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9.11.2012 Official
Journal
of
the
European
Union L
310/13
COUNCIL REGULATION (EU) No 1040/2012
of 7 November 2012
amending Regulation (EC) No 754/2009 as regards exclusion of certain groups of vessels from the
fishing effort regime laid down in Regulation (EC) No 1342/2008 and amending Regulations (EU)
No 43/2012 and (EU) No 44/2012 as regards certain fishing opportunities
THE COUNCIL OF THE EUROPEAN UNION,
vessels and considering that the inclusion of these groups
would constitute an administrative burden dispropor
tionate to their overall impact on cod stocks, it is appro
priate to exclude the three groups of vessels from the
Having regard to the Treaty on the Functioning of the European
application of the effort regime laid down in Council
Union, and in particular Article 43(3) thereof,
Regulation (EC) No 1342/2008 of 18 December 2008
establishing a long-term plan for cod stocks and the
fisheries exploiting those stocks ( 2 ). Council Regulation
(EC) No 754/2009 of 27 July 2009 excluding certain
groups of vessels from the fishing effort regime laid
Having regard to the proposal from the European Commission,
down in Chapter III of Regulation (EC) No
1342/2008 ( 3 ), Regulation (EU) No 43/2012, and
Council Regulation (EU) No 44/2012 of 17 January
2012 fixing for 2012 the fishing opportunities
Whereas:
available in EU waters and, to EU vessels, in certain
non-EU waters for certain fish stocks and groups of
fish stocks which are subject to international negotiations
or agreements ( 4 ) should be amended accordingly.
(1) The
2011
stock
assessment
for
herring
in
the
Irish
Sea
was based on a trends only assessment and a reduced
precautionary total allowable catch (TAC) was adopted.
Subsequent benchmarking in 2012 of this stock has
improved the assessment methodology and a catch
(3) In
October
2012,
the
International
Council
for
the
forecast based on a maximum sustainable yield (MSY)
Exploration of the Sea (ICES) published scientific advice
approach can now be provided. The Scientific,
on the stock of Norway pout in the North Sea, the
Technical and Economic Committee for Fisheries
Skagerrak and the Kattegat. ICES advice indicates that
(STECF) was asked to comment on a retroactive
catches ought not to exceed 101 000 tonnes in 2012.
increase of fishing opportunities for this stock and to
As regards quotas, 75 % of the Norway pout TAC in this
explain the impact of such an increase on the scientific
area corresponds to the Union quota, of which 5 000
advice for 2013. On the basis of the STECF analysis, an
tonnes should be allocated to Norway. The rest of the
increase in the fishing opportunities set for 2012 can be
Union quota should be allocated among Member States.
adopted, on the condition that the necessary revision is
made to the 2013 TAC to maintain fishing mortality at
maximum sustainable yield (MSY) level. Council Regu
lation (EU) No 43/2012 of 17 January 2012 fixing for
2012 the fishing opportunities available to EU vessels for
(4) The
catch
limits
provided
for
by
this
Regulation
should
certain fish stocks and groups of fish stocks which are
apply from 1 January 2012, except for the provisions
not subject to international negotiations or agreements ( 1 )
concerning fishing effort limits, which should apply
should be amended accordingly.
from 1 February 2012. Such retroactive application will
be without prejudice to the principles of legal certainty
and protection of legitimate expectations as regards the
fishing opportunities concerned that have not yet been
(2) France
has
provided
information
on
cod
catches
for
three
exhausted. Since catch limits have an influence on the
fisheries and involving three groups of vessels: a group of
economic activities and the planning of the fishing
bottom trawlers targeting saithe in the North Sea, a
season of Union vessels, this Regulation should enter
group of bottom trawlers targeting saithe and deep-sea
into force immediately after its publication.
species in the west of Scotland, and a group of vessels
fishing with longlines targeting hake in the west of
Scotland. On the basis of this information, as assessed
by STECF, it can be established that the cod catches,
including discards, of these three groups of vessels did
(5) Regulation
(EC)
No
754/2009,
Regulation
(EU)
No
not exceed 1,5 % of the total catches for each group of
43/2012 and Regulation (EU) No 44/2012 should
vessels in each of the three areas. Moreover, having
therefore be amended accordingly,
regard to the measures in place to ensure the monitoring
and control of the fishing activities of these groups of
( 2 ) OJ L 348, 24.12.2008, p. 20.
( 3 ) OJ L 214, 19.8.2009, p. 16.
( 1 ) OJ L 25, 27.1.2012, p. 1.
( 4 ) OJ L 25, 27.1.2012, p. 55.

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L 310/14
EN
Official Journal of the European Union
9.11.2012
HAS ADOPTED THIS REGULATION:
Article 2
Amendments to Regulation (EU) No 43/2012
Article 1
Annexes I and IIA to Regulation (EU) No 43/2012 are amended
in accordance with the text set out in Annex I to this Regu
Amendments to Regulation (EC) No 754/2009
lation.
In Article 1 of Regulation (EC) No 754/2009, the following
points are added:
Article 3
Amendments to Regulation (EU) No 44/2012
‘(j) the group of vessels flying the flag of France identified in
the request from France dated 8 June 2012, which
Annexes IA and IIA to Regulation (EU) No 44/2012 are
participate in a fishery targeting saithe in the North Sea
amended in accordance with the text set out in Annex II to
(ICES zone IV) using bottom trawls with a mesh size
this Regulation.
equal to or greater than 100 mm (gear category TR1);
Article 4
(k) the group of vessels flying the flag of France identified in
the request from France dated 8 June 2012, which
Entry into force
participate in a fishery targeting saithe and deep-sea
This Regulation shall enter into force on the day following that
species in the west of Scotland (ICES zone VI) using
of its publication in the Official Journal of the European Union.
bottom trawls with a mesh size equal to or greater
than 100 mm (gear category TR1);
Point (1) of Annex I, and point (1) of Annex II shall apply from
1 January 2012.
(l) the group of vessels flying the flag of France identified in
the request from France dated 8 June 2012, which
participate in a fishery targeting hake in the west of
Scotland (ICES zone VI) using longlines (gear category
Article 1, point (2) of Annex I, and point (2) of Annex II shall
LL).’.
apply from 1 February 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 November 2012.
For the Council
The President
A. D. MAVROYIANNIS

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EN
9.11.2012 Official
Journal
of
the
European
Union L
310/15
ANNEX I
(1) In Part B of Annex I to Regulation (EU) No 43/2012, the entry for herring in VIIa is replaced by the following:
‘Species: Herring
Zone: VIIa
( 1 )
Clupea harengus
(HER/07A/MM)
Ireland 1
374
United Kingdom 3
906
Union 5
280
TAC
Analytical TAC
5
280
______________
( 1 ) This zone is reduced by the area bounded:
— to the north by latitude 52° 30′ N,
— to the south by latitude 52° 00′ N,
— to the west by the coast of Ireland,
— to the east by the coast of the United Kingdom.’
(2) in Appendix 1 of Annex IIA to Regulation (EU) No 43/2012, table (d), the column concerning France (FR) is replaced
by the following:
‘FR
1 057 828
34 926
0
0
0
302 917
0
184 354’

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L 310/16
EN
Official Journal of the European Union
9.11.2012
ANNEX II
(1) In Annex IA to Regulation (EU) No 44/2012, the entry for Norway pout and associated by-catches in IIIa; EU waters
of IIa and IV is replaced by the following:
‘Species: Norway
pout
and
associated
by-catches
Zone: IIIa;
EU
waters
of
IIa
and
IV
Trisopterus esmarki
(NOP/2A3A4.)
Denmark 70
684
( 1 )
Germany 14
( 1 ) ( 2 )
The Netherlands 52
( 1 ) ( 2 )
Union 75
750
( 1 ) ( 3 )
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 ) At least 95 % of landings counted against this quota must be of Norway pout. By-catches of haddock and whiting to be counted
against the remaining 5 % of the quota.
( 2 ) Quota may be fished in EU waters of ICES zones IIa, IIIa and IV only.
( 3 ) Of which 5 000 tonnes are allocated to Norway.’
(2) in Appendix 1 of Annex IIA to Regulation (EU) No 44/2012 the column concerning France (FR) is replaced by the
following:
‘FR
533 451
6 496 811
101 316
0
1 202 818
342 579
4 338 315
125 141’

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