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6.1.2012 Official
Journal
of
the
European
Union
L
3/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 5/2012
of 19 December 2011
fixing for 2012 the fishing opportunities for certain fish stocks and groups of fish stocks applicable
in the Black Sea
THE COUNCIL OF THE EUROPEAN UNION,
and having due regard to the objectives of the common
fisheries policy established in Regulation (EC) No
2371/2002.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 43(3) thereof,
(4) The
total
allowable
catches
(TACs)
should
be
established
on the basis of available scientific advice, taking into
account biological and socioeconomic aspects whilst
ensuring fair treatment between fishing sectors, as well
Having regard to the proposal from the European Commission,
as in the light of the opinions expressed during the
consultation of stakeholders.
Whereas:
(5)
The use of fishing opportunities set out in this Regu
lation should be subject to Council Regulation (EC) No
1224/2009 of 20 November 2009 establishing a
Community control system for ensuring compliance
(1)
Article 43(3) of the Treaty provides that the Council, on
with the rules of the common fisheries policy (
a proposal from the Commission, is to adopt measures

2 ) and
in particular to Articles 33 and 34 thereof concerning
on the fixing and allocation of fishing opportunities.
respectively the recording of catches and fishing effort
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
(2) Council
Regulation
(EC)
No
2371/2002
of
20
December
data to the Commission relating to landings of stocks
2002 on the conservation and sustainable exploitation of
subject to this Regulation.
fisheries resources under the common fisheries policy ( 1 )
requires that measures governing access to waters and
resources and the sustainable pursuit of fishing activities
be established taking into account available scientific
(6) In
accordance
with
Article
2
of
Council
Regulation
(EC)
advice and, in particular, the report drawn up by the
No 847/96 of 6 May 1996 introducing additional
Scientific, Technical and Economic Committee for
conditions for year-to-year management of TACs and
Fisheries (STECF).
quotas ( 3 ), the stocks that are subject to the various
measures referred to therein must be identified.
(3) It
is
incumbent
upon
the
Council
to
adopt
measures
on
the fixing and allocation of fishing opportunities by
(7) In
order
to
avoid
interruption
of
fishing
activities
and
to
fishery or group of fisheries, including certain conditions
ensure the livelihood of Union fishermen, it is important
functionally linked thereto, as appropriate. Fishing oppor
to open those fisheries on 1 January 2012. For reasons
tunities should be distributed among Member States in
of urgency, this Regulation should enter into force
such a way as to assure each Member State relative
immediately after its publication,
stability of fishing activities for each stock or fishery
( 2 ) OJ L 343, 22.12.2009, p. 1.
( 1 ) OJ L 358, 31.12.2002, p. 59.
( 3 ) OJ L 115, 9.5.1996, p. 3.

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L 3/2
EN
Official Journal of the European Union
6.1.2012
HAS ADOPTED THIS REGULATION:
(a) exchanges made pursuant to Article 20(5) of Regulation
(EC) No 2371/2002;
CHAPTER I
SCOPE AND DEFINITIONS
(b) reallocations made pursuant to Article 37 of Regulation (EC)
Article 1
No 1224/2009;
Subject matter
This Regulation fixes fishing opportunities for 2012 for certain
(c) additional landings allowed pursuant to Article 3 of Regu
fish stocks and groups of fish stocks in the Black Sea.
lation (EC) No 847/96;
Article 2
Scope
(d) quantities withheld in accordance with Article 4 of Regu
lation (EC) No 847/96;
This Regulation shall apply to EU vessels operating in the Black
Sea.
(e) deductions made pursuant to Articles 37, 105 and 107 of
Article 3
Regulation (EC) No 1224/2009.
Definitions
For the purposes of this Regulation the following definitions
Article 6
shall apply:
Conditions for landing catches and by-catches
Fish from stocks for which TACs are established shall be
(a) ‘GFCM’ means General Fisheries Commission for the Medi
retained on board or landed only if:
terranean;
(b) ‘Black Sea’ means the GFCM geographical sub-area as
(a) the catches have been taken by vessels of a Member State
defined in resolution GFCM/33/2009/2;
having a quota and that quota is not exhausted; or
(c) ‘EU vessel’ means a fishing vessel flying the flag of a
Member State and registered in the Union;
(b) the catches consist of a share in a Union quota which has
not been allocated by quota among Member States, and that
Union quota has not been exhausted.
(d) ‘total allowable catch’ (TAC) means the quantity that can be
taken from each stock each year;
CHAPTER III
(e) ‘quota’ means a proportion of the TAC allocated to the
FINAL PROVISIONS
Union, a Member State or a third country.
Article 7
Data transmission
CHAPTER II
When, pursuant to Articles 33 and 34 of Regulation (EC) No
FISHING OPPORTUNITIES
1224/2009, Member States send the Commission data relating
Article 4
to landings of quantities of stocks caught, they shall use the
stock codes set out in the Annex to this Regulation.
TACs and allocations
The TACs, the allocation of such TACs among Member States,
and conditions functionally linked thereto, where appropriate,
Article 8
are set out in the Annex.
Entry into force
This Regulation shall enter into force on the day following its
Article 5
publication in the Official Journal of the European Union.
Special provisions on allocations
The allocation of fishing opportunities among Member States as
set out in this Regulation shall be without prejudice to:
It shall apply from 1 January 2012.

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EN
6.1.2012 Official
Journal
of
the
European
Union
L
3/3
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2011.
For the Council
The President
M. DOWGIELEWICZ
ANNEX
TACS APPLICABLE TO EU VESSELS IN AREAS WHERE TACS EXIST BY SPECIES AND BY AREA
The following tables set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and
conditions functionally linked thereto, where appropriate.
Fish stocks are referred to following the alphabetical order of the Latin names of the species. For the purposes of this
Regulation, the following comparative table of Latin names and common names is provided:
Scientific name Alpha-3
code Common
name
Psetta maxima TUR Turbot
Sprattus sprattus SPR Sprat
Species: Turbot
Zone: EU
waters
in
the
Black
Sea
Psetta maxima
TUR/F37.4.2.C
Bulgaria 43,2
Romania 43,2
EU 86,4
( 1 )
TAC Not
relevant
Analytical TAC
Article 3 of Regulation (EC) No 847/96
does not apply.
Article 4 of Regulation (EC) No 847/96
does not apply.
______________
( 1 ) No fishing activity, transhipment, taking on board and landing shall be permitted from 15 April to 15 June 2012.
Species: Sprat
Zone: EU
waters
in
the
Black
Sea
Sprattus sprattus
SPR/F37.4.2.C
Bulgaria 8
032,5
Romania 3
442,5
EU 11
475
TAC Not
relevant
Analytical TAC
Article 3 of Regulation (EC) No 847/96
does not apply.
Article 4 of Regulation (EC) No 847/96
does not apply.

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