0 TAC Not relevant;
(f) the entry for Greenland halibut in Greenland waters of NAFO 0 and 1 is replaced by the following: Species Greenland halibut Reinhardtius hippoglossoides Zone Greenland waters of NAFO 0 and 1 (GHL/N01GRN) Germany 1850 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. EU 2650 TAC Not relevant
(g) the entry for Greenland halibut in Greenland waters of V and XIV is replaced by the following: Species Greenland halibut Reinhardtius hippoglossoides Zone Greenland waters of V and XIV (GHL/514GRN) Germany 5867 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. United Kingdom 309 EU 7000 TAC Not relevant
(h) the entry for redfish in EU and international waters of V; international waters of XII and XIV is replaced by the following: Species Redfish (shallow pelagic) Sebastes spp. Zone EU and international waters of V; international waters of XII and XIV (RED/51214S) Estonia 0 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Germany 0 Spain 0 France 0 Ireland 0 Latvia 0 The Netherlands 0 Poland 0 Portugal 0 United Kingdom 0 EU 0 TAC 0 Species Redfish (deep pelagic) Sebastes spp. Zone EU and international waters of V; international waters of XII and XIV (RED/51214D) Estonia 177 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Germany 3569 Spain 633 France 336 Ireland 1 Latvia 64 The Netherlands 2 Poland 324 Portugal 757 United Kingdom 8 EU 5871 TAC 38000
(i) the entry for redfish in Greenland waters of V and XIV is replaced by the following: Species Redfish (pelagic) Sebastes spp. Zone Greenland waters of V and XIV (RED/514GRN) Germany 5164 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. France 26 United Kingdom 37 EU 5227 TAC Not relevant
(j) the entry for other species in Faroese waters of Vb is replaced by the following: Species Other species Zone Faroese waters of Vb (OTH/05B-F.) Germany 0 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. France 0 United Kingdom 0 EU 0 TAC Not relevant
(k) the entry for flatfish in Faroese waters of Vb is replaced by the following: Species Flatfish Zone Faroese waters of Vb (FLX/05B-F.) Germany 0 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. France 0 United Kingdom 0 EU 0 TAC Not relevant;
(4) in Annex IC, the entry for northern prawn in zone NAFO 3L is replaced by the following: Species Northern prawn Pandalus borealis Zone NAFO 3L (PRA/N3L.) Estonia 214 Analytical TAC Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Latvia 214 Lithuania 214 Poland 214 Other Member States 213 EU 1069 TAC 19200
(5) In Annex ID, the entry for bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean (BFT/AE045W) is replaced by the following: Species Bluefin tuna Thunnus thynnus Zone Atlantic Ocean, east of 45° W, and Mediterranean (BFT/AE045W) Cyprus 66,98 Greece 124,37 Spain 2411,01 France 958,42 Italy 1787,91 Malta 153,99 Portugal 226,84 Other Member States 26,90 EU 5756,41 TAC 12900
(6) Annex IH is replaced by the following:
(7) Annex IJ is replaced by the following:
(8) Annex IIB is amended as follows:
(a)5.2. point 5.2 is replaced by the following: For the purposes of fixing the maximum number of days at sea that an EU vessel may be authorised by its flag Member State to be present within the area, the following special conditions shall apply in accordance with Table I:
(a) the total landings of hake in the year 2008 or 2009 made by the vessel shall represent less than 5 tonnes or less than 3 % of the total landings in live weight; and
(b) the total landings of Norway lobster in the year 2008 or 2009 made by the vessel shall represent less than 2,5 tonnes according to the landings in live weight.;
(b)9.1. point 9.1 is replaced by the following: If a vessel has received an unlimited number of days resulting from compliance with the special conditions, the vessel’s landings in the 2011 management period shall not exceed 5 tonnes or 3 % of the total landings in live weight of hake and 2,5 tonnes in live weight of Norway lobster.;
(9) Annex IIC is amended as follows:
(a) 2. point 2 is replaced by the following: Fishing gear For the purposes of this Annex, the following groupings of fishing gears shall apply:
(a) beam trawls of mesh size equal to or greater than 80 mm;
(b) static nets including gill-nets, trammel-nets and tangle-nets with mesh size equal to or less than 220 mm.;
(b) Table I Table I is replaced by the following: Gear point 2 Denomination Only the gear groupings as defined in point 2 are used Western Channel 2(a) Beam trawls of mesh size ≥ 80 mm 164 2(b) Static nets with mesh size ≤ 220 mm 164;
(10) Annex VII is replaced by the following:
Article 2 Entry into force and applicability
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union. Points 1 to 7 and point 10 of Article 1 shall apply from 1 January 2011. Points 8 and 9 of Article 1 shall apply from 1 February 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 17 June 2011. For the Council The President Matolcsy Gy.
ANNEX
ANNEX IH WCPFC Convention Area
Species Swordfish Xiphias gladius Zone WCPFC Convention Area south of 20° S (SWO/F7120S) EU 3170,36 TAC Not relevant;
Analytical TAC
ANNEX IJ SPRFMO Convention Area
Species Jack mackerel Trachurus murphyi Zone SPRFMO Convention Area (CJM/SPRFMO) Germany 10223,67 The Netherlands 11080,80 Lithuania 7112,63 Poland 12231,90 EU 40649;
ANNEX VII WCPFC CONVENTION AREA Maximum number of EU vessels authorised to fish for swordfish in areas south of 20° S of the WCPFC Convention Area
Spain 14 EU 14.
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- Corrigendum to Council Regulation (EU) No 683/2011 of 17 June 2011 amending Regulation (EU) No 57/2011 as regards fishing opportunities for certain fish stocks (Official Journal of the European Union L 187 of 16 July 2011) Corrigendum · Grade B
On the cover, in the table of contents, and on page 1, in the title: for: Council Regulation (EU) No 683/2011 of 17 June 2011 amending Regulation (EU) No 57/2011 …; read: Council Regulation (EU) No 683/2011 of 20 June 2011 amending Regulation (EU) No 57/2011 ….