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4.11.2011 Official
Journal
of
the
European
Union L
287/13
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 1106/2011
of 20 October 2011
amending Regulations (EU) No 57/2011 and (EC) No 754/2009 as regards the protection of the
species ‘porbeagle’, certain TACs and certain fishing effort limits set for Germany and Ireland
THE COUNCIL OF THE EUROPEAN UNION,
(4) The
scientific
assessment
of
cod
in
the
Celtic
Sea
has
improved, and has confirmed that the advice on which
the current TAC is based underestimated the strong year
Having regard to the Treaty on the Functioning of the European
class of 2009 and thus the dynamic increase in biomass
Union, and in particular Article 43(3) thereof,
for this stock. Further to the new selectivity measures
planned by the North Western Regional Advisory
Council (NWWRAC), which would reduce the risk of
haddock and whiting discards in this cod fishery, it is
Having regard to the proposal from the European Commission,
appropriate to adapt the TAC for cod in the Celtic Sea to
the new scientific advice for the remainder of 2011.
Whereas:
(1) Council
Regulation
(EU)
No
57/2011
( 1 ) fixes for 2011
the fishing opportunities for certain fish stocks and
(5) On
29
July
2011,
Northwest
Atlantic
Fisheries
Organi
groups of fish stocks, applicable in EU waters and, for
sation (NAFO) communicated to all contracting parties
EU vessels, in certain non-EU waters.
the adoption of a revision of the 2011 NAFO TAC for

redfish in Subarea 2, Division 1F and 3K, with immediate
effect. The Commission, on 1 August 2011, submitted
the same information to all Member States with an
(2) An
inconsistency
between
the
wording
of
Regulation
interest in this fishery. The revision should be imple
(EU) No 57/2011 and the wording of the entry in
mented in the law of the Union and apply to EU
Annex IA thereto concerning the Norway pout should
vessels from 2 August 2011.
be corrected.
(3) Regulation
(EU)
No
57/2011
prohibits
fishing
for
porbeagle in international waters, with a prompt release
obligation for accidental catches. Annex IA to that Regu
(6) Within
the
context
of
establishing
fishing
opportunities
lation fixes the total allowable catches for porbeagle at 0
and in accordance with Regulation (EC) No 1342/2008
tonnes in certain ICES zones, with no provision
of 18 December 2008 establishing a long-term plan for
regarding accidental catches. As a consequence in some
cod stocks and the fisheries exploiting those stocks ( 2 ),
areas within EU waters catches of porbeagle are unre
the Council may, acting on a Commission proposal and
stricted, whereas in others (the Atlantic ocean) some
on the basis of the information provided by Member
zones (ICES zones) are managed by total allowable
States and the advice of the Scientific, Technical and
catch (TAC) and some others are not (CECAF zones).
Economic Committee for Fisheries (STECF), exclude
Given the status of this species and the discussions
certain groups of vessels from the application of the
underway regarding the possibility of its listing under
fishing effort regime provided that appropriate data is
the Convention on International Trade in Endangered
available on the cod catches and discards of the vessels
Species of Wild Fauna and Flora (CITES convention
concerned, that the percentage of cod catches does not
)(Appendix III), it is appropriate to provide for
exceed 1,5 % of the total catches of the group of vessels
enhanced protection for porbeagle in all areas and to
and that the inclusion of the group in the effort regime
cover both EU vessels and third-country vessels fishing
would constitute an administrative burden dispropor
in EU waters.
tionate to its overall impact on cod stocks.
( 1 ) OJ L 24, 27.1.2011, p. 1.
( 2 ) OJ L 348, 24.12.2008, p. 20.

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L 287/14
EN
Official Journal of the European Union
4.11.2011
(7) Based
on
Regulation
(EC)
No
1342/2008,
Regulation
direct influence on the economic activities of the fleets
(EC) No 754/2009
( 1 ) excluded certain groups of
concerned, this Regulation should enter into force
vessels from the fishing effort regime laid down in Regu
immediately upon its publication,
lation (EC) No 1342/2008.
HAS ADOPTED THIS REGULATION:
(8) Ireland
provided
information
on
cod
catches
by
a
group
of vessels operating in the west of Scotland using bottom
Article 1
trawls of mesh size equal to or larger than 120 mm with
Amendment to Regulation (EU) No 57/2011
square mesh panels in the area stated in point 6.1 of
Annex III to Council Regulation (EC) No 43/2009 of
Regulation (EU) No 57/2011 is hereby amended as follows:
16 January 2009 fixing for 2009 the fishing oppor
tunities and associated conditions for certain fish stocks
and groups of fish stocks, applicable in Community
(1) in Article 5(4), point (b) is replaced by the following:
waters and, for Community vessels, in waters where
catch limitations are required ( 2 ), and using 100 mm
mesh size elsewhere in the west of Scotland. On the
‘(b) the stock of Norway pout and associated by-catches in
basis of that information, as assessed by the STECF, it
ICES Subarea IIIa and EU waters of ICES division IIa and
can be established that cod catches, including discards, by
ICES Subarea IV and the stock of sprat in EU waters of
that group of vessels do not exceed 1,5 % of their total
ICES division IIa and ICES Subarea IV.’;
catches. Moreover, the control and monitoring measures
in place ensure the monitoring and control of the fishing
activities of that group of vessels. Finally, the inclusion in
(2) in Article 8 (1), point (e) is replaced by the following:
the fishing effort regime of that group constitutes an
administrative burden disproportionate to the overall
impact of that inclusion on cod stocks. It is therefore
‘(e) porbeagle (Lamna nasus) in all waters, except where it is
appropriate to amend Regulation (EC) No 754/2009 in
provided otherwise in Annex IA; and’;
order to exclude that group of vessels from the fishing
effort regime laid down in Regulation (EC) No
1342/2008. The effort limits set for Ireland in Regulation
(3) in Article 37, paragraph 1 is replaced by the following:
(EU) No 57/2011 should be amended accordingly.
‘1. It shall be prohibited for third-country vessels to fish
for, to retain on board, to tranship or to land the following
(9) A
group
of
vessels
from
Germany
is
currently
excluded
species:
from the application of the fishing effort regime laid
down in Regulation (EC) No 1342/2008. On the basis
of information provided by Germany in 2011, STECF
(a) basking shark (Cetorhinus maximus) and white shark
was not in a position to assess whether the conditions
(Carcharodon carcharias) in all EU waters;
set out in Regulation (EC) No 1342/2008 remained
fulfilled in the 2010 management period. It is therefore
appropriate to reinclude this group of German vessels in
(b) angel shark (Squatina squatina) in all EU waters;
that fishing effort regime. Regulation (EC) No 754/2009
should be amended accordingly.
(c) common skate (Dipturus batis) in EU waters of ICES
division IIa and ICES Subareas III, IV, VI, VII, VIII, IX
and X;
(10) Regulation
(EU)
No
57/2011
applies,
in
general,
from
1 January 2011. However, the fishing effort limits laid
down in Regulation (EU) No 57/2011 apply for a 1-year
(d) undulate ray (Raja undulata) and white skate (Rostroraja
period starting from 1 February 2011. As a consequence,
alba) in EU waters of ICES Subareas VI, VII, VIII, IX
the provisions of this Regulation concerning catch limits
and X;
and allocations should apply from 1 January 2011,
except for the new provisions for redfish in Subarea 2,
Division 1F and 3K, which should apply from 2 August
(e) porbeagle (Lamna nasus) in all EU waters; and
2011. The provisions of this Regulation concerning
fishing effort limits should apply from 1 February
2011. Such retroactive application will be without
(f) guitarfishes (Rhinobatidae) in EU waters of ICES Subareas
prejudice to the principle of legal certainty as the
I, II, III, IV, V, VI, VII, VIII, IX, X and XII.’;
fishing opportunities concerned have not yet been
exhausted. Since modifications of effort regimes have a
(4) in Annex IA, the entry for cod in VIIb, VIIc, VIIe-k, VIII, IX
( 1 ) OJ L 214, 19.8.2009, p. 16.
and X; EU waters of CECAF 34.1.1 is replaced by the
( 2 ) OJ L 22, 26.1.2009, p. 1.
following:

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EN
4.11.2011 Official
Journal
of
the
European
Union L
287/15
‘Species: Cod
Zone: VIIb,
VIIc,
VIIe-k,
VIII,
IX
and
X;
EU
waters
of
CECAF
Gadus morhua
34.1.1
(COD/7XAD34)
Belgium 233
France 3
811
Ireland 923
The Netherlands
1
United Kingdom 411
EU 5
379
TAC
Analytical TAC
5
379’
Article 12 of this Regulation applies.
(5) in Annex IA, the entry for porbeagle in EU and international waters of III, IV, V, VI, VII, VIII, IX, X and
XII is replaced by the following:
‘Species: Porbeagle
Zone: French
Guyana
waters,
Kattegat;
EU
waters
of
Skagerrak,
I,
Lamna nasus
II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV; EU waters of
CECAF 34.1.1, 34.1.2 and 34.2
(POR/3-1234)
Denmark 0
( 1 )
France 0
( 1 )
Germany 0
( 1 )
Ireland 0
( 1 )
Spain 0
( 1 )
United Kingdom 0
( 1 )
EU 0
( 1 )
0 ( 1 )
TAC
Analytical TAC
0
( 1 )
______________
( 1 ) Catches of this species shall be promptly released unharmed to the extent practicable.’
(6) in Annex IA, the entry for Norway lobster in VII is replaced by the following:
‘Species: Norway
lobster
Zone: VII
Nephrops norvegicus
(NEP/07.)
Spain 1
306
( 1 )
France 5
291
( 1 )
Ireland 8
025
( 1 )
United Kingdom 7
137
( 1 )
EU 21
759
( 1 )
TAC
Analytical TAC
21
759
( 1 )
Article 13 of this Regulation applies
______________
( 1 ) Of which no more than the following quotas may be taken in VII (Porcupine Bank – Unit 16) (NEP/*07U16):
Spain 377
France 241
Ireland 454
United Kingdom 188
EU 1
260’

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L 287/16
EN
Official Journal of the European Union
4.11.2011
(7) in Annex IC, the entry for redfish in NAFO Subarea 2, Divisions IF and 3K, is replaced by the following:
‘Species: Redfish
Zone: NAFO
Subarea
2,
Divisions
IF
and
3K
Sebastes spp.
(RED/N1F3K.)
Latvia
0
Lithuania
0
TAC 0’
(8) Appendix 1 of Annex IIA is amended as follows:
Article 2
(a) in Table (b), the column concerning Germany (DE) is
Amendment to Regulation (EC) No 754/2009
replaced by the following:
In Regulation (EC) No 754/2009, Article 1 is hereby amended
as follows:
Regulated gear ‘DE
TR1 1
166
735
(a) point (f) is deleted;
TR2 436
666
TR3 257
(b) the following point is added:
BT1 29
271
BT2 1
525
679
‘(h) the group of vessels flying the flag of Ireland, partici
pating in the fishery indicated in the request from
GN 224
484
Ireland dated 11 March 2011, operating in the west
GT 467
of Scotland using bottom trawls of mesh size equal to
or larger than 120 mm with square mesh panels in the
LL 0’
area stated in point 6.1 of Annex III to Regulation (EC)
No 43/2009 and using 100 mm mesh size elsewhere in
the west of Scotland.’.
(b) in Table (d) the columns for Germany (DE) and Ireland
(IE) are replaced by the following:
Article 3
Regulated gear ‘DE IE
Entry into force
TR1 12
427 107
088
This Regulation shall enter into force on the day following its
TR2
0 479
043
publication in the Official Journal of the European Union.
TR3
0 273
BT1
0
0
Article 1 points (1) to (6) shall apply from 1 January 2011.
BT2
0 3
801
GN 35
442 5
697
Article 1 point (7) shall apply from 2 August 2011.
GT
0 1
953
LL
0 4
250’
Article 1 point (8) and Article 2 shall apply from 1 February
2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 20 October 2011.
For the Council
The President
M. SAWICKI

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