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Document 32011R0683
Council Regulation (EU) No 683/2011 of 17 June 2011 amending Regulation (EU) No 57/2011 as regards fishing opportunities for certain fish stocks
Council Regulation (EU) No 683/2011 of 17 June 2011 amending Regulation (EU) No 57/2011 as regards fishing opportunities for certain fish stocks
Council Regulation (EU) No 683/2011 of 17 June 2011 amending Regulation (EU) No 57/2011 as regards fishing opportunities for certain fish stocks
IO L 187, 16.7.2011, p. 1–19
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
16.7.2011 |
EN |
Official Journal of the European Union |
L 187/1 |
COUNCIL REGULATION (EU) No 683/2011
of 17 June 2011
amending Regulation (EU) No 57/2011 as regards fishing opportunities for certain fish stocks
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 (1) 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 (2). 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 Subject matter This Regulation fixes the following fishing opportunities:
|
(2) |
Annex IA is amended as follows:
|
(3) |
Annex IB is amended as follows:
|
(4) |
in Annex IC, the entry for northern prawn in zone NAFO 3L is replaced by the following:
|
(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:
|
(6) |
Annex IH is replaced by the following: ‘ANNEX IH WCPFC Convention Area
|
(7) |
Annex IJ is replaced by the following: ‘ANNEX IJ SPRFMO Convention Area
|
(8) |
Annex IIB is amended as follows:
|
(9) |
Annex IIC is amended as follows:
|
(10) |
Annex VII is replaced by the following: ‘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
|
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.
(2) OJ L 122, 11.5.2007, p. 7.
(3) Excluding waters within six miles of UK baselines at Shetland, Fair Isle and Foula.
(4) At least 98 % of landings counted against the TAC must be of sandeel. By-catches of dab, mackerel and whiting are to be counted against the remaining 2 % of the TAC
(5) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.
(6) Up to 50 % of this amount may be fished in EU waters of IV.’;
(7) 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.’;
(8) Of which up to 68 % may be fished in the Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1).
(9) Transfers of this quota may be effected to VIIIc, IX and X; EU waters of CECAF 34.1.1. Such transfers must be notified in advance to the Commission.’;
(10) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(11) To be fished in EU waters of IIa, IV, Vb, VI and VII.
(12) Special rules apply in accordance with Article 1 of Regulation (EC) No 1288/2009 (*1) and point 7 of Annex III to Regulation (EC) No 43/2009 (*2).
(*1) Council Regulation (EC) No 1288/2009 of 27 November 2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011 (OJ L 347, 24.12.2009, p. 6).
(*2) Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ L 22, 26.1.2009, p. 1).’;
(13) 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.
(14) 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.’;
(15) Of which no more than the following quotas may be taken in VII (Porcupine Bank – Unit 16) (NEP/*07U16):
Spain |
377 |
France |
241 |
Ireland |
454 |
United Kingdom |
188 |
EU |
1 260 ’; |
(16) Including 242 tonnes to be taken in Norwegian waters south of 62°N (MAC/*04N-).
(17) When fishing in Norwegian waters, by-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quotas for these species.
(18) May also be taken in Norwegian waters of IVa.
(19) To be deducted from Norway’s share of the TAC (access quota). This amount includes Norway’s share in the North Sea TAC of the amount of 47 197 tonnes. This quota may be fished in IVa only, except for 3 000 tonnes that may be fished in IIIa.
(20) Includes 323 tonnes of quota transferred from unused 2010 fishing opportunities.
(21) Includes 183 tonnes of quota transferred from unused 2010 fishing opportunities.’;
(22) May be fished in IIa, VIa north of 56° 30’ N, IVa, VIId, VIIe, VIIf and VIIh.
(23) An additional 33 804 tonnes of access quota may be fished by Norway north of 56° 30’ N and counted against its catch limit.
(24) Includes 674 tonnes of quota omitted from the 2010 fishing opportunities.
(25) 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.
(26) Catches taken in IVa (MAC/*4A.) and in IIa (MAC/*02A.) to be reported separately.
(27) Includes 272 tonnes of quota transferred from unused 2010 fishing opportunities.’;
(28) Including sandeel.
(29) May only be fished in EU waters of IV.
(30) Preliminary TAC. The final TAC will be established in the light of new scientific advice during the first half of 2011.
(31) At least 98 % of landings counted against the TAC must be of sprat. By-catches of dab and whiting are to be counted against the remaining 2 % of the TAC.’;
(32) Up to 5 % of this quota fished in EU waters of IIa or IVa before 30 June 2011 may be accounted for as fished under the quota concerning EU waters of IVb, IVc and VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*4BC7D).
(33) 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).
(34) 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.’;
(35) TAC agreed by the Union, Faroe Islands, Norway and Iceland.’;
(36) Of which 3 100 tonnes are allocated to Norway.’;
(37) Of which 800 tonnes are allocated to Norway to be fished in NAFO 1 only.’;
(38) Of which 824 tonnes are allocated to Norway.’;
(39) May not be fished from 1 January to 9 May 2011.
(40) May only be taken within the area bounded by the lines joining the following coordinates:
Point No |
Latitude N |
Longitude W |
1 |
64° 45’ |
28° 30’ |
2 |
62° 50’ |
25° 45’ |
3 |
61° 55’ |
26° 45’ |
4 |
61° 00’ |
26° 30’ |
5 |
59° 00’ |
30° 00’ |
6 |
59° 00’ |
34° 00’ |
7 |
61° 30’ |
34° 00’ |
8 |
62° 50’ |
36° 00’ |
9 |
64° 45’ |
28° 30’ |
(41) May not be fished from 1 January to 9 May 2011.’;
(42) May only be fished by pelagic trawl. May be fished East or West.
(43) The quota may be fished in the NEAFC Regulatory Area on the condition that reporting conditions established by Greenland are fulfilled (RED/*51214). When fished in the NEAFC Regulatory Area, redfish may only be taken as of 10 May 2011 as deep pelagic redfish, and only within the area bounded by the lines joining the following coordinates (RED/*5-14).
Point No |
Latitude N |
Longitude W |
1 |
64° 45’ |
28° 30’ |
2 |
62° 50’ |
25° 45’ |
3 |
61° 55’ |
26° 45’ |
4 |
61° 00’ |
26° 30’ |
5 |
59° 00’ |
30° 00’ |
6 |
59° 00’ |
34° 00’ |
7 |
61° 30’ |
34° 00’ |
8 |
62° 50’ |
36° 00’ |
9 |
64° 45’ |
28° 30’ ’; |
(44) Excluding fish species of no commercial value.’;
(45) Not including the box bounded by the following coordinates:
Point No |
Latitude N |
Longitude W |
1 |
47° 20’ 0 |
46° 40’ 0 |
2 |
47° 20’ 0 |
46° 30’ 0 |
3 |
46° 00’ 0 |
46° 30’ 0 |
4 |
46° 00’ 0 |
46° 40’ 0 |
(46) Except Estonia, Latvia, Lithuania and Poland.’;
(47) Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch.
(48) Within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna between 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 1 of Annex IV (BFT/*8301):
Spain |
350,51 |
France |
158,14 |
EU |
508,65 |
(49) Within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna weighing no less than 6,4 kg or measuring no less than 70 cm by the vessels referred to in point 1 of Annex IV (BFT/*641):
France |
45 (*3) |
EU |
45 |
(*3) This quantity may be revised by the Commission upon request from France, up to an amount of 100 tonnes as indicated by ICCAT Recommendation 08-05.
(50) Within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna between and 8 kg and 30 kg by the vessels referred to in point 2 of Annex IV (BFT/*8302):
Spain |
48,22 |
France |
47,57 |
Italy |
37,55 |
Cyprus |
1,34 |
Malta |
3,08 |
EU |
137,77 |
(51) Within this TAC, the following catch limit and allocation between Member States shall apply to catches of bluefin tuna between and 8 kg and 30 kg by the vessels referred to in point 3 of Annex IV (BFT/*643):
Italy |
37,55 |
EU |
37,55 ’; |