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27.1.2012 Official
Journal
of
the
European
Union L
25/55
COUNCIL REGULATION (EU) No 44/2012
of 17 January 2012
fixing for 2012 the fishing opportunities 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
THE COUNCIL OF THE EUROPEAN UNION,
species, implementing powers should be conferred on the
Commission relating to revising the TAC in the light of
scientific information collected during the first half of
Having regard to the Treaty on the Functioning of the European
2012. Those powers should be exercised in accordance
Union, and in particular Article 43(3) thereof,
with Regulation (EU) No 182/2011 of the European
Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning
mechanisms for control by the Member States of the
Having regard to the proposal from the European Commission,
Commission's exercise of implementing powers ( 2 ).
Whereas:
(6) The
Commission
should
adopt
immediately
applicable
implementing acts relating to revising the TAC of these
stocks of short-lived species where, in duly justified cases
(1)
Article 43(3) of the Treaty provides that the Council, on
a proposal from the Commission, is to adopt measures
relating to the need for the Union to comply with its
on the fixing and allocation of fishing opportunities.
international obligations, imperative grounds of urgency

so require.
(2) Council
Regulation
(EC)
No
2371/2002
of
20
December
2002 on the conservation and sustainable exploitation of
(7)
Certain TACs allow Member States to grant additional
fisheries resources under the Common Fisheries Policy ( 1 )
allocations for vessels participating in trials on fully
requires that Union measures governing access to waters
documented fisheries. The aim of those trials is to test
and resources and the sustainable pursuit of fishing
a catch-quota system to avoid discards and the waste of
activities be established taking into account available
otherwise usable fish resources it entails. Uncontrolled
scientific, technical and economic advice and in particular
discards of fish are a threat to the long term sustain
reports drawn up by the Scientific, Technical and
ability of fish as a public good and thus to the
Economic Committee for Fisheries (STECF), as well as
common fisheries policy objectives. By contrast, catch-
in the light of any advice received from Regional
quota systems inherently present the fishers with an
Advisory Councils.
incentive to optimise the catch selectivity of their
operations. In order to achieve a rational management
of discards, a fully documented fishery should cover
(3) It
is
incumbent
upon
the
Council
to
adopt
measures
on
every operation at sea, rather than what is landed at
the fixing and allocation of fishing opportunities by
port. The conditions for Member States to grant such
fishery or by group of fisheries, including certain
additional allocations should therefore include an obli
conditions functionally linked thereto, as appropriate.
gation to ensure the use of close circuit television
Fishing opportunities should be distributed among
cameras (CCTV) associated to a system of sensors. This
Member States in such a way as to assure each
should enable to record in detail all retained and
Member State relative stability of fishing activities for
discarded parts of catches. A system based on human
each stock or fishery and having due regard to the
observers operating in real time on board would be
objectives of the common fisheries policy established in
less efficient, more costly, and less reliable. Consequently,
Regulation (EC) No 2371/2002.
the use of CCTV is at this time a prerequisite for the
achievement of discard reduction schemes such as fully
documented fisheries, provided that the requirements of
Directive 95/46/EC of the European Parliament and of
(4) In
order
to
ensure
uniform
conditions
for
the
implemen
the Council of 24 October 1995 on the protection of
tation of this Regulation relating to revising quotas for
individuals with regard to the processing of personal data
capelin available to the Union in Greenland waters of
and on the free movement of such data (
ICES subareas V and XIV under the Fisheries Partnership

3 ) are complied
with.
Agreement with Greenland, powers should be conferred
on the Commission.
(8) The
TACs
should
be
established
on
the
basis
of
available
(5) In
order
to
ensure
uniform
conditions
for
the
implemen
scientific advice, taking into account biological and
tation of catch limits for certain stocks of short-lived
( 2 ) OJ L 55, 28.2.2011, p. 13.
( 1 ) OJ L 358, 31.12.2002, p. 59.
( 3 ) OJ L 281, 23.11.1995, p. 31.

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L 25/56
EN
Official Journal of the European Union
27.1.2012
socio-economic aspects whilst ensuring fair treatment
(13) It
is
appropriate,
following
advice
from
the
International
between fishing sectors, as well as in the light of the
Council for the Exploration of the Sea (ICES), to maintain
opinions expressed during the consultation of stake
and revise a system to manage sandeel in EU waters of
holders, in particular at the meetings with the Advisory
ICES divisions IIa and IIIa and ICES subarea IV.
Committee for Fisheries and Aquaculture and the
Regional Advisory Councils concerned.
(14) For certain species, such as certain species of sharks, even
a limited fishing activity could result in a serious risk to
their conservation. Fishing opportunities for such species
(9) For
stocks
subject
to
specific
multiannual
plans,
the
TACs
should therefore be fully restricted through a general
should be established in accordance with the rules laid
prohibition on fishing those species.
down in those plans. Consequently, the TACs for stocks
of sole in the North Sea, of plaice in the North Sea, of
cod in the North Sea, Skagerrak and the eastern Channel,
and of bluefin tuna in the eastern Atlantic and the Medi
(15) Norway
lobster
is
caught
in
mixed
demersal
fisheries
terranean should be established in accordance with the
together with various other species. In a zone to the
rules laid down in Council Regulation (EC) No 676/2007
west of Ireland, known as the Porcupine Bank, scientific
of 11 June 2007 establishing a multiannual plan for
advice has recommended that catches of this species do
fisheries exploiting stocks of plaice and sole in the
not increase in 2012. In order to help continue the
North Sea ( 1 ); Council Regulation (EC) No 1342/2008
recovery of the stock, it is appropriate to keep fishing
of 18 December 2008 establishing a long-term plan
opportunities confined, in a certain part of that zone and
for cod stocks and the fisheries exploiting those
in certain periods, to the catching of pelagic species with
stocks ( 2 ) (the ‘Cod Plan’); and Council Regulation (EC)
which Norway lobster is not caught.
No 302/2009 of 6 April 2009 concerning a multiannual
recovery plan for bluefin tuna in the eastern Atlantic and
Mediterranean ( 3 ).
(16) In
accordance
with
the
procedure
provided
for
in
the
agreements or protocols on fisheries relations with
Norway ( 6 ), the Faroe Islands
( 7 ), Greenland
( 8 ) and
Iceland (
(10) For
stocks
for
which
there
is
no
sufficient
or
reliable
data

9 ), the Union has held consultations on fishing
rights with those partners. The consultations with the
in order to provide size estimates, management measures
Faroe Islands have not been finalised and the
and TAC levels should follow the precautionary approach
arrangements for 2012 with that partner are expected
to fisheries management as defined in point (i) of
to be concluded in early 2012. Similarly, consultations
Article 3 of Council Regulation (EC) No 2371/2002,
with Iceland will continue in 2012. In order to avoid
while taking into account stock-specific factors,
interruption of Union fishing activities whilst allowing
including, in particular, available information on stock
for the necessary flexibility for the conclusion of those
trends and mixed fisheries considerations.
arrangements in 2012, it is appropriate for the Union to
establish on a provisional basis the fishing opportunities
for stocks subject to the agreements with Iceland and/or
the Faroe Islands.
(11) In
accordance
with
Article
2
of
Council
Regulation
(EC)
No 847/96 of 6 May 1996 introducing additional
conditions for year-to-year management of TACs and
quotas (
(17) In
accordance
with
the
consultations
between
coastal

4 ), the stocks that are subject to the various
measures referred to therein should be identified.
states on the management of mackerel, blue whiting,
Atlanto-Scandian herring and North Sea haddock, the
Union may authorise fishing by EU vessels of up to
10 % beyond the quota available to the Union,
provided that any quantities fished beyond the quota
(12) It
is
necessary
to
establish
the
fishing
effort
ceilings
for
2012 in accordance with Articles 11 and 12 of Regu
( 6 ) Agreement on fisheries between the European Economic
lation (EC) No 1342/2008, Article 9 of Regulation (EC)
Community and the Kingdom of Norway (OJ L 226, 29.8.1980,
No 676/2007 and Articles 5 and 9 of Regulation (EC)
p. 48).
(
No 302/2009, while taking into account Council Regu

7 ) Agreement on fisheries between the European Economic
Community, of the one part, and the Government of Denmark
lation (EC) No 754/2009 of 27 July 2009 excluding
and the Home Government of the Faeroe Islands, of the other
certain groups of vessels from the fishing effort regime
part (OJ L 226, 29.8.1980, p. 12).
laid down in Chapter III of Regulation (EC) No
( 8 ) Fisheries Partnership Agreement between the European Community
1342/2008 (
on the one hand, and the Government of Denmark and the Home

5 ).
Rule Government of Greenland, on the other hand (OJ L 172,
30.6.2007, p. 4) and Protocol setting out the fishing opportunities
( 1 ) OJ L 157, 19.6.2007, p. 1.
and financial contribution provided for in that Agreement (OJ
( 2 ) OJ L 348, 24.12.2008, p. 20.
L 172, 30.6.2007, p. 9).
( 3 ) OJ L 96, 15.4.2009, p. 1.
( 9 ) Agreement on fisheries and the marine environment between the
( 4 ) OJ L 115, 9.5.1996, p. 3.
European Economic Community and the Republic of Iceland (OJ
( 5 ) OJ L 214, 19.8.2009, p. 16.
L 161, 2.7.1993, p. 2).

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EN
27.1.2012 Official
Journal
of
the
European
Union L
25/57
available to the Union would be deducted from its quota
each Member State towards the under-utilisation without
in 2013. Similarly, the Union may use in 2013 any
any modification of the distribution key established in
unused quantities up to 10 % of the quota available to
this Regulation concerning the annual allocation of
it in 2012. It is appropriate to enable such flexibility in
TACs. Furthermore, as a result of the same annual
the management of those fishing opportunities to the
meeting, the rebuilding plan for blue and white marlins
Member States concerned, in particular by allowing the
was amended, the Union quota for blue marlin decreased,
Member States concerned to opt for the use of a flexi
the Union quota for white marlin slightly increased, and
bility quota.
an ICCAT recommendation was adopted on the conser
vation of silky sharks. Those measures should be imple
mented in the law of the Union.
(18) The
Union
fisheries
for
cod
in
EU
and
international
waters of ICES zones I and IIB have traditionally
entailed by-catches of haddock. It is therefore necessary
(23) At its Annual Meeting in 2011, the Indian Ocean Tuna
to fix haddock by-catch limits for those fisheries that are
Commission (IOTC) did not modify its measures
in line with historical levels.
regarding fishing opportunities as currently implemented
in the law of the Union. The currently applicable
measures adopted by the IOTC should be implemented
in the law of the Union.
(19) The
Union
is
a
contracting
party
to
several
fisheries
organisations and participates in other organisations as
a cooperating non-party. Moreover, by virtue of the
2003 Act of Accession, fisheries agreements previously
(24) During
the
Third
International
Meeting,
held
in
May
concluded by the Republic of Poland, such as the
2007, for the creation of a Regional Fisheries
Convention on the Conservation and Management of
Management Organisation (RFMO) in the high seas of
Pollock resources in the central Bering Sea, are as from
the South Pacific (SPRFMO), the participants adopted
the date of accession of Poland managed by the Union.
interim measures, including fishing opportunities, in
Those fisheries organisations have recommended the
order to regulate pelagic fishing activities as well as
introduction for 2012 of a number of measures,
bottom fisheries in that area until the establishment of
including fishing opportunities for EU vessels. Those
such RFMO. Those interim measures were revised at the
fishing opportunities should be implemented in the law
2nd Preparatory Conference for the SPRFMO
of the Union.
Commission held in January 2011 and will be revised
again at the 3rd Preparatory Conference for the SPRFMO
Commission to be held from 30 January to 3 February
2012. Those interim measures are voluntary and not
(20) At
its
33rd
Annual
Meeting
in
2011,
the
Northwest
legally binding under international law. It is however
Atlantic Fisheries Organisation (NAFO) adopted a
appropriate, in accordance with the cooperation and
number of fishing opportunities for 2012 of certain
conservation obligations enshrined in the International
stocks in Subareas 1-4 of the NAFO Convention Area.
Law of the Sea, to implement those measures in the
Those fishing opportunities, which consist of certain
law of the Union by establishing an overall quota for
TACs and, in the case of shrimp in fishery Division
the Union and an allocation among the Member States
3M, an effort allocation scheme, should be implemented
concerned.
in the law of the Union.
(25) At its Annual Meeting in 2011, the South East Atlantic
(21) At
its
82nd
Annual
Meeting
in
2011,
the
Inter-American
Fisheries Organisation (SEAFO) did not modify the total
Tropical Tuna Commission (IATTC) adopted conser
allowable catches for Patagonian toothfish, orange
vation measures for yellowfin tuna, bigeye tuna and
roughy, alfonsinos and deep-sea red crab agreed for
skipjack tuna. IATTC also adopted a resolution on the
2011 and 2012 at its Annual Meeting in 2010. The
conservation of oceanic whitetip sharks. Those measures
currently applicable measures adopted by the SEAFO
should be implemented in the law of the Union.
should be implemented in the law of the Union.
(26) In the light of the most recent scientific advice from ICES
(22) At its Annual Meeting in 2011, the International
Commission for the Conservation of Atlantic Tunas
and in accordance with the international commitments in
(ICCAT) adopted the compliance tables fixing the
the context of the North East Atlantic Fisheries
adjusted quotas and indicating the under-utilisation and
Convention (NEAFC), it is necessary to limit the fishing
over-utilisation of the fishing opportunities of the ICCAT
effort on certain deep-sea species.
contracting parties. In that context, ICCAT recognised
that, during the year 2010, the Union had under-
exploited its quota for Northern and Southern swordfish,
(27) The
8th
Annual
Meeting
of
the
Western
and
Central
bigeye tuna and Northern albacore. In order to respect
Pacific Fisheries Commission (WCPFC) in 2011 has
the adjustments to the Union quotas established by
been postponed until 2012. However, it is appropriate
ICCAT, it is necessary to carry out the distribution of
that the currently applicable conservation and
the fishing opportunities arising from this under-utili
management measures remain in place until that
sation on the basis of the respective contribution of
Annual Meeting is held.

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L 25/58
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Official Journal of the European Union
27.1.2012
(28) At its Annual Meeting in 2011, the Parties to the
French Guyana. It is necessary to fix the fishing oppor
Convention on the Conservation and Management of
tunities for snappers available to Venezuela in EU waters.
Pollock resources in the central Bering Sea did not
modify its measures regarding fishing opportunities.
The currently applicable measures should be imple
(31) The
use
of
fishing
opportunities
available
to
EU
vessels
mented in the law of the Union.
set out in this Regulation is subject to Council Regulation
(EC) No 1224/2009 of 20 November 2009 establishing
a Community control system for ensuring compliance
(29) Certain
international
measures
which
create
or
restrict
with the rules of the common fisheries policy ( 1 ), and
fishing opportunities for the Union are adopted by the
in particular to Articles 33 and 34 thereof concerning
relevant RFMOs at the end of the year and become
the recording of catches and fishing effort and the notifi
applicable before the entry into force of this Regulation.
cation of data on the exhaustion of fishing opportunities.
It is therefore necessary for the provisions that
It is therefore necessary to specify the codes to be used
implement such measures in the law of the Union to
by Member States when sending data to the Commission
apply retroactively. In particular, since the fishing
relating to landings of stocks subject to this Regulation.
season in CCAMLR (Commission for the Conservation
of Antarctic Marine Living Resources) Convention Area
runs from 1 December to 30 November, and thus certain
(32) In
order
to
avoid
the
interruption
of
fishing
activities
and
fishing opportunities or prohibitions in the CCAMLR
to ensure the livelihood of the fishermen of the Union,
Convention Area are laid down for a period of time
this Regulation should apply from 1 January 2012,
starting from 1 December 2011, it is appropriate that
except for the provisions concerning fishing effort
the relevant provisions of this Regulation apply from that
limits, which should apply from 1 February 2012, and
date. Such retroactive application will be without
specific provisions in particular regions, which should
prejudice to the principle of legitimate expectations as
have a specific date of application as indicated in
CCAMLR members are forbidden to fish in the
recital 29. For reasons of urgency, this Regulation
CCAMLR Convention Area without authorisation.
should enter into force immediately after its publication.
(30) On
16
December
2011
the
Union
made
a
declaration
(33) Fishing
opportunities
should
be
used
in
full
compliance
with respect to the Bolivarian Republic of Venezuela
with the applicable law of the Union,
(‘Venezuela’) on the granting of fishing opportunities in
EU waters to fishing vessels flying the flag of Venezuela
in the exclusive economic zone (EEZ) of the coast of
HAS ADOPTED THIS REGULATION:
TITLE I
SCOPE AND DEFINITIONS
Article 1
3. This
Regulation
also
fixes
provisional
fishing
opportunities
for certain fish stocks and groups of fish stocks which are
Subject matter
subject to fisheries consultations with third countries. The
1. This
Regulation
fixes
fishing
opportunities
available
in
EU definitive fishing opportunities shall be fixed upon conclusion
waters and, to EU vessels, in certain non-EU waters for certain
of those consultations in accordance with the Treaty.
fish stocks and groups of fish stocks which are subject to inter
national negotiations or agreements.
4. Certain
fishing
opportunities
identified
in
Annex
I
remain
unallocated and may not be fished by the Member States until
2. The
fishing
opportunities
referred
to
in
paragraph
1
shall definitive fishing opportunities have been established in
include:
accordance with paragraph 3.
(a) catch limits for the year 2012;
Article 2
Scope
(b) fishing effort limits for the period from 1 February 2012 to
31 January 2013;
This Regulation shall apply to:
(c) fishing opportunities for the period from 1 December 2011
(a) EU vessels; and
to 30 November 2012 for certain stocks in the CCAMLR
Convention Area; and
(b) third-country vessels in EU waters.
(d) fishing opportunities for the periods set out in Article 27
for certain stocks in the IATTC Convention Area.
( 1 ) OJ L 343, 22.12.2009, p. 1.

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EN
27.1.2012 Official
Journal
of
the
European
Union L
25/59
Article 3
the Lindesnes lighthouse and on the south by a line drawn
from the Skagen lighthouse to the Tistlarna lighthouse and
Definitions
from this point to the nearest point on the Swedish coast;
For the purpose of this Regulation the following definitions
shall apply:
(c) ‘Kattegat’ means the geographical area bounded on the
north by a line drawn from the Skagen lighthouse to the
(a) ‘EU vessel’ means a fishing vessel flying the flag of a
Tistlarna lighthouse and from this point to the nearest
Member State and registered in the Union;
point on the Swedish coast and on the south by a line
drawn from Hasenre to Gnibens Spids, from Korshage to
Spodsbjerg and from Gilbjerg Hoved to Kullen;
(b) ‘third-country vessel’ means a fishing vessel flying the flag
of, and registered in, a third country;
(d) CECAF (Committee for Eastern Central Atlantic Fisheries)
zones are the geographical areas specified in Annex II to
Regulation (EC) No 216/2009 ( 3 );
(c) ‘EU waters’ means waters under the sovereignty or juris
diction of the Member States with the exception of waters
adjacent to the overseas countries and territories listed in
Annex II to the Treaty;
(e) NAFO (Northwest Atlantic Fisheries Organisation) zones
are the geographical areas specified in Annex III to Regu
lation (EC) No 217/2009 ( 4 );
(d) ‘total allowable catch’ (TAC) means the quantity that can be
taken and landed from each fish stock each year;
(f) ‘SEAFO (South East Atlantic Fisheries Organisation)
Convention Area’ is the geographical area defined in the
Convention on the Conservation and Management of
(e) ‘quota’ means a proportion of the TAC allocated to the
Fishery Resources in the South-East Atlantic Ocean ( 5 );
Union, a Member State or a third country;
(g) ‘ICCAT (International Commission for the Conservation of
(f) ‘international waters’ means waters falling outside the sover
Atlantic Tunas) Convention Area’ is the geographical area
eignty or jurisdiction of any State;
defined in the International Convention for the Conser
vation of Atlantic Tunas ( 6 );
(g) ‘mesh size’ means the mesh size of fishing nets as
determined in accordance with Regulation (EC) No
(h) ‘CCAMLR (Commission for the Conservation of Antarctic
517/2008 (
Marine Living Resources) Convention Area’ is the

1 ).
geographical area defined in point (a) of Article 2 of Regu
lation (EC) No 601/2004 ( 7 );
Article 4
Fishing zones
(i) ‘IATTC (Inter American Tropical Tuna Commission)
Convention Area’ is the geographical area defined in the
For the purposes of this Regulation, the following zone defi
Convention for the Strengthening of the Inter-American
nitions shall apply:
Tropical Tuna Commission established by the 1949
Convention between the United States of America and
the Republic of Costa Rica ( 8 );
(a) ICES (International Council for the Exploration of the Sea)
zones are the geographical areas specified in Annex III to
( 3 ) Regulation (EC) No 216/2009 of the European Parliament and of
Regulation (EC) No 218/2009 ( 2 );
the Council of 11 March 2009 on the submission of nominal catch
statistics by Member States fishing in certain areas other than those
of the North Atlantic (OJ L 87, 31.3.2009, p. 1).
( 4 ) Regulation (EC) No 217/2009 of the European Parliament and of
(b) ‘Skagerrak’ means the geographical area bounded on the
the Council of 11 March 2009 on the submission of catch and
west by a line drawn from the Hanstholm lighthouse to
activity statistics by Member States fishing in the north-west
Atlantic (OJ L 87, 31.3.2009, p. 42).
( 5 ) Concluded by Council Decision 2002/738/EC (OJ L 234, 31.8.2002,
( 1 ) Commission Regulation (EC) No 517/2008 of 10 June 2008 laying
p. 39).
down detailed rules for the implementation of Council Regulation
( 6 ) The Union acceded by Council Decision 86/238/EEC (OJ L 162,
(EC) No 850/98 as regards the determination of the mesh size and
18.6.1986, p. 33).
assessing the thickness of twine of fishing nets (OJ L 151,
( 7 ) Council Regulation (EC) No 601/2004 of 22 March 2004 laying
11.6.2008, p. 5).
down certain control measures applicable to fishing activities in the
( 2 ) Regulation (EC) No 218/2009 of the European Parliament and of
area covered by the Convention on the conservation of Antarctic
the Council of 11 March 2009 on the submission of nominal catch
marine living resources (OJ L 97, 1.4.2004, p. 16).
statistics by Member States fishing in the north-east Atlantic (OJ
( 8 ) Concluded by Council Decision 2006/539/EC (OJ L 224, 16.8.2006,
L 87, 31.3.2009, p. 70).
p. 22).

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Official Journal of the European Union
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(j) ‘IOTC
(Indian
Ocean
Tuna
Commission)
Convention
Area’
(l) ‘the WCPFC (Western and Central Pacific Fisheries
is the geographical area defined in the Agreement for the
Commission) Convention Area’ is the geographical area
establishment of the Indian Ocean Tuna Commission ( 1 );
defined in the Convention on the Conservation and
Management of Highly Migratory Fish Stocks in the
(k) ‘SPRFMO (South Pacific Regional Fisheries Management
Western and Central Pacific Ocean ( 3 );
Organisation) Convention Area’ is the high seas
geographical area south of 10° N, north of the CCAMLR
Convention Area, east of the SIOFA Convention Area as
(m) ‘high seas of the Bering Sea’ is the geographical area of the
defined in the Southern Indian Ocean Fisheries
high seas of the Bering Sea beyond 200 nautical miles from
Agreement ( 2 ), and west of the areas of fisheries juris
the baselines from which the breadth of the territorial sea
dictions of South American States;
of the coastal States of the Bering Sea is measured.
TITLE II
FISHING OPPORTUNITIES FOR EU VESSELS
CHAPTER I
(a) the stock of sandeel and associated by-catches in EU waters
of ICES divisions IIa and IIIa and ICES subarea IV in
General provisions
accordance with Annex IIB to this Regulation;
Article 5
TACs and allocations
(b) the stock of Norway pout and associated by-catches in ICES
1. The TACs for EU vessels in EU waters or in certain non-
subarea IIIa and EU waters of ICES division IIa and ICES
EU waters and the allocation of such TACs among Member
subarea IV; and
States, and the conditions functionally linked thereto, where
appropriate, are set out in Annex I.
(c) the stock of sprat and associated by-catches in EU waters of
ICES division IIa and ICES subarea IV.
2. EU
vessels
are
authorised
to
make
catches,
within
the
TACs set out in Annex I, in waters falling within the fisheries
5. On
duly
justified
imperative
grounds
of
urgency
relating
jurisdiction of the Faroe Islands, Greenland, Iceland and
to the obligation of the Union to comply with its international
Norway, and the fishing zone around Jan Mayen, subject to
obligations, the Commission shall revise the TACs set out in
the condition set out in Article 14 of and Annex III to this
Annex I for the stocks referred to in paragraph 4 of this Article
Regulation and in Regulation (EC) No 1006/2008 ( 4 ) and its
by means of immediately applicable implementing acts in
implementing provisions.
accordance with the procedure referred to in Article 38(3).
Those acts shall remain in force for the period of application
of this Regulation, and in any case not later than 31 December
2012.
3. The
Commission
shall
revise
quotas
for
capelin
available
to the Union in Greenland waters of ICES subareas V and XIV
on the basis of the TAC and its allocation to the Union estab
Article 6
lished by Greenland in accordance with the Fisheries Partnership
Agreement between the European Community on the one hand,
Additional allocation for vessels participating in trials on
and the Government of Denmark and the Home Rule
fully documented fisheries
Government of Greenland, on the other hand, and the
Protocol thereto.
1. For
certain
stocks,
a
Member
State
may
grant
an
addi
tional allocation to vessels flying its flag participating in trials
on fully documented fisheries. Those stocks are identified in
Annex I. The additional allocation shall not exceed an overall
4. In
the
light
of
scientific
information
collected
during
the limit set out in Annex I as a percentage of the quota allocated
first half of 2012, TACs set out in Annex I for the following
to that Member State.
stocks may be revised by the Commission by means of imple
menting acts adopted in accordance with the procedure referred
to in Article 38(2):
2. The
additional
allocation
referred
to
in
paragraph
1
may
be granted only in accordance with the following conditions:
( 1 ) The Union acceded by Council Decision 95/399/EC (OJ L 236,
5.10.1995, p. 24).
( 2 ) Concluded by Council Decision 2008/780/EC (OJ L 268, 9.10.2008,
(a) the vessel makes use of close circuit television cameras
p. 27).
(CCTV) associated to a system of sensors to record all
( 4 ) Council Regulation (EC) No 1006/2008 of 29 September 2009
fishing and processing activities on board the vessels;
concerning authorisations for fishing activities of Community
fishing vessels outside Community waters and the access of third
country vessels to Community waters (OJ L 286, 29.10.2008,
( 3 ) The Union acceded by Council Decision 2005/75/EC (OJ L 32,
p. 33).
4.2.2005, p. 1).

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Union L
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(b) the amount of the additional allocation granted to an indi
5. The
Commission
may
request
that
the
assessment
of
the
vidual vessel that participates in trials on fully documented
estimated discards for the type of vessel referred to in point (b)
fisheries shall be no more than 75 % of the discards
of paragraph 2, be submitted to a scientific advisory body for
estimated for the type of vessel to which it belongs, and
review. In the absence of a confirming assessment, the Member
in any case shall not represent more than a 30 % increase of
State concerned shall inform the Commission, in writing, of the
the vessel's basic allocation; and
measures taken to ensure that the relevant vessels comply with
the estimated discards condition established in point (b) of
paragraph 2.
(c) all catches of the relevant stock subject to the additional
allocation by that vessel shall be counted against its total
allocation.
Article 7
Flexibility in the management of certain stocks
Notwithstanding point (b), a Member State may exceptionally
1. For certain stocks identified in Annex I, a Member State
grant to vessel flying its flag additional allocation that
may opt to increase its initial quota set in Annex I by 10 %. The
corresponds to more than 75 % of the estimated discards for
Member State concerned shall notify its decision to the
the type of vessel to which the vessel concerned belongs,
Commission. Upon such notification, the increased quota shall
provided that:
be considered the quota allocated to that Member State.
(i) the estimated discards for the type of vessel are less than
2. Any quantities fished in 2012 under such increased quota
10 %;
that exceed the initial quota shall be deducted for the purpose
of calculating the quota of the Member State concerned for the
relevant stock for 2013.
(ii) it can be demonstrated that the inclusion of that type of
vessel is important to evaluate the potential of the CCTV
system for control purposes; and
3. Any
quantities
not
fished
under
the
initial
quota
up
to
10 % of that quota shall be added for the purpose of calculating
the quota of the Member State concerned for the relevant stock
(iii) an overall limit of 75 % of the estimated discards is not
for 2013.
exceeded for all vessels participating in the trials.
3. Where a Member State detects that a vessel participating
Article 8
in trials on fully documented fisheries fails to comply with the
Conditions for landing catches and by-catches
conditions set out in paragraph 2, it shall immediately withdraw
the additional allocation granted to that vessel and exclude it
Fish from stocks for which TACs are established shall be
from participation in those trials for the remainder of the year
retained on board or landed only if:
2012.
(a) the catches have been taken by vessels flying the flag of a
4. Prior to granting the additional allocation referred to in
Member State having a quota and that quota is not
paragraph 1, a Member State shall submit to the Commission
exhausted; or
the following information:
(b) the catches consist of a share in a EU quota which has not
(a) the list of vessels flying its flag participating in trials on fully
been allocated by quota among Member States, and that EU
documented fisheries,
quota has not been exhausted.
(b) the specifications of the remote electronic monitoring
equipment installed on board those vessels;
Article 9
Fishing effort limits
(c) the capacity, type and specification of gears used by those
From 1 February 2012 to 31 January 2013, the fishing effort
vessels;
measures laid down in Annex IIA shall apply for the
management of certain cod, plaice and sole stocks in:
(d) the estimated discards for each type of vessel participating
in the trials; and
(a) the Skagerrak;
(e) the amount of catches of the stock subject to the relevant
(b) that part of ICES division IIIa not covered by the Skagerrak
TAC made in 2011 by the vessels participating in the trials.
and the Kattegat;

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Official Journal of the European Union
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(c) ICES subarea IV;
2. Except
where
otherwise
specified
in
Annex
I
to
this
Regu
lation, Article 3 of Regulation (EC) No 847/96 shall apply to
stocks subject to precautionary TAC and Article 3(2) and (3)
(d) EU waters of ICES division IIa; and
and Article 4 of that Regulation shall apply to stocks subject to
analytical TAC.
(e) ICES division VIId.
Article 12
Article 10
Closed fishing season
Catch and effort limits for deep-sea fisheries
1. It
shall
be
prohibited
to
fish
or
retain
on
board
any
of
the
following species in the Porcupine Bank during the period from
1. Article
3(1)
of
Regulation
(EC)
No
2347/2002
( 1 ) estab
1 May to 31 July 2012: tusk, blue ling and ling.
lishing the requirement of holding a deep-sea fishing permit
shall apply to Greenland halibut. The catching, retaining on
board, transhipping and landing of Greenland halibut shall be
subject to the conditions referred to in that Article.
2. For the purposes of this Article, the Porcupine Bank shall
comprise the geographical area bounded by rhumb lines
sequentially joining the following positions:
2. Member
States
shall
ensure
that
for
2012
the
fishing
effort levels, measured in kilowatt days absent from port, by
vessels holding deep-sea fishing permits referred to in
Article 3(1) of Regulation (EC) No 2347/2002 do not exceed
65 % of the average annual fishing effort deployed by the
Point Latitude Longitude
vessels of the Member State concerned in 2003 on trips
when deep-sea fishing permits were held or deep-sea species,
1 52°
27′ N 12°
19′ W
as listed in Annexes I and II to that Regulation, were caught.
This paragraph shall apply only to fishing trips on which more
2 52°
40′ N 12°
30′ W
than 100 kg of deep-sea species, other than greater silver smelt,
were caught.
3 52°
47′ N 12°
39,600′ W
4 52°
47′ N 12°
56′ W
Article 11
5 52°
13,5′ N 13°
53,830′ W
Special provisions on allocations of fishing opportunities
6 51°
22′ N 14°
24′ W
1. The
allocation
of
fishing
opportunities
among
Member
States as set out in this Regulation shall be without prejudice to:
7 51°
22′ N 14°
03′ W
8 52°
10′ N 13°
25′ W
(a) exchanges made pursuant to Article 20(5) of Regulation
9 52°
32′ N 13°
07,500′ W
(EC) No 2371/2002;
10 52°
43′ N 12°
55′ W
(b) reallocations made pursuant to Article 37 of Regulation (EC)
11 52°
43′ N 12°
43′ W
No 1224/2009 or pursuant to Article 10(4) of Regulation
12 52°
38,800′ N 12°
37′ W
(EC) No 1006/2008;
13 52°
27′ N 12°
23′ W
(c) additional landings allowed under Article 3 of Regulation
14 52°
27′ N 12°
19′ W
(EC) No 847/96;
3. By
way
of
derogation
from
paragraph
1,
transit
through
(d) quantities withheld in accordance with Article 4 of Regu
the Porcupine Bank, carrying on board the species referred to in
lation (EC) No 847/96;
that paragraph, shall be permitted in accordance with
Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.
(e) deductions made pursuant to Articles 37, 105, 106 and
107 of Regulation (EC) No 1224/2009.
Article 13
( 1 ) Council Regulation (EC) No 2347/2002 of 16 December 2002
Prohibitions
establishing specific access requirements and associated conditions
applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002,
1. It shall be prohibited for EU vessels to fish for, to retain
p. 6).
on board, to tranship or to land the following species:

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(a) basking shark (Cetorhinus maximus) and white shark
CHAPTER III
(Carcharodon carcharias) in EU and non-EU waters;
Fishing opportunities in waters of regional fisheries
management organisations
(b) porbeagle (Lamna nasus) in all waters, except where it is
S e c t i o n 1
provided otherwise in Annex I, Part B to Regulation (EU)
I C C A T C o n v e n t i o n A r e a
No 43/2012 ( 1 );
Article 16
Fishing, farming and fattening capacity limitations for
(c) angel shark (Squatina squatina) in EU waters;
bluefin tuna
1.
The number of EU bait boats and trolling boats authorised
to fish actively for bluefin tuna between 8 kg/75 cm and
(d) common skate (Dipturus batis) in EU waters of ICES division
30 kg/115 cm in the Eastern Atlantic shall be limited as set
IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
out in point 1 of Annex IV.
(e) undulate ray (Raja undulata) and white skate (Rostroraja alba)
2. The
number
of
EU
coastal
artisanal
fishing
vessels
auth
in EU waters of ICES subareas VI, VII, VIII, IX and X; and
orised to fish actively for bluefin tuna between 8 kg/75 cm and
30 kg/115 cm in the Mediterranean shall be limited as set out
in point 2 of Annex IV.
(f) guitarfishes (Rhinobatidae) in EU waters of ICES subareas I, II,
III, IV, V, VI, VII, VIII, IX, X and XII.
3. The number of EU vessels fishing for bluefin tuna in the
Adriatic Sea for farming purposes authorised to fish actively for
bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be
2. When
accidentally
caught,
species
referred
to
in
paragraph limited as set out in point 3 of Annex IV.
1 shall not be harmed. They shall be promptly released.
4. The number and total capacity in gross tonnage of fishing
Article 14
vessels authorised to fish for, retain on board, tranship,
transport, or land bluefin tuna in the eastern Atlantic and Medi
Data transmission
terranean shall be limited as set out in point 4 of Annex IV.
When, pursuant to Articles 33 and 34 of Regulation (EC) No
1224/2009, Member States submit to the Commission data
relating to the landings of quantities of stocks caught, they
5. The
number
of
traps
engaged
in
the
eastern
Atlantic
and
shall use the stock codes set out in Annex I to this Regulation.
Mediterranean bluefin tuna fishery shall be limited as set out in
point 5 of Annex IV.
CHAPTER II
Fishing authorisations in third-country waters
6. The
bluefin
tuna
farming
capacity,
the
fattening
capacity
and the maximum input of wild caught bluefin tuna allocated
Article 15
to the farms in the eastern Atlantic and Mediterranean shall be
limited as set out in point 6 of Annex IV.
Fishing authorisations
1. The
maximum
number
of
fishing
authorisations
for
EU
vessels fishing in waters of a third country is set out in Annex
Article 17
III.
Additional conditions to the bluefin tuna quota allocated in
Annex ID
2. Where one Member State transfers quota to another
In addition to the prohibition period provided for in
Member State (‘swap’) in the fishing areas set out in Annex III
Article 7(2) of Regulation (EC) No 302/2009, purse-seine
on the basis of Article 20(5) of Regulation (EC) No 2371/2002,
fishing for bluefin tuna shall be prohibited in the eastern
the transfer shall include an appropriate transfer of fishing auth
Atlantic and Mediterranean from 15 April to 15 May 2012.
orisations and shall be notified to the Commission. However,
the total number of fishing authorisations for each fishing area,
as set out in Annex III, shall not be exceeded.
Article 18
( 1 ) Council Regulation (EU) No 43/2012 of 18 January 2012 fixing for
Recreational and sport fisheries
2012 the fishing opportunities available to EU vessels for certain fish
Member States shall allocate a specific quota of bluefin tuna for
stocks and groups of fish stocks which are not subject to inter
national negotiations or agreements (see page 1 of this Official
recreational and sport fisheries from their quotas allocated in
Journal).
Annex ID.

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Article 19
necessary to determine fishery potential and to avoid over-
concentration of catch and fishing effort. However, fishing in
Sharks
FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1,
1. Retaining
on
board,
transhipping
or
landing
any
part
or 58.4.2 and 58.4.3a shall be prohibited in depths less than
whole carcass of bigeye thresher sharks (Alopias superciliosus) in
550 m.
any fishery shall be prohibited.
Article 22
2. It
shall
be
prohibited
to
undertake
a
directed
fishery
for
species of thresher sharks of the genus Alopias.
Krill fishery during the 2012/2013 fishing season
1. Only
those
Member
States
which
are
members
of
the
CCAMLR Commission may fish for krill (Euphausia superba) in
3. Retaining
on
board,
transhipping
or
landing
any
part
or the CCAMLR Convention Area during the 2012/2013 fishing
whole carcass of hammerhead sharks of the family Sphyrnidae
season. If such a Member State intends to fish for krill in the
(except for the Sphyrna tiburo) in association with fisheries in the
CCAMLR Convention Area, it shall notify the CCAMLR Secre
ICCAT Convention Area shall be prohibited.
tariat, in accordance with Article 5a of Regulation (EC) No
601/2004, and the Commission, and in any case no later
4. Retaining
on
board,
transhipping
or
landing
any
part
or than 1 June 2012:
whole carcass of oceanic whitetip sharks (Carcharhinus
longimanus) taken in any fishery shall be prohibited.
(a) of its intention to fish for krill, using the format laid down
in Annex V, Part C;
5. Retaining
on
board
silky
sharks
(Carcharhinus falciformis)
taken in any fishery shall be prohibited.
(b) of the net configuration form, using the format laid down
in Annex V, Part D.
S e c t i o n 2
C C A M L R C o n v e n t i o n A r e a
2. The
notification
referred
to
in
paragraph
1
of
this
Article
Article 20
shall include the information provided for in Article 3 of Regu
Prohibitions and catch limitations
lation (EC) No 601/2004 for each vessel to be authorised by the
Member State to participate in the krill fishery.
1. Direct
fishing
of
the
species
set
out
in
Annex
V,
Part
A,
shall be prohibited in the zones and during the periods set out
therein.
3. A
Member
State
intending
to
fish
for
krill
in
the
CCAMLR
Convention Area shall only notify its intention to do so in
respect of authorised vessels either flying its flag at the time
2. For
exploratory
fisheries,
the
TACs
and
by-catch
limits
set of the notification or flying the flag of another CCAMLR
out in Annex V, Part B, shall apply in the subareas set out
member that are expected, at the time the fishery takes place,
therein.
to be flying the flag of that Member State.
Article 21
4. Member
States
shall
be
entitled
to
authorise
participation
Exploratory fisheries
in a krill fishery by vessels other than those notified to
CCAMLR Secretariat in accordance with paragraphs 1, 2 and
1. Only those Member States which are members of the
3 of this Article, if an authorised vessel is prevented from
CCAMLR Commission may participate in longline exploratory
participation due to legitimate operational reasons or force
fisheries for Dissostichus spp. in FAO Subareas 88.1 and 88.2 as
majeure. In such circumstances the Member States concerned
well as in Divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of
shall immediately inform the CCAMLR Secretariat and the
national jurisdiction in 2012. If such a Member State intends to
Commission, providing:
participate in such fisheries, it shall notify the CCAMLR Secre
tariat in accordance with Articles 7 and 7a of Regulation (EC)
No 601/2004 and in any case no later than 1 June 2012.
(a) full details of the intended replacement vessel(s), including
information provided for in Article 3 of Regulation (EC) No
2. With regard to FAO Subareas 88.1 and 88.2 as well as
601/2004;
Divisions 58.4.1,58.4.2 and 58.4.3a TACs and by-catch limits
per subarea and division, and their distribution among Small
Scale Research Units (SSRUs) within each of them, shall be as
(b) a comprehensive account of the reasons justifying the
set out in Annex V, Part B. Fishing in any SSRU shall cease
replacement and any relevant supporting evidence or
when the reported catch reaches the specified TAC, and the
references.
SSRU shall be closed to fishing for the remainder of the season.
5. Member
States
shall
not
authorise
a
vessel
on
either
of
the
3. Fishing
shall
take
place
over
as
large
a
geographical
and CCAMLR illegal, unreported and unregulated (IUU) Vessel Lists
bathymetric range as possible to obtain the information
to participate in krill fisheries.

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S e c t i o n 3
total 78 610 gross tonnage in that area in such manner that
sustainable exploitation of the pelagic fishery resources in the
I O T C C o n v e n t i o n A r e a
South Pacific is ensured.
Article 23
Limitation of fishing capacity of vessels fishing in the IOTC
Article 26
Convention Area
Pelagic fisheries — TACs
1. The
maximum
number
of
EU
vessels
fishing
for
tropical
tunas in the IOTC Convention Area and the corresponding
1. Only
Member
States
having
actively
exercised
pelagic
capacity in gross tonnage shall be as set out in point 1 of
fisheries activities in the SPRFMO Convention Area in 2007,
Annex VI.
2008 or 2009, as specified in Article 25, may fish for pelagic
stocks in that area in accordance with the TACs set out in
Annex IJ.
2. The maximum number of EU vessels fishing for swordfish
(Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC
Convention Area and the corresponding capacity in gross
2. Member
States
shall
notify
the
Commission
on
a
monthly
tonnage shall be as set out in point 2 of Annex VI.
basis of the names and characteristics, including gross tonnage,
of vessels flying their flag engaged in the fishery referred to in
this Article.
3. Member
States
may
re-allocate
vessels
assigned
to
one
of
the two fisheries referred to in paragraphs 1 and 2 to the other
fishery, provided that they can demonstrate to the Commission
3. For the purpose of monitoring the fishery referred to in
that this change does not lead to an increase of fishing effort on
this Article, Member States shall send to the Commission, in
the fish stocks involved.
order to communicate them to the SPRFMO Interim Secretariat,
records from vessel monitoring systems (VMS), monthly catch
reports and, where available, port calls at the latest by the 15th
day of the following month.
4. Member
States
shall
ensure
that,
where
there
is
a
proposed
transfer of capacity to their fleet, vessels to be transferred are on
the IOTC Record of Vessels or on the record of vessels of other
tuna regional fisheries organisations. Furthermore, no vessels
Article 27
featuring on the list of vessels engaged in IUU fishing activities
Bottom fisheries
(IUU vessels) of any RFMO may be transferred.
Member States with a track record in bottom fishing effort or
catch in the SPRFMO Convention Area over the period from
1 January 2002 to 31 December 2006 shall limit their effort or
5. In
order
to
take
into
account
the
implementation
of
the catch to:
development plans submitted to the IOTC, Member States may
only increase their fishing capacity beyond the ceilings referred
to in paragraphs 1 and 2 within the limits set out in those
plans.
(a) the average level of catches or effort parameters over that
period; and
Article 24
(b) only those parts of the SPRFMO Convention Area where
Sharks
bottom fisheries has occurred in any previous fishing
season.
1. Retaining
on
board,
transhipping
or
landing
any
part
or
whole carcass of thresher sharks of all the species of the family
Alopiidae in any fishery shall be prohibited.
S e c t i o n 5
I A T T C C o n v e n t i o n A r e a
2. When
accidentally
caught,
species
referred
to
in
paragraph
Article 28
1 shall not be harmed. They shall be promptly released.
Purse-seine fisheries
1. The
fishing
by
purse-seine
vessels
for
yellowfin
tuna
S e c t i o n 4
(Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack
tuna (Katsuwonus pelamis) shall be prohibited:
S P R F M O C o n v e n t i o n A r e a
Article 25
(a) from 29 July to 28 September 2012 or from 18 November
Pelagic fisheries — capacity limitation
2012 to 18 January 2013 in the area defined by the
Member States having actively exercised pelagic fisheries
following limits:
activities in the SPRFMO Convention Area in 2007, 2008 or
2009 shall limit the total level of gross tonnage of vessels flying
their flag and fishing for pelagic stocks in 2012 to the levels of
— the Pacific coastlines of the Americas,

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— longitude 150° W,
S e c t i o n 6
S E A F O C o n v e n t i o n A r e a
— latitude 40° N,
Article 29
Prohibition of fishing for deep water sharks
— latitude 40° S;
Directed fishing for the following deep water sharks in the
SEAFO Convention Area shall be prohibited:
(b) from 29 September to 29 October 2012 in the area defined
by the following limits:
— skates (Rajidae),
— longitude 96° W,
— longitude 110° W,
— spiny dogfish (Squalus acanthias),
— latitude 4° N,
— blurred smooth lanternshark (Etmopterus bigelowi),
— latitude 3° S.
— shorttail lanternshark (Etmopterus brachyurus),
2. The Member States concerned shall notify the
Commission of the selected period of closure referred to in
paragraph 1 before 1 April 2012. All the purse-seine vessels
— great lanternshark (Etmopterus princeps),
of the Member States concerned shall stop purse-seine fishing in
the areas defined in paragraph 1 during the selected period.
— smooth lanternshark (Etmopterus pusillus),
3. Purse-seine vessels fishing for tuna in the IATTC
Convention Area shall retain on board and then land or
tranship all yellowfin, bigeye and skipjack tuna caught.
— ghost catshark (Apristurus manis),
4. Paragraph
3
shall
not
apply
in
the
following
cases:
— velvet dogfish (Scymnodon squamulosus),
(a) where the fish is considered unfit for human consumption
for reasons other than size; or
— and deep-sea sharks of super-order Selachimorpha.
(b) during the final set of a trip when there may be insufficient
well space remaining to accommodate all the tuna caught in
that set.
S e c t i o n 7
W C P F C C o n v e n t i o n A r e a
5. It
shall
be
prohibited
to
fish
for
oceanic
whitetip
sharks
Article 30
(Carcharhinus longimanus) in the IATTC Convention Area, and to
retain on board, to tranship, to store, to offer to sell, to sell or
Fishing effort limitations for bigeye tuna, yellowfin tuna,
to land any part or whole carcass of oceanic whitetip sharks in
skipjack tuna and south Pacific albacore
that area.
Member States shall ensure that the total fishing effort for
bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares),
6. When
accidentally
caught,
the
species
referred
to
in skipjack tuna (Katsuwonus pelamis) and south Pacific albacore
paragraph 5 shall not be harmed. It shall be promptly
(Thunnus alalunga) in the WCPFC Convention Area is limited
released by vessel operators, who shall also:
to the fishing effort provided for in fisheries partnership
agreements between the Union and coastal States in that region.
(a) record the number of releases with indication of status
(dead or alive);
Article 31
Closed area for FAD fishing
(b) report the information specified in paragraph (a) to the
Member State of which they are nationals. Member States
1. In
the
part
of
the
WCPFC
Convention
Area
located
shall transmit this information to the Commission by
between 20° N and 20° S, fishing activities of purse-seine
31 January 2013.
vessels making use of fish aggregating devices (FADs) shall be

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prohibited between 00:00 hours of 1 July 2012 and 24:00
Article 32
hours of 30 September 2012. During that period, a purse-
seine vessel may only engage in fishing operations within that
Closed areas for purse-seine fisheries
part of the WCPFC Convention Area if it carries onboard an
The fishing by purse-seine vessels for bigeye tuna and yellowfin
observer to monitor that at no time does the vessel:
tuna shall be prohibited in the following high seas areas:
(a) deploy or service a FAD or associated electronic device;
(a) the international waters enclosed by the boundaries of the
EEZ of Indonesia, Palau, Micronesia and Papua New Guinea;
(b) fish on schools in association with FADs.
(b) the international waters enclosed by the boundaries of the
EEZ of Micronesia, Marshall Islands, Nauru, Kiribati, Tuvalu,
Fiji, Solomon Islands and Papua New Guinea.
2. All purse-seine vessels fishing in the part of the WCPFC
Convention Area referred to in paragraph 1 shall retain onboard
and land or tranship all bigeye, yellowfin and skipjack tuna
Article 33
caught.
Limitations to the number of EU vessels authorised to fish
swordfish
3. Paragraph
2
shall
not
apply
in
the
following
cases:
The maximum number of EU vessels authorised to fish for
swordfish (Xiphias gladius) in areas south of 20° S of the
WCPFC Convention Area shall be as indicated in Annex VII.
(a) in the final set of a trip, if the vessel has insufficient well
space left to accommodate all fish;
S e c t i o n 8
B e r i n g S e a
(b) where the fish is unfit for human consumption for reasons
Article 34
other than size; or
Prohibition on fishing in the high seas of the Bering Sea
Fishing for pollock (Theragra chalcogramma) in the high seas of
(c) when a serious malfunction of freezer equipment occurs.
the Bering Sea shall be prohibited.
TITLE III
FISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN EU WATERS
Article 35
(a) basking shark (Cetorhinus maximus) and white shark
(Carcharodon carcharias) in all EU waters;
TACs
Fishing vessels flying the flag of Norway and fishing vessels
registered in the Faroe Islands shall be authorised to make
(b) angel shark (Squatina squatina) in all EU waters;
catches in EU waters within the TACs set out in Annex I to
this Regulation and subject to the conditions provided for in
this Title and Chapter III of Regulation (EC) No 1006/2008.
(c) common skate (Dipturus batis) in EU waters of ICES division
IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
Article 36
Fishing authorisations
1. The
maximum
number
of
fishing
authorisations
for
third- (d) undulate ray (Raja undulata) and white skate (Rostroraja alba)
country vessels fishing in EU waters is laid down in Annex VIII.
in EU waters of ICES subareas VI, VII, VIII, IX and X;
2. Fish
from
stocks
for
which
TACs
are
fixed
shall
not
be
retained on board or landed unless the catches have been taken
(e) porbeagle (Lamna nasus) in all EU waters; and
by third-country vessels having a quota and that quota is not
exhausted.
(f) guitarfishes (Rhinobatidae) in EU waters of ICES subareas I, II,
Article 37
III, IV, V, VI, VII, VIII, IX, X and XII.
Prohibitions
1. It
shall
be
prohibited
for
third-country
vessels
to
fish
for, 2. When
accidentally
caught,
species
referred
to
in
paragraph
to retain on board, to tranship or to land the following species:
1 shall not be harmed. They shall be promptly released.

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L 25/68
EN
Official Journal of the European Union
27.1.2012
TITLE IV
FINAL PROVISIONS
Article 38
Article 39
Committee procedure
Entry into force and application
1. The
Commission
shall
be
assisted
by
the
Committee
for This Regulation shall enter into force on the day following its
fisheries and aquaculture established by Regulation (EC) No
publication in the Official Journal of the European Union.
2371/2002. That committee shall be a committee within the
meaning of Regulation (EU) No 182/2011.
It shall apply from 1 January 2012.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of However, Article 9 shall apply from 1 February 2012.
Regulation (EU) No 182/2011 shall apply.
The fishing opportunities or prohibitions for the CCAMLR
Convention Area set out in Articles 20, 21 and 22 and
3. Where
reference
is
made
to
this
paragraph,
Article
8
of Annexes IE and V shall apply with effect from the beginning
Regulation (EU) No 182/2011, in conjunction with Article 5
of the respective periods of application specified for those
thereof, shall apply.
fishing opportunities or prohibitions.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 January 2012.
For the Council
The President
N. WAMMEN

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EN
27.1.2012 Official
Journal
of
the
European
Union L
25/69
LIST OF ANNEXES
ANNEX I:
TACs applicable to EU vessels in areas where TACs exist by species and by area
ANNEX IA: Skagerrak,
Kattegat,
ICES
subareas
I,
II,
III,
IV,
V,
VI,
VII,
VIII,
IX,
X,
XII
and
XIV,
EU
waters
of
CECAF
ANNEX IB: North East Atlantic and Greenland, ICES subareas
I, II, V, XII and XIV and Greenland waters of
NAFO 0 and 1
ANNEX IC: North
West
Atlantic
—
NAFO
Convention
Area
ANNEX ID: Highly
migratory
fish
—
all
areas
ANNEX IE: Antarctic
—
CCAMLR
Convention
Area
ANNEX IF: South-East
Atlantic
Ocean
—
SEAFO
Convention
Area
ANNEX IG: Southern
bluefin
tuna
—
all
areas
ANNEX IH: WCPFC
Convention
Area
ANNEX IJ: SPRFMO
Convention
Area
ANNEX IIA: Fishing effort for vessels in the context of the management of certain cod, plaice and sole stocks in the
Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat, ICES subarea IV,
EU waters of ICES division IIa and ICES division VIId
ANNEX IIB: Fishing opportunities for vessels fishing for sandeel in ICES divisions IIa, IIIa and ICES subarea IV
ANNEX III: Maximum
number
of
fishing
authorisations
for
EU
vessels
in
third-country
waters
ANNEX IV: ICCAT
Convention
Area
ANNEX V: CCAMLR
Convention
Area
ANNEX VI: IOTC
Convention
Area
ANNEX VII: WCPFC Convention Area
ANNEX VIII: Quantitative limitations of fishing authorisations for third-country vessels fishing in EU waters

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L 25/70
EN
Official Journal of the European Union
27.1.2012
ANNEX I
TACs APPLICABLE TO EU VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA
The tables in Annexes IA, IB, IC, ID, IE, IF, IG, IH and IJ set out the TACs and quotas (in tonnes live weight, except where
otherwise specified) by stock, and conditions functionally linked thereto, where appropriate. All fishing opportunities set
out in this Annex shall be subject to the rules set out in Regulation (EC) No 1224/2009, and in particular Articles 33 and
34 thereof.
The references to fishing zones are references to ICES zones, unless otherwise specified. Within each area, 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
Amblyraja radiata RJR Starry
ray
Ammodytes spp. SAN Sandeels
Argentina silus ARU Greater
silver
smelt
Beryx spp. ALF Alfonsinos
Brosme brosme USK Tusk
Caproidae BOR Boarfish
Centrophorus squamosus GUQ Leafscale
gulper
shark
Centroscymnus coelolepis CYO Portuguese
dogfish
Chaceon maritae CGE Deep
sea
red
crab
Champsocephalus gunnari ANI Antarctic
icefish
Chionoecetes spp. PCR Snow
crab
Clupea harengus HER Herring
Coryphaenoides rupestris RNG Roundnose
grenadier
Dalatias licha SCK Kitefin
shark
Deania calcea DCA Birdbeak
dogfish
Dipturus batis RJB Common
skate
Dissostichus eleginoides TOP Patagonian
toothfish
Dissostichus mawsoni TOA Antarctic
toothfish
Engraulis encrasicolus ANE Anchovy
Etmopterus princeps ETR Great
lanternshark
Etmopterus pusillus ETP Smooth
lanternshark
Euphausia superba KRI Krill
Gadus morhua COD Cod
Galeorhinus galeus GAG Tope
shark
Glyptocephalus cynoglossus WIT Witch
flounder
Hippoglossoides platessoides PLA American
plaice
Hippoglossus hippoglossus HAL Atlantic
halibut

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EN
27.1.2012 Official
Journal
of
the
European
Union L
25/71
Scientific name Alpha-3
code Common
name
Hoplostethus atlanticus ORY Orange
roughy
Illex illecebrosus SQI Shortfin
squid
Lamna nasus POR Porbeagle
Lepidonotothen squamifrons NOS Grey
rockcod
Lepidorhombus spp. LEZ Megrims
Leucoraja circularis RJI Sandy
ray
Leucoraja fullonica RJF Shagreen
ray
Leucoraja naevus RJN Cuckoo
ray
Limanda ferruginea YEL Yellowtail
flounder
Limanda limanda DAB Dab
Lophiidae ANF Anglerfish
Macrourus spp. GRV Grenadiers
Makaira nigricans BUM Blue
marlin
Mallotus villosus CAP Capelin
Martialia hyadesi SQS Squid
Melanogrammus aeglefinus HAD Haddock
Merlangius merlangus WHG Whiting
Merluccius merluccius HKE Hake
Micromesistius poutassou WHB Blue
whiting
Microstomus kitt LEM Lemon
sole
Molva dypterygia BLI Blue
ling
Molva molva LIN Ling
Nephrops norvegicus NEP Norway
lobster
Pandalus borealis PRA Northern
prawn
Paralomis spp. PAI Crabs
Penaeus spp. PEN ‘Penaeus’
shrimps
Platichthys flesus FLE Flounder
Pleuronectes platessa PLE Plaice
Pleuronectiformes FLX Flatfish
Pollachius pollachius POL Pollack
Pollachius vire