
COUNCIL REGULATION (EU) No 732/2014 of 3 July 2014 amending Regulations (EC) No 754/2009 and (EU) No 43/2014 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) The Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand, and the Protocol thereto, provide that the Union is to receive 7,7 % of the total available catch (TAC) for capelin to be fished in Greenland waters of ICES subareas V and XIV.

(2) Council Regulation (EU) No 43/2014 fixed a Union quota of 0 tonnes for 2014 for the stock of capelin in Greenland waters of ICES subareas V and XIV, to be applied until 30 April 2014.

(3) On 16 June 2014 the Union received information from the Greenland authorities that the TAC for capelin, which includes Greenland waters of ICES subareas V and XIV, had been predicted at 450 000 tonnes for the fishing season 2014/2015 with an initial quota of 225 000 tonnes. The relevant Union quota for that fishing season should therefore be fixed.

(4) It is necessary to correct the TAC established for the stock of redfish in international waters of I and II and the TAC established for Greenland halibut in Greenland waters of ICES subareas V and XIV. It is also necessary to correct two TACs for mackerel, in order to include the mutual access arrangements between the Union and the Faroe Islands. Furthermore, the area where Faroese vessels may obtain fishing authorisations for mackerel fishing should be modified accordingly.

(5) At its 8th Regular Session, the Western and Central Pacific Fisheries Commission (WCPFC) adopted a prohibition to retain on board, tranship, store or land oceanic whitetip sharks (Carcharhinus longimanus). At its 9th Regular Session, WCPFC adopted a similar prohibition for silky sharks (Carcharhinus falciformis). Both prohibitions should be implemented in the law of the Union. In accordance with Council Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein should be identified.

(6) The United Kingdom provided information on cod catches by two groups of vessels, both targeting Norway lobster and using a regulated gear of mesh size 80-100 mm. The first group fishes in the Firth of Forth, i.e. ICES statistical sub-rectangles 41E7 and 41E6. The second group fishes in the Firth of Clyde, i.e. ICES statistical rectangles 39E5, 39E4, 40E3, 40E4 and 40E5. The latter group constitutes an enlargement of the existing exclusion in the Firth of Clyde from the cod plan fishing effort regime laid down in Chapter III of Council Regulation (EC) No 1342/2008, in accordance with Council Regulation (EC) No 754/2009. On the basis of the information provided by the United Kingdom, as assessed by the Scientific, Technical and Economic Committee for Fisheries, it can be established that the cod catches, including discards, of the vessels mentioned above did not exceed 1,5 % of the total catches of cod in each of the two groups of vessels during the 2013 management period. Moreover, having regard to the measures in place ensuring the monitoring and control of the fishing activities of those two groups of vessels and considering that the inclusion of those two groups would constitute an administrative burden disproportionate to its overall impact on cod stocks, it is appropriate to exclude both groups of vessels from the application of the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008.

(7) The catch limits and fishing effort limits provided for in Regulation (EU) No 43/2014 apply respectively from 1 January 2014 and 1 February 2014. The provisions of this Regulation concerning catch limits and fishing effort should therefore in principle also apply from those dates. 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. However, the prohibition to fish silky sharks in the WCPFC Convention Area becomes effective on 1 July 2014 and should apply from that date. Similarly, the TAC for capelin in Greenland waters of ICES subareas V and XIV should apply as of the start of the fishing season, i.e. as of 20 June 2014. Since the modification of some catch limits has an influence on the economic activities and the planning of the fishing season of Union vessels, this Regulation should enter into force immediately after its publication.

(8) Regulations (EU) No 43/2014 and (EC) No 754/2009 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:

Amendments to Regulation (EU) No 43/2014
Article 1 
Regulation (EU) No 43/2014 is amended as follows:

((1)) the following Article is inserted:
'
Oceanic whitetip sharks
Article 37a 

1. Retaining on board, transhipping, storing or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) in the WCPFC Convention Area shall be prohibited.
2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.'.
((2)) The following Article is inserted:
'
Silky sharks
Article 37b 

1. Retaining on board, transhipping, storing or landing any part or whole carcass of silky sharks (Carcharhinus falciformis) in the WCPFC Convention Area shall be prohibited.
2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.'.
((3)) Annex IA to Regulation (EU) No 43/2014 is amended in accordance with Annex I to this Regulation.
((4)) Annex IB to Regulation (EU) No 43/2014 is amended in accordance with Annex II to this Regulation.
((5)) Annex IIA to Regulation (EU) No 43/2014 is amended in accordance with Annex III to this Regulation.
((6)) Annex VIII to Regulation (EU) No 43/2014 is replaced by the text appearing in Annex IV to this Regulation.
Amendments to Regulation (EC) No 754/2009
Article 2 
Article 1 of Regulation (EC) No 754/2009 is amended as follows:

((a)) point (d) is replaced by the following:
'
(d) the group of vessels flying the flag of the United Kingdom indicated in the request from the United Kingdom of 18 June 2009 and the subsequent request of 8 April 2014, targeting Norway Lobster using a regulated gear comprising an 80-100 mm mesh trawl in the Firth of Clyde (ICES statistical rectangles 39E5 39E4, 40E3, 40E4 and 40E5);
';
((b)) the following point is added:
'
(m) the group of vessels flying the flag of the United Kingdom indicated in the request from the United Kingdom of 8 April 2014, targeting Norway lobster using a regulated gear comprising an 80-100 mm mesh trawl in the Firth of Forth (ICES statistical rectangles 41E7 and 41E6).
'.
Entry into force
Article 3 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Point (2) of Article 1 shall apply from 1 July 2014.
Points (3) and (6) of Article 1 and point (c) of Annex II shall apply from 1 January 2014.
Point (5) of Article 1 and Article 2 shall apply from 1 February 2014.
Point (a) of Annex II shall apply from 20 June 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 3 July 2014.
For the Council
The President
S. GOZI
ANNEX I

Annex IA to Regulation (EU) No 43/2014 is amended as follows:

((a)) the entry for mackerel in IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32 is replaced by the following:

‘Species: MackerelScomber scombrus Zone: IIIa and IV; Union waters of Iia, IIIb, IIIc and Subdivisions 22-32(MAC/2A34.)
Belgium 768  
Denmark 26 530  
Germany 800  
France 2 417  
The Netherlands 2 434  
Sweden 7 101  
United Kingdom 2 254  
Union 42 304  
Norway 256 936  
TAC Not relevant  
Analytical TAC





Special condition: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 2014 and in December 2014(MAC/*2A6.)
Denmark 0 4 130 0 0 15 918
France 0 490 0 0 0
The Netherlands 0 490 0 0 0
Sweden 0 0 390 10 4 112
United Kingdom 0 490 0 0 0
Norway 3 000 0 0 0 0’
((b)) the entry for mackerel in VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of Iia, XII and XIV is replaced by the following:

‘Species: MackerelScomber scombrus Zone: VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of Iia, XII and XIV(MAC/2CX14-)
Germany 31 490  
Spain 33  
Estonia 262  
France 20 996  
Ireland 104 967  
Latvia 194  
Lithuania 194  
The Netherlands 45 922  
Poland 2 217  
United Kingdom 288 666  
Union 494 941  
Norway 22 179  
Faroe Islands 46 850  
TAC Not relevant  
Analytical TAC





Special condition:within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones and periods:
 Union and Norwegian waters of Iva. During the periods from 1 January to 15 February 2014 and from 1 September to 31 December 2014(MAC/*4A-EN) Norwegian waters of Iia(MAC/*2AN-)
Germany 19 005 2 557
France 12 671 1 703
Ireland 63 351 8 524
The Netherlands 27 715 3 727
United Kingdom 174 223 23 445
Union 296 965 39 956’

ANNEX II

Annex IB to Regulation (EU) No 43/2014 is amended as follows:

((a)) the entry for capelin in Greenland waters of V and XIV is replaced by the following:

‘Species: CapelinMallotus villosus Zone: Greenland waters of V and XIV(CAP/514GRN)
Denmark 29 452  
Germany 1 282  
Sweden 2 114  
United Kingdom 277  
All Member States 1 525  
Union 34 650 (2)  
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 entry for Greenland halibut in Greenland waters of V and XIV is replaced by the following:

‘Species: Greenland halibutReinhardtius hippoglossoides Zone: Greenland waters of V and XIV(GHL/514GRN)
Germany 3 591  
United Kingdom 189  
Union 3 780  
Norway 575  
Faroe Islands 110  
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 entry for redfish in international waters of I and II is replaced by the following:

‘Species: RedfishSebastes spp. Zone: International waters of I and II(RED/1/2INT)
Union Not relevant  
TAC 19 500  
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 III

Appendix 1 of Annex IIA to Regulation (EU) No 43/2014 is amended as follows:

((a)) in table (d), the column concerning the United Kingdom (UK) is replaced by the following:
'
Regulated gear UK
TR1 1 033 273
TR2 2 203 071
TR3 16 027
BT1 117 544
BT2 4 626
GN 213 454
GT 145
LL 630 040'
((b)) in table (b), the column concerning the United Kingdom (UK) is replaced by the following:
'
Regulated gear UK
TR1 6 185 460
TR2 5 037 332
TR3 8 482
BT1 1 739 759
BT2 6 116 437
GN 546 303
GT 14 004
LL 134 880'

ANNEX IV


‘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 20 20
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 21 21
Herring, IIIa 4 4
Industrial fishing for Norway pout, IV, VIa (north of 56° 30′ N) (including unavoidable by-catches of blue whiting) 15 15
Ling and tusk 20 10
Blue whiting, II, 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

