Council Regulation (EC) No 718/2008 of 24 July 2008 amending Regulations (EC) No 2015/2006 and (EC) No 40/2008, as regards fishing opportunities and associated conditions for certain fish stocks
Council Regulation (EC) No 718/2008of 24 July 2008amending Regulations (EC) No 2015/2006 and (EC) No 40/2008, as regards fishing opportunities and associated conditions for certain fish stocks THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries PolicyOJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1)., and in particular Article 20 thereof,Having regard to Council Regulation (EC) No 1559/2007 of 17 December 2007 establishing a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and MediterraneanOJ L 340, 22.12.2007, p. 8., and in particular Article 7 thereof,Having regard to the proposal from the Commission,Whereas:(1)Council Regulation (EC) No 2015/2006OJ L 384, 29.12.2006, p. 28. Regulation as last amended by Commission Regulation (EC) No 1541/2008 (OJ L 157, 17.6.2008, p. 23). fixes for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks.(2)The descriptions of certain fishing zones in that Regulation should be clarified in order to ensure the correct identification of the area in which a quota can be fished.(3)In order to ensure that the multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean established by Council Regulation (EC) No 1559/2007 is fully implemented, certain measures provided for in that Regulation should be adopted; in particular, the number of vessels authorised to fish for bluefin tuna of below the minimum size in the Atlantic, and their total allowable catch, should be fixed and distributed between the Member States concerned.(4)Council Regulation (EC) No 40/2008OJ L 19, 23.1.2008, p. 1. Regulation as last amended by Commission Regulation (EC) No 641/2008 (OJ L 178, 5.7.2008, p. 17). fixes for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required. The coordinates for certain fisheries restrictive areas were inaccurately indicated in that Regulation and should be corrected.(5)Annex IA to Regulation (EC) No 40/2008 lays down the provisional catch limits for cod in International Council for the Exploration of the Sea (ICES) zones VIIb-k, VIII, IX and X and in EC waters of CECAF area 34.1.1. Following a new scientific assessment of the state of that stock by the ICES, it is important to set the final total allowable catch for that stock.(6)Certain quotas and footnotes were inaccurately indicated in that Regulation for certain species and should be corrected.(7)Pursuant to consultations between the Community and Iceland on 10 April 2008, an arrangement was reached on capelin quotas for Icelandic vessels to be fished from the Community quota allocated under its Agreement with the Government of Denmark and the local Government of Greenland before 30 April 2008, and on redfish quotas for Community vessels fishing for redfish in the Icelandic Exclusive Economic Zone to be fished between July and December. That arrangement should be implemented in Community law.(8)The Agreement established between the European Community, the Faeroe Islands, Greenland, Iceland, Norway and the Russian Federation in Copenhagen on 13 and 14 February 2008 regarding the management of redfish in the Irminger Sea and adjacent waters in the NEAFC Convention Area in 2008 should be implemented in Community law. As the Agreement is applicable for the whole of 2008, the measures adopted for its implementation should apply retroactively from 1 January 2008.(9)The conclusions of the EU-Greenland Joint Committee meeting in Nuuk on 27 November 2007 and the technical meeting in Copenhagen on 12 February 2008, as regards the EC share of redfish in Greenland waters of ICES zones V and XIV should be implemented in Community law. As the arrangement concluded with Greenland is connected to the NEAFC Agreement on management of redfish in the Irminger Sea, the measures adopted for the implementation of the conclusions of the EU-Greenland Joint Committee meeting should also apply retroactively from 1 January 2008.(10)In accordance with the Agreed Record of conclusions of fisheries consultations between the European Community and Norway of 26 November 2007, the Community is to undertake trials in 2008 on technical measures for towed gears to reduce the proportion, in number, of cod that is discarded to no more than 10 %. That arrangement should be implemented in Community law.(11)In order to ensure certainty for the fishermen concerned and to allow them to plan their activities for this fishing season as soon as possible, it is imperative to grant an exception to the six-week period referred to in Title I, Article 3, of the Protocol on the role of national Parliaments in the European Union annexed to the Treaty on the European Union and to the Treaties establishing the European Communities.(12)Regulations (EC) No 2015/2006 and (EC) No 40/2008 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION:
Article 1Amendments to Regulation (EC) No 2015/2006Part 2 of the Annex to Regulation (EC) No 2015/2006 is hereby amended in accordance with Annex I to this Regulation.
Article 2Amendments to Regulation (EC) No 40/2008Regulation (EC) No 40/2008 is hereby amended as follows:1.Point (a) of Article 30(1) shall be replaced by the following:"(a)Deep Sea fisheries restricted area "Lophelia reef off Capo Santa Maria di Leuca"39° 27,72′ N, 18° 10,74′ E39° 27,80′ N, 18° 26,68′ E39° 11,16′ N, 18° 32,58′ E39° 11,16′ N, 18° 04,28′ E".2.The following Articles shall be inserted after Article 82:
"Article 82aMaximum number of vessels fishing bluefin tuna in the Eastern Atlantic1.The maximum number of Community bait boats and trolling boats authorised to fish bluefin tuna of a minimum size of 8 kg or 75 cm in the Eastern Atlantic, and the allocation among the Member States of that maximum number shall be fixed as follows:
Spain63
France44
EC107
2.The maximum number of Community pelagic trawlers authorised to fish bluefin tuna of a minimum size of 8 kg or 75 cm as a bycatch in the Eastern Atlantic, and the allocation of that maximum number among the Member States, shall be fixed as follows:
France107
EC107
Article 82bCatch limits for bluefin tuna in the Eastern Atlantic1.Within the catch limits laid down in Annex ID, the catch limit for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm applicable to authorised Community vessels referred to in Article 82a, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes):
Including a maximum of 80 tonnes of by-catches for trolling boats.
Spain1117,07
France504
EC1621,07
2.Within the catch limits laid down in paragraph 1, the catch limit for bluefin tuna weighing no less than 6,4 kg or measuring no less than 70 cm applicable to bait boats of an overall length of less than 17 metres among the Community vessels referred to in Article 82a, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes):
This quantity may be altered by the Commission, up to an amount of 200 tonnes.
France45
EC45
Article 82cCatch limits for bluefin tuna in the Eastern Atlantic applicable to the Community coastal fisheryWithin the catch limits laid down in Annex ID, the catch limit for bluefin tuna between and 8 kg and 30 kg allocated to the Community coastal fishery for fresh fish in the Eastern Atlantic, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes):
Spain263,21
France61,01
EC324,22"
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Including a maximum of 80 tonnes of by-catches for trolling boats.This quantity may be altered by the Commission, up to an amount of 200 tonnes.3.Annexes IA, IB, III and XIV to Regulation (EC) No 40/2008 shall be amended in accordance with Annex II to this Regulation.
Article 3Entry into forceThis Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.However, Article 2, as regards the amendments set out in Annex II(2)(b) and (c) to this Regulation shall apply from 1 January 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 24 July 2008.For the CouncilThe PresidentB. HortefeuxANNEX IIn the Annex to Regulation (EC) No 2015/2006, Part 2 is hereby amended as follows:The entry concerning the species Orange roughy in EC waters and waters not under the sovereignty or jurisdiction of third countries of ICES zones I, II, III, IV, V, VIII, IX, X, XI, XII and XIV shall be replaced by the following:
"SpeciesOrange roughyHoplostethus atlanticusZoneEC waters and waters not under the sovereignty or jurisdiction of third countries I, II, III, IV, V, VIII, IX, X, XII and XIV
Year20072008
Spain43
France2315
Ireland64
Portugal75
United Kingdom43
EC4430"
ANNEX IIThe Annexes to Regulation (EC) No 40/2008 are hereby amended as follows:1.In Annex IA:(a)The entry concerning the species Cod in VIIb-k, VIII, IX and X and in EC waters of CECAF area 34.1.1 shall be replaced by the following:
"SpeciesCodGadus morhuaZoneVIIb-k, VIII, IX and X; EC waters of CECAP area 34.1.1COD/7X7A34
Belgium217Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5(2) of Regulation (EC) No 847/96 applies."
France3725
Ireland797
Netherlands31
United Kingdom404
EC5174
TAC5174
(b)The entry concerning the species Blue whiting in EC waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° W shall be replaced by the following:
To be counted against Norway's catch limits established under the Coastal States arrangement.The catch in zone IV shall be no more than 49067 tonnes.To be counted against the catch limits of the Faeroe Islands established under the Coastal States arrangement.May also be fished in zone VIb. The catch in zone IV shall be no more than 7750 tonnes."
"SpeciesBlue whitingMicromesistius poutassouZoneEC waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° WWHB/24A567
Norway196269Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5(2) of Regulation (EC) No 847/96 applies.
Faeroe Islands31000
TAC1266282
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To be counted against Norway's catch limits established under the Coastal States arrangement.The catch in zone IV shall be no more than 49067 tonnes.To be counted against the catch limits of the Faeroe Islands established under the Coastal States arrangement.May also be fished in zone VIb. The catch in zone IV shall be no more than 7750 tonnes."2.In Annex IB:(a)the entry concerning the species Capelin in Greenland waters of ICES zones V and XIV shall be replaced by the following:
Of which 23716 tonnes are allocated to Iceland.To be fished before 30 April 2008.";
"SpeciesCapelanMallotus villosusZoneGreenland waters of zones V and XIVCAP/514GRN
All Member States0
EC23716
TACNot relevant
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Of which 23716 tonnes are allocated to Iceland.To be fished before 30 April 2008.";(b)the entry concerning the species Redfish in EC and international waters of ICES zone V and international waters of ICES zones XII and XIV shall be replaced by the following:
No more than 65 % of the quota can be taken North of 59° N and East of 36° W during the period from 1 April to 15 July 2008. No more than 30 % of the catch limits can be taken North of 59° N and East of 36° W during the period 1 April to 10 May 2008.";
"SpeciesRedfishSebastes spp.ZoneEC and international waters of V; international waters of XII and XIVRED/51214.
Estonia210Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5(2) of Regulation (EC) No 847/96 applies.
Germany4266
Spain749
France398
Ireland1
Latvia76
Netherlands2
Poland384
Portugal896
United Kingdom10
EC6992
TAC46000
----------------------
No more than 65 % of the quota can be taken North of 59° N and East of 36° W during the period from 1 April to 15 July 2008. No more than 30 % of the catch limits can be taken North of 59° N and East of 36° W during the period 1 April to 10 May 2008.";(c)the entry concerning the species Redfish in Greenland waters of ICES zones V and XIV shall be replaced by the following:
May only be fished by pelagic trawl. May be fished East or West. The quota may be taken in the NEAFC Regulatory Area on the condition that Greenlandic reporting conditions are fulfilled.3500 tonnes to be fished with pelagic trawl are allocated to Norway and 200 tonnes are allocated to the Faeroe Islands.";
"SpeciesRedfishSebastes spp.ZoneGreenland waters of V and XIVRED/514GRN
Germany4248Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5(2) of Regulation (EC) No 847/96 applies.
France22
United Kingdom30
EC8000
TACNot relevant
----------------------
May only be fished by pelagic trawl. May be fished East or West. The quota may be taken in the NEAFC Regulatory Area on the condition that Greenlandic reporting conditions are fulfilled.3500 tonnes to be fished with pelagic trawl are allocated to Norway and 200 tonnes are allocated to the Faeroe Islands.";(d)the entry concerning the species Redfish in Icelandic waters of ICES zone Va shall be replaced by the following:
Including unavoidable by-catches (by-catches of cod not permitted).To be fished between July and December."
"SpeciesRedfishSebastes spp.ZoneIcelandic waters of VaRED/05A-IS
Belgium100Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5(2) of Regulation (EC) No 847/96 applies.
Germany1690
France50
United Kingdom1160
EC3000
TACNot relevant
----------------------
Including unavoidable by-catches (by-catches of cod not permitted).To be fished between July and December."3.In Annex III:(a)A new point shall be inserted after point 9:"9a.Reduction of cod discards in the North Sea.1.Member States which hold a cod quota shall undertake trials in 2008 on technical measures for towed gears to reduce the proportion, in number, of cod that is discarded to no more than 10 %.2.Member States shall make the results of the trials laid down in point 9a.1 available to the Commission before 31 December 2008."(b)In point 13.1 the coordinates for the "Hatton Bank" shall be replaced by the following:"Hatton Bank:59° 26′ N, 14° 30′ W59° 12′ N, 15° 08′ W59° 01′ N, 17° 00′ W58° 50′ N, 17° 38′ W58° 30′ N, 17° 52′ W58° 30′ N, 18° 22′ W58° 03′ N, 18° 22′ W58° 03′ N, 17° 30′ W57° 55′ N, 17° 30′ W57° 45′ N, 19° 15′ W58° 30′ N, 18° 45′ W58° 47′ N, 18° 37′ W59° 05′ N, 17° 32′ W59° 16′ N, 17° 20′ W59° 22′ N, 16° 50′ W59° 21′ N, 15° 40′ W"4.In Annex XIV:In the text reproducing Appendix 3 to Resolution GFMC/31/2007/2, the geographical coordinates for GFCM Geographical Sub-Area (GSA) number 2 shall be replaced by the following:"36° 05′ N 3° 20′ W36° 05′ N 2° 40′ W35° 45′ N 2° 40′ W35° 45′ N 3° 20′ W."