Legal provisions of COM(2011)799 - Fixing for 2012 of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Black Sea

Please note

This page contains a limited version of this dossier in the EU Monitor.


CHAPTER I - SCOPE AND DEFINITIONS

Article 1 - Subject matter

This Regulation fixes fishing opportunities for 2012 for certain fish stocks and groups of fish stocks in the Black Sea.

Article 2 - Scope

This Regulation shall apply to EU vessels operating in the Black Sea.

Article 3 - Definitions

For the purposes of this Regulation the following definitions shall apply:

(a)‘GFCM’ means General Fisheries Commission for the Mediterranean;

(b)‘Black Sea’ means the GFCM geographical sub-area as defined in resolution GFCM/33/2009/2;

(c)‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(d)‘total allowable catch’ (TAC) means the quantity that can be taken from each stock each year;

(e)‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country.

CHAPTER II - FISHING OPPORTUNITIES

Article 4 - TACs and allocations

The TACs, the allocation of such TACs among Member States, and conditions functionally linked thereto, where appropriate, are set out in the Annex.

Article 5 - Special provisions on allocations

The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:

(a)exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

(b)reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;

(c)additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96;

(d)quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

(e)deductions made pursuant to Articles 37, 105 and 107 of Regulation (EC) No 1224/2009.

Article 6 - Conditions for landing catches and by-catches

Fish from stocks for which TACs are established shall be retained on board or landed only if:

(a)the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or

(b)the catches consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.

CHAPTER III - FINAL PROVISIONS

Article 7 - Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in the Annex to this Regulation.

Article 8 - Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.