
COUNCIL REGULATION (EU) No 1182/2013 of 19 November 2013 amending Regulations (EC) No 754/2009, (EU) No 1262/2012, (EU) No 39/2013 and (EU) No 40/2013 as regards 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) Council Regulation (EC) No 2371/2002 requires that Union measures governing access to waters and resources and the sustainable pursuit of fishing activities be established taking into account available scientific, technical and economic advice and in particular reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as advice received from Regional Advisory Councils.

(2) By Council Regulation (EC) No 754/2009, the Council excluded certain groups of vessels from the fishing effort regime laid down in Chapter III of Council Regulation (EC) No 1342/2008. The allowable fishing effort for vessels subject to that regime is currently fixed by Annex IIA to Council Regulation (EU) No 39/2013 and Annex IIA to Council Regulation (EU) No 40/2013.

(3) In June 2013, the International Council for the Exploration of the Sea (ICES) published its advice for Northern hake in 2014. In that advice, ICES indicates that the stock’s biomass is at a record high in 2013 and, furthermore, that fishing mortality has decreased sharply in recent years. ICES advised that in 2014, the TAC may be raised by 49 % to 81 846 tonnes. Ireland and Spain requested, in light of this advice, that the TAC in force for this stock be raised in-year from 55 105 tonnes to 69 440 tonnes, to meet the level of landings that ICES estimates as corresponding with the current levels of fishing mortality, which are in turn consistent with maximum sustainable yield. The request is deemed acceptable based on the commitment by the Member States concerned to ensure, through rigorous control of the fishery, that fishing effort and therefore fishing mortality rates remain constant.

(4) A group of vessels flying the flag of Spain and fishing in the West of Scotland is currently excluded from the application of the fishing effort regime laid down in Regulation (EC) No 1342/2008. On the basis of information provided by Spain in 2013, the STECF was not in a position to assess whether the conditions set out in Regulation (EC) No 1342/2008 remained fulfilled in the 2012 management period. It is therefore appropriate to reinclude this group of Spanish vessels in that fishing effort regime. Regulation (EC) No 754/2009 and Annex IIA to Regulation (EU) No 39/2013 should therefore be amended accordingly.

(5) A group of vessels flying the flag of France and fishing in the North Sea is currently excluded from the application of the fishing effort regime laid down in Regulation (EC) No 1342/2008. On the basis of information provided by France in 2013, the STECF assessed that catches for those vessels exceeded the established threshold. It is therefore appropriate to reinclude that group of French vessels in that fishing effort regime. Regulation (EC) No 754/2009 and Annex IIA to Regulation (EU) No 40/2013 should therefore be amended accordingly.

(6) A group of vessels flying the flag of the United Kingdom and targeting queen scallops (Aequipecten opercularis) around the Isle of Man in the Irish Sea is currently excluded from the application of the effort regime laid down Regulation (EC) No 1342/2008. However, due to a mathematical error, the effort ceilings in Annex IIA to Regulation (EU) No 39/2013 do not reflect this exclusion. Regulation (EU) No 39/2013 should therefore be corrected accordingly.

(7) Council Regulation (EU) No 1262/2012 fixes catch limits for 2013 and 2014 as regards a list of deep-sea sharks. The Commission requested ICES to give it advice on whether it is appropriate to revise that list. ICES concluded that there is sufficient scientific information supporting the exclusion of blackmouth catshark (Galeus melastomus) and the inclusion of all species of the genus Centrophorus (Centrophorus spp.) on the list of deep-sea sharks. Regulation (EU) No 1262/2012 should therefore be amended accordingly.

(8) In accordance with the outcome of consultations between coastal states on the management of mackerel, blue whiting, Atlanto-Scandian herring and North Sea haddock, the Union may authorise fishing by Union vessels of up to 10 % beyond the quota available to the Union, provided that any quantities used beyond the quota available to the Union would be deducted from its quota for 2014. Similarly, the Union may use in 2014 any unused quantities up to 10 % of the quota available to it in 2013. It is appropriate to enable such flexibility in the fixing of those fishing opportunities in order to ensure a level-playing field for Union vessels by allowing the Member States concerned to opt for the use of a flexibility quota. Where a Member State has not opted for the use of the flexibility quota in respect of a particular stock, it is appropriate that Articles 3 and 4 of Regulation (EC) No 847/96 continue to apply in accordance with Article 10(2) of Regulation (EU) No 40/2013.

(9) At its Annual Meeting in 2013, the Indian Ocean Tuna Commission (IOTC) adopted a Resolution aiming at the protection of oceanic whitetip sharks and applicable to fishing vessels on the IOTC Record of Authorised Vessels by prohibiting, as an interim pilot measure, to retain on board, tranship, land or store any part or whole carcass of oceanic whitetip shark. The resolution provides for an exception for artisanal fisheries, namely fishing vessels engaged in fishing operations within the Exclusive Economic Zone (EEZ) of the Member State whose flag they fly. Regulation (EU) No 40/2013 should therefore be amended accordingly.

(10) At its Annual Meeting in 2010, the Western and Central Pacific Fisheries Commission (WCPFC) adopted a recommendation limiting the number of vessels actively fishing for south Pacific albacore in the Convention Area south of 20° S. Consequently, it should be ensured that Union vessels continue to operate without targeting that species in the WCPFC Convention Area south of 20° S. Regulation (EU) No 40/2013 should therefore be amended accordingly.

(11) Fishing opportunities for Union vessels in Norwegian waters and for Norwegian vessels in Union waters are established each year in the light of consultations on fishing rights held in accordance with the bilateral agreement on fisheries with Norway. Pending the conclusion of those consultations on the arrangements for 2013, Regulation (EU) No 40/2013 fixed provisional fishing opportunities for the stocks concerned. On 18 January 2013, the consultations with Norway were concluded, and Council Regulation (EU) No 297/2013 amended the relevant provisions of Regulation (EU) No 40/2013. However, the stock of tusk in Norwegian waters of IV was erroneously excluded from Regulation (EU) No 297/2013. Furthermore, the amount of blue whiting that Norway can fish in Union waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° W did not reflect the agreed record after consultations with that country. Annex IA to Regulation (EU) No 40/2013 should therefore be amended accordingly.

(12) An error was identified in the number of vessels and the capacity allocated to the Union and authorised to fish for swordfish and albacore in the IOTC Convention Area. Annex VI to Regulation (EU) No 40/2013 should therefore be corrected accordingly.

(13) Pursuant to the 2012 Act of Accession and Croatia’s accession on 1 July 2013, provisions on the allocation of fishing opportunities allocated at Union level to Croatia in 2013 should be included in the relevant Union instruments. The figures concerning the Croatian bluefin tuna fishing and farming capacities added by this Regulation reflect the provisions of the International Commission for the Conservation of Atlantic Tunas (ICCAT) bluefin tuna recovery plan for Croatia until 2013. Furthermore, in accordance with Article 5 of Council Regulation (EC) No 302/2009, each Member State is to ensure that its fishing capacity is commensurate with its quota.

(14) The provisions of this Regulation concerning fishing effort limits should apply from 1 February 2013. The provisions concerning catch limits and allocations should apply from 1 January 2013, except for the new provisions regarding WCPFC and IOTC, which should apply from the date of entry into force of this Regulation. The provisions included as a result of the accession of Croatia to the European Union should apply from the date of that accession. Such retroactive application will be without prejudice to the principle of legal certainty as the fishing opportunities concerned have not yet been exhausted. Since modifications of effort regimes have a direct influence on the economic activities of the fleets concerned, this Regulation should enter into force immediately upon its publication,
HAS ADOPTED THIS REGULATION:

Amendments to Regulation (EC) No 754/2009
Article 1 
In Article 1 of Regulation (EC) No 754/2009, points (b) and (j) are deleted.
Amendments to Regulation (EU) No 1262/2012
Article 2 
The Annex to Council Regulation (EU) No 1262/2012 is amended in accordance with the text set out in Annex I to this Regulation.
Amendments to Regulation (EU) No 39/2013
Article 3 

1. Annex I to Regulation (EU) No 39/2013 is amended in accordance with the text set out in Annex II to this Regulation.
2. Annex IIA to Regulation (EU) No 39/2013 is amended in accordance with the text set out in Annex III to this Regulation.
Amendments to Regulation (EU) No 40/2013
Article 4 
Regulation (EU) No 40/2013 is amended as follows:

((1)) the following Article is inserted:
'
Flexibility in the fixing of fishing opportunities of certain stocks
Article 6a 

1. This Article shall apply to the following stocks:
(a) haddock in zone IV, EU waters of IIa;
(b) blue whiting in EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV;
(c) mackerel in zones IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId;
(d) mackerel in areas VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV;
(e) mackerel in zones VIIIc, IX and X; EU waters of CECAF 34.1.1;
(f) mackerel in Norwegian waters of IIa and IVa;
(g) herring in EU, Norwegian and international waters of I and II.
2. For any of the stocks identified in paragraph 1, a Member State may opt to increase its initial set in Annex I quota by up to 10 %. The Member State concerned shall notify its decision to the Commission in writing. Upon such notification, the increased quota shall be considered as the quota allocated to that Member State for 2013.
3. Any quantities used in 2013 under such increased quota, that exceed the initial quota, shall be deducted on a tonne-for-tonne basis for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2014.
4. Any quantities not used under the initial quota up to 10 % of that quota shall be added for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2014.
5. Any quantities transferred to other Member States pursuant to Article 20(5) of Regulation (EC) No 2371/2002 as well as any quantities deducted pursuant to Articles 37, 105 and 107 of Regulation (EC) No 1224/2009 shall be taken into account for the purpose of establishing quantities used and quantities not used under paragraphs 3 and 4 of this Article.
6. Where a Member States has used the option in paragraph 2 of this Article in respect of a particular stock, Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply to such stock in respect of that Member State.';
((2)) in Article 10(2), the words ‘Annex I to’ are deleted;
((3)) Article 23 is replaced by the following:
'
Sharks
Article 23 

1. Retaining on board, transshipping or landing any part or whole carcass of thresher sharks of all the species of the family Alopiidae in any fishery shall be prohibited.
2. Retaining on board, transshipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) in any fishery shall be prohibited, except for vessels under 24 metres overall length engaged solely in fishing operations within the Exclusive Economic Zone of the Member State whose flag they fly, and provided that their catch is destined solely for local consumption.
3. When accidentally caught, species referred to in paragraph 1 and 2 shall not be harmed. Specimens shall be promptly released.';
((4)) Article 29 is replaced by the following:
'
Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore fisheries
Article 29 

1. Member States shall ensure that the number of fishing days allocated to purse-seine vessels fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis) in the part of the WCPFC Convention Area in the high seas and located between 20° N and 20° S does not increase.
2. EU vessels shall not target south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area south of 20° S.'.
((5)) Annex IA is amended in accordance with the text set out in Annex IV to this Regulation.
((6)) Annex ID is amended in accordance with the text set out in Annex V to this Regulation.
((7)) Annex IIA is amended in accordance with the text set out in Annex VI to this Regulation.
((8)) Annex IV is amended in accordance with the text set out in Annex VII to this Regulation.
((9)) Annex VI is amended in accordance with the text set out in Annex VIII to this Regulation.
Entry into force
Article 5 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
However, Articles 3(1), 4(1), 4(2), 4(5) and 4(9) shall apply from 1 January 2013. Article 1 and Articles 3(2) and 4(7) shall apply from 1 February 2013 and Article 4(6) and (8) shall apply from 1 July 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 19 November 2013.
For the Council
The President
L. LINKEVIČIUS
ANNEX I

In Part 1 of the Annex to Regulation (EU) No 1262/2012, point 2 is replaced by the following:
'
2. For the purposes of this Regulation, “deep-sea sharks” means the following list of species: 

Common name Alpha-3 code Scientific name
Deep-water catsharks API Apristurus spp.
Frilled shark HXC Chlamydoselachus anguineus
Gulper sharks CWO Centrophorus spp.
Portuguese dogfish CYO Centroscymnus coelolepis
Longnose velvet dogfish CYP Centroscymnus crepidater
Black dogfish CFB Centroscyllium fabricii
Birdbeak dogfish DCA Deania calcea
Kitefin shark SCK Dalatias licha
Greater lanternshark ETR Etmopterus princeps
Velvet belly ETX Etmopterus spinax
Mouse catshark GAM Galeus murinus
Bluntnose six-gilled shark SBL Hexanchus griseus
Sailfin roughshark (Sharpback shark) OXN Oxynotus paradoxus
Knifetooth dogfish SYR Scymnodon ringens
Greenland shark GSK Somniosus microcephalus'

ANNEX II

In Part B of Annex I to Regulation (EU) No 39/2013, the four entries for the Northern component of the stock of hake are replaced by the following:

‘SpeciesHakeMerluccius merluccius ZoneIIIa; EU waters of Subdivisions 22-32(HKE/3A/BCD)
Denmark 1 929 
Analytical TAC

Sweden 164
Union 2 093
TAC 2 093


SpeciesHakeMerluccius merluccius ZoneEU waters of IIa and IV(HKE/2AC4-C)
Belgium 35 
Analytical TAC

Denmark 1 409
Germany 162
France 312
Netherlands 81
United Kingdom 439
Union 2 438
TAC 2 438

SpeciesHakeMerluccius merluccius ZoneVI and VII; EU and international waters of Vb;international waters of XII and XIV(HKE/571214)
Belgium 358 
Analytical TAC
Article 11 of this Regulation applies

Spain 11 478
France 17 726
Ireland 2 148
Netherlands 231
United Kingdom 6 998
Union 38 939
TAC 38 939



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)
Belgium 46
Spain 1 852
France 1 852
Ireland 231
Netherlands 23
United Kingdom 1 042
Union 5 046
SpeciesHakeMerluccius merluccius ZoneVIIIa, VIIIb, VIIId and VIIIe(HKE/8ABDE.)
Belgium 12 
Analytical TAC

Spain 7 991
France 17 944
Netherlands 23
Union 25 970
TAC 25 970


Special condition:within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:
 VI and VII; EU and international waters of Vb; international waters of XII and XIV (HKE/*57-14)
Belgium 2
Spain 2 315
France 4 166
Netherlands 7
Union 6 490’

ANNEX III

Annex IIA to Regulation (EU) No 39/2013 is amended as follows:

((a)) the column for the United Kingdom (UK) in Table (c) of Appendix 1 is replaced by the following:
'
Regulated gear UK
TR1 339 592
TR2 1 086 399
TR3 0
BT1 0
BT2 111 693
GN 5 970
GT 158
LL 70 614'
((b)) the column for Spain (ES) in Table (d) of Appendix 1 is replaced by the following:
'
Regulated gear ES
TR1 249 152
TR2 0
TR3 0
BT1 0
BT2 0
GN 13 836
GT 0
LL 1 402 142'

ANNEX IV

Annex IA to Regulation (EU) No 40/2013 is amended as follows:

((a)) the entry for tusk in Norwegian waters of IV is replaced by the following:
'
SpeciesTuskBrosme brosme ZoneNorwegian waters of IV(USK/04-N.)
Belgium 0 
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.

Denmark 165
Germany 1
France 0
Netherlands 0
United Kingdom 4
Union 170
TAC Not relevant'
((b)) the entry for blue whiting in EU waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° W is replaced by the following:

‘SpeciesBlue whitingMicromesistius poutassou ZoneEU waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° W(WHB/24A567)
Norway 99 408 
Analytical TAC

TAC 643 000



ANNEX V

In Annex ID to Regulation (EU) No 40/2013, the entry for Bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean is replaced by the following:

‘SpeciesBluefin tunaThunnus thynnus ZoneAtlantic Ocean, east of 45° W,and Mediterranean(BFT/AE45WM)
Cyprus 69,44 
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.

Greece 129,07
Spain 2 504,45
France 2 471,23
Italy 1 950,42
Croatia 390,59
Malta 160,02
Portugal 235,5
Other Member States 27,93
Union 7 938,65
TAC 13 400








ANNEX VI

In Annex IIA to Regulation (EU) No 40/2013, the column for France (FR) in Appendix 1 is replaced by the following:
'
Regulated gear FR
TR1 1 505 354
TR2 6 496 811
TR3 101 316
BT1 0
BT2 1 202 818
GN 342 579
GT 4 338 315
LL 125 141'

ANNEX VII

Annex IV to Regulation (EU) No 40/2013 is replaced by the following:

ANNEX IV ICCAT CONVENTION AREA 
 1. Maximum number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic 

Spain 60
France 8
Union 68 2. Maximum number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean 

Spain 119
France 87
Italy 30
Cyprus 7
Malta 28
Union 316 3. Maximum number of EU vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposes: 

Croatia 9
Italy 12
Union 21 4. Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean 


Table A
Number of fishing vessels
 Cyprus Croatia Greece Italy France Spain Malta
Purse Seiners 1 9 1 12 17 6 1
Longliners 4 0 0 30 8 12 20
Baitboat 0 0 0 0 8 60 0
Handline 0 12 0 0 29 2 0
Trawler 0 0 0 0 57 0 0
Other artisanal 0 0 16 0 87 32 0



Table B
Total capacity in gross tonnage
 Cyprus Croatia Greece Italy France Spain Malta
Purse Seiners To be established To be established To be established To be established To be established To be established To be established
Longliners To be established To be established To be established To be established To be established To be established To be established
Baitboats To be established To be established To be established To be established To be established To be established To be established
Handlines To be established To be established To be established To be established To be established To be established To be established
Trawlers To be established To be established To be established To be established To be established To be established To be established
Other artisanal To be established To be established To be established To be established To be established To be established To be established 5. Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State 

 Number of traps
Spain 5
Italy 6
Portugal 1
 6. Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean 


Table A
Maximum tuna farming capacity and fattening capacity
 Number of farms Capacity (in tonnes)
Spain 17 11 852
Italy 15 13 000
Greece 2 2 100
Cyprus 3 3 000
Croatia 7 7 880
Malta 8 12 300

Table B
Maximum input of wild caught bluefin tuna (in tonnes)
Spain 5 855
Italy 3 000
Greece 785
Cyprus 2 195
Croatia 2 947
Malta 8 768

ANNEX VIII

In Annex VI to Regulation (EU) No 40/2013, point 2 is replaced by the following:
'
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'
