23.1.2016   

EN

Official Journal of the European Union

L 16/1

(1)

Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on the fixing and allocation of fishing opportunities.

(2)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF) and other advisory bodies, as well as in the light of any advice received from Advisory Councils.

(3)

It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities by fishery or group of fisheries in the Black Sea, including certain conditions functionally linked thereto, as appropriate. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities should be fixed in accordance with the objectives of the common fisheries policy established in Article 2(2) of that Regulation. In accordance with Article 16(1) of that Regulation, fishing opportunities should be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each stock or fishery.

(4)

The total allowable catches (TACs) should therefore be established, in line with Regulation (EU) 1380/2013, on the basis of the available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders.

(5)

The use of fishing opportunities set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (2) and in particular to Articles 33 and 34 thereof concerning the recording of catches and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by the Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.

(6)

In accordance with Article 2 of Council Regulation (EC) No 847/96 (3), when fixing the TACs, the Council is to decide to which stocks Articles 3 and 4 do not apply, in particular on the basis of the biological status of the stocks.

(7)

In order to avoid interruption of fishing activities and to ensure the livelihood of Union fishermen, this Regulation should apply from 1 January 2016. For reasons of urgency, this Regulation should enter into force immediately after its publication,

(a)

Turbot (Psetta maxima);

(b)

Sprat (Sprattus sprattus).

(a)

‘Black Sea’ means the geographical sub-area 29 as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (4);

(b)

‘fishing vessel’ means any vessel equipped for commercial exploitation of marine biological resources;

(c)

‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(d)

‘total allowable catch’ (TAC) means:

(e)

‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country.

(a)

exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;

(b)

deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;

(c)

additional landings allowed in accordance with Article 15(9) of Regulation (EU) No 1380/2013;

(d)

quantities withheld in accordance with Article 15(9) of Regulation (EU) No 1380/2013;

(e)

deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.