
COUNCIL REGULATION (EU) 2016/458 of 30 March 2016 amending Regulation (EU) 2016/72 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 (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 108 868 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 25 000 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
1. Annex IA to Regulation (EU) 2016/72 is amended as follows: 


((a)) the fishing opportunities table for sandeel in Union waters of IIa, IIIa and IV is replaced by the following table:

‘Species: SandeelAmmodytes spp. Zone: Union waters of IIa, IIIa and IV
Denmark 82 273  
United Kingdom 1 799  
Germany 126  
Sweden 3 021  
Union 87 219  
TAC 87 219  
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply



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 12 263 4 717 59 428 5 659 0 206 0
United Kingdom 268 103 1 299 124 0 5 0
Germany 19 7 91 9 0 0 0
Sweden 450 173 2 182 208 0 8 0
Union 13 000 5 000 63 000 6 000 0 219 0
Total 13 000 5 000 63 000 6 000 0 219 0’;
((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 whitingMicromesistius poutassou Zone: Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV(WHB/1X14)
Denmark 31 704  
Germany 12 327  
Spain 26 878  
France 22 063  
Ireland 24 550  
Netherlands 38 659  
Portugal 2 497  
Sweden 7 842  
United Kingdom 41 137  
Union 207 657  
Norway 75 000  
Faroe Islands 9 000  
TAC Not relevant  Analytical TAC



((c)) the fishing opportunities table for ling in Norwegian waters of IV is replaced by the following table:
'
Species: LingMolva molva Zone: Norwegian waters of IV(LIN/04-N.)
Belgium 9  
Denmark 1 164  
Germany 33  
France 13  
Netherlands 2  
United Kingdom 104  
Union 1 325  
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 4 250  
Germany 479  
France 197  
Netherlands 340  
Sweden Not relevant  
United Kingdom 3 188  
Union 8 500  
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 raysRajiformes Zone: Union waters of IIa and IV(SRX/2AC4-C)
Belgium 221  
Denmark 9  
Germany 11  
France 35  
Netherlands 188  
United Kingdom 849  
Union 1 313  
TAC 1 313  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 raysRajiformes Zone: Union waters of VIa, VIb, VIIa-c and VIIe-k(SRX/67AKXD)
Belgium 725  
Estonia 4  
France 3 255  
Germany 10  
Ireland 1 048  
Lithuania 17  
Netherlands 3  
Portugal 18  
Spain 876  
United Kingdom 2 076  
Union 8 032  
TAC 8 032  
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 raysRajiformes 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-catchesTrachurus 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 10 629  
Germany 8 294  
Spain 11 312  
France 4 269  
Ireland 27 621  
Netherlands 33 276  
Portugal 1 090  
Sweden 675  
United Kingdom 10 002  
Union 107 168  
Faroe Islands 1 700  
TAC 108 868  Analytical TAC






2. Annex IB to Regulation (EU) 2016/72 is amended as follows: 


((a)) the fishing opportunities table for cod in Norwegian waters of I and II is replaced by the following table:
'
Species: CodGadus morhua Zone: Norwegian waters of I and II(COD/1N2AB.)
Germany 2 405  
Greece 298  
Spain 2 682  
Ireland 298  
France 2 207  
Portugal 2 682  
United Kingdom 9 328  
Union 19 900  
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: CodGadus morhua Zone: I and IIb(COD/1/2B.)
Germany 6 593  
Spain 13 192  
France 3 122  
Poland 2 728  
Portugal 2 643  
United Kingdom 4 403  
Other Member States 495  
Union 33 176  
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: HaddockMelanogrammus aeglefinus Zone: Norwegian waters of I and II(HAD/1N2AB.)
Germany 267  
France 160  
United Kingdom 820  
Union 1 247  
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 1 126  
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



3. 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 roughyHoplostethus atlanticus Zone: SEAFO Sub-Division B1(ORY/F47NAM)
TAC 0  Precautionary TAC



4. 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 mackerelTrachurus murphyi Zone: SPRFMO Convention Area(CJM/SPRFMO)
Germany 7 067,15  
Netherlands 7 660,06  
Lithuania 4 917,5  
Poland 8 455,29  
Union 28 100  
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
'.

5. 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 ‘999 808’.

6. Annex VIII to Regulation (EU) 2016/72 is replaced by the following: 

 ‘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

