Council Regulation (EU) 2016/458 of 30 March 2016 amending Regulation (EU) 2016/72 as regards certain fishing opportunities
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Address https://gelex.eu/eli/EU/regulation/2016/458@2016-03-30/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) 2016/72 fixes for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain non-Union waters.
(2) Regulation (EU) 2016/72 fixes the total allowable catch (TAC) for sandeel at zero. Sandeel is a short-lived species and scientific advice only became available on 22 February, while the fishery starts in April. The catch limits for this species should now be amended in line with the scientific advice from the International Council for the Exploration of the Sea (ICES). According to ICES, real-time monitoring is scientifically suitable for establishing the abundance of sandeel in management area 1, and results could be used to re-evaluate that scientific advice and to set an in-year TAC. However, that requires sufficient data (catches and biological sampling). The catch limit for sandeel in management area 1 should thus be set at a level allowing the collection of sufficient data on stock abundance.
(3) According to the scientific advice from ICES, catches of small-eyed ray within ICES divisions VIId and VIIe-k and of blonde ray within ICES subarea IV should be reduced. As a consequence, local management measures limiting catches and providing better scientific information should be developed. ICES advised that in divisions VIIf and VIIg catches of small-eyed ray should be limited to no more than 188 tonnes. Therefore, it is appropriate to modify the corresponding fishing opportunities tables to allow for such catches and landings and to adapt the reporting provisions accordingly.
(4) According to the scientific advice from ICES, the total catches for horse mackerel and associated by-catches in Union waters of ICES divisions IIa and IVa, subarea VI, divisions VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe, Union and international waters of Vb and international waters of subareas XII and XIV should be fixed at 108868 tonnes. Therefore, it is appropriate to correct the initial TAC in the fishing opportunities table in order to allow for an increased level of catches corresponding to the scientific advice from ICES.
(5) Annex IB to Regulation (EU) 2016/72 provides that the fishing opportunities table for by-catches in Greenland waters should be corrected to allow for proper reporting of those by-catches.
(6) In the light of consultations with Norway, it is appropriate to allocate 25000 tonnes of blue whiting to Norway in exchange for Arctic cod and haddock, ling and some other species.
(7) The quota allocations for cod in ICES subarea I and division IIb established in Annex IB to Regulation (EU) 2016/72 should be corrected to respect the quota distribution set out in Council Decision 87/277/EEC.
(8) A reporting code needs to be included in Annex IF to Regulation (EU) 2016/72 for by-catches of orange roughy in SEAFO Sub-Division B1.
(9) At its fourth annual meeting in 2016, the South Pacific Regional Fisheries Management Organisation (SPRFMO) fixed a TAC for jack mackerel. That measure should be implemented in the Union law.
(10) An error should be corrected in Appendix I to Annex IIa to Regulation (EU) 2016/72 regarding the maximum allowable fishing effort in kilowatt days for the Netherlands in the North Sea for the regulated gear BT1.
(11) The number of fishing authorisations to be granted to Venezuela for vessels fishing for snappers in French Guiana waters and the maximum number of vessels that may be present at any time need to be established in Annex VIII to Regulation (EU) 2016/72.
(12) The catch limits provided for in Regulation (EU) 2016/72 apply from 1 January 2016. 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 have not yet been exhausted.
(13) Regulation (EU) 2016/72 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
In Regulation (EU) 2016/72, the Annexes IA, IB, IF, IJ and VIII are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It applies from 1 January 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 March 2016. For the Council The President A.G. Koenders
ANNEX
ANNEX 1.2.3.4.5.6.
Annex IA to Regulation (EU) 2016/72 is amended as follows: Annex IB to Regulation (EU) 2016/72 is amended as follows: In Annex IF to Regulation (EU) 2016/72, the fishing opportunities table for orange roughy in SEAFO Sub-Division B1 is replaced by the following table: Species: Orange roughy Hoplostethus atlanticus Zone: SEAFO Sub-Division B1 (ORY/F47NAM) TAC 0 Precautionary TAC In Annex IJ to Regulation (EU) 2016/72, the fishing opportunities table for jack mackerel in the SPRFMO Convention Area is replaced by the following table: Species: Jack mackerel Trachurus murphyi Zone: SPRFMO Convention Area (CJM/SPRFMO) Germany 7067,15 Netherlands 7660,06 Lithuania 4917,5 Poland 8455,29 Union 28100 TAC Not relevant In point (b) of Appendix 1 to Annex IIA to Regulation (EU) 2016/72, the maximum allowable fishing effort in kilowatt days for the Netherlands for regulated gear BT1 is replaced by 999808. Annex VIII to Regulation (EU) 2016/72 is replaced by the following:
ANNEX 1.
(a) the fishing opportunities table for sandeel in Union waters of IIa, IIIa and IV is replaced by the following table: 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 IID: Zone: Union 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 12263 4717 59428 5659 0 206 0 United Kingdom 268 103 1299 124 0 5 0 Germany 19 7 91 9 0 0 0 Sweden 450 173 2182 208 0 8 0 Union 13000 5000 63000 6000 0 219 0 Total 13000 5000 63000 6000 0 219 0; Species: Sandeel Ammodytes spp. Zone: Union waters of IIa, IIIa and IV Denmark 82273 United Kingdom 1799 Germany 126 Sweden 3021 Union 87219 TAC 87219
Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply
(b) the fishing opportunities table for blue whiting in Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV is replaced by the following table: Species: Blue whiting Micromesistius poutassou Zone: Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV (WHB/1X14) Denmark 31704 Germany 12327 Spain 26878 France 22063 Ireland 24550 Netherlands 38659 Portugal 2497 Sweden 7842 United Kingdom 41137 Union 207657 Norway 75000 Faroe Islands 9000 TAC Not relevant Analytical TAC
(c) the fishing opportunities table for ling in Norwegian waters of IV is replaced by the following table: Species: Ling Molva molva Zone: Norwegian waters of IV (LIN/04-N.) Belgium 9 Denmark 1164 Germany 33 France 13 Netherlands 2 United Kingdom 104 Union 1325 TAC Not relevant
Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply;
(d) the fishing opportunities table for other species in Norwegian waters of IV is replaced by the following table: Species: Other species Zone: Norwegian waters of IV (OTH/04-N.) Belgium 46 Denmark 4250 Germany 479 France 197 Netherlands 340 Sweden Not relevant United Kingdom 3188 Union 8500 TAC Not relevant Precautionary TAC
(e) the fishing opportunities table for skates and rays in Union waters of IIa and IV is replaced by the following table: Species: Skates and rays Rajiformes Zone: Union waters of IIa and IV (SRX/2AC4-C) Belgium 221 Denmark 9 Germany 11 France 35 Netherlands 188 United Kingdom 849 Union 1313 TAC 1313 Precautionary TAC
(f) the fishing opportunities table for skates and rays in Union waters of VIa, VIb, VIIa-c and VIIe-k is replaced by the following table: Species: Skates and rays Rajiformes Zone: Union waters of VIa, VIb, VIIa-c and VIIe-k (SRX/67AKXD) Belgium 725 Estonia 4 France 3255 Germany 10 Ireland 1048 Lithuania 17 Netherlands 3 Portugal 18 Spain 876 United Kingdom 2076 Union 8032 TAC 8032
Precautionary TAC Article 12(1) of this Regulation applies
(g) the fishing opportunities table for skates and rays in Union waters of VIId is replaced by the following table: Species: Skates and rays Rajiformes Zone: Union waters of VIId (SRX/07D.) Belgium 87 France 729 Netherlands 5 United Kingdom 145 Union 966 TAC 966 Precautionary TAC
(h) the fishing opportunities table for horse mackerel and associated by-catches in Union waters of IIa, IVa, VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV is replaced by the following table: Species: Horse mackerel and associated by-catches Trachurus spp. Zone: Union waters of IIa, IVa, VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV (JAX/2A-14) Denmark 10629 Germany 8294 Spain 11312 France 4269 Ireland 27621 Netherlands 33276 Portugal 1090 Sweden 675 United Kingdom 10002 Union 107168 Faroe Islands 1700 TAC 108868 Analytical TAC
ANNEX 1.2.
(a) the fishing opportunities table for cod in Norwegian waters of I and II is replaced by the following table: Species: Cod Gadus morhua Zone: Norwegian waters of I and II (COD/1N2AB.) Germany 2405 Greece 298 Spain 2682 Ireland 298 France 2207 Portugal 2682 United Kingdom 9328 Union 19900 TAC Not relevant
Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply;
(b) the fishing opportunities table for cod in I and IIb is replaced by the following table: Species: Cod Gadus morhua Zone: I and IIb (COD/1/2B.) Germany 6593 Spain 13192 France 3122 Poland 2728 Portugal 2643 United Kingdom 4403 Other Member States 495 Union 33176 TAC Not relevant
Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply
(c) the fishing opportunities table for haddock in Norwegian waters of I and II is replaced by the following table: Species: Haddock Melanogrammus aeglefinus Zone: Norwegian waters of I and II (HAD/1N2AB.) Germany 267 France 160 United Kingdom 820 Union 1247 TAC Not relevant
Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply;
(d) the fishing opportunities table for other species (by-catch) in Greenland waters is replaced by the following table: Species: By-catches Zone: Greenland waters (B-C/GRL) Union 1126 TAC Not relevant
Precautionary TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply
Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply.
ANNEX VIII QUANTITATIVE LIMITATIONS OF FISHING AUTHORISATIONS FOR THIRD-COUNTRY VESSELS FISHING IN UNION WATERS
Flag State Fishery Number of fishing authorisations Maximum number of vessels present at any time Norway Herring, north of 62° 00′ N To be established To be established Faroe Islands Mackerel, VIa (north of 56° 30′ N), IIa, IVa (north of 59° N) Horse mackerel, IV, VIa (north of 56° 30′ N), VIIe, VIIf, VIIh 14 14 Herring, north of 62° 00′ N 20 To be established Herring, IIIa 4 4 Industrial fishing for Norway pout, IV, VIa (north of 56° 30′ N) (including unavoidable by-catches of blue whiting) 14 14 Ling and tusk 20 10 Blue whiting, II, IVa, V, VIa (north of 56° 30′ N), VIb, VII (west of 12° 00′ W) 20 20 Blue ling 16 16 Venezuela Snappers (French Guiana waters) 45 45
Versions
Cited by
- Council Regulation (EU) 2016/891 of 6 June 2016 amending Regulation (EU) 2016/72 as regards certain fishing opportunities Regulation · Grade B
Pursuant to Regulation (EU) 2016/72, as amended by Council Regulation (EU) 2016/458, the total allowable catch (TAC) for sandeel in the Union waters of ICES divisions IIa, IIIa and ICES subarea IV is set at 87219 tonnes, whilst the catch limit for sandeel in management area 1 is set at 13000 tonnes in order to allow Denmark to conduct a real-time monitoring exercise to get a better indication of the actual stock size, based on ICES special request advice.
- Council Regulation (EU) 2016/891 of 6 June 2016 amending Regulation (EU) 2016/72 as regards certain fishing opportunities Regulation · Grade B
In those circumstances, the TAC should be decreased by 8000 tons. Based on a commitment made by Denmark prior to the adoption of Regulation (EU) 2016/458, that reduction should be operated in respect of Denmark's subquota in management area 3. That reduction constitutes an ad hoc solution in view of the unexpected substantive decrease in the fishing opportunities for sandeel indicated in the ICES scientific advice and in view of specific commitments made by the Member State concerned. It is without prejudice to the relative stability key and will not set a precedent for future cases.
- Action brought on 8 April 2016 — Acerga v Council (Case T-153/16) Notice · Grade B
annul Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks and Council Regulation (EU) 2016/458 of 30 March 2016 amending Regulation (EU) 2016/72 as regards certain fishing opportunities;