Legal provisions of COM(2012)579 - Fixing for 2013 and 2014 of the fishing opportunities for EU vessels for certain deep-sea fish stocks

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Article 1 - Subject matter

This Regulation fixes for the years 2013 and 2014 the annual fishing opportunities available to EU vessels for fish stocks of certain deep-sea species in EU waters and in certain non-EU waters where catch limits are required.

Article 2 - Definitions

1. For the purposes of this Regulation, the following definitions shall apply:

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

(b)‘EU waters’ means the waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the territories mentioned in Annex II to the Treaty;

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

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

(e)‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State.

2. For the purposes of this Regulation, the following zone definitions shall apply:

(a)ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council (5);

(b)CECAF (Committee for Eastern Central Atlantic Fisheries) zones are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council (6).

Article 3 - TACs and allocations

The TACs for deep-sea species caught by EU vessels in EU waters or in certain non-EU waters, the allocation of such TACs among Member States and the conditions functionally linked thereto, where appropriate, are set out in the Annex to this Regulation.

Article 4 - Special provisions on allocations of fishing opportunities

1. 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)deductions and reallocations made pursuant to Article 37 of Council Regulation (EC) No 1224/2009 (7) or pursuant to Article 10(4) of Council Regulation (EC) No 1006/2008 (8);

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

(d)quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96;

(e)deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.

2. Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC whereas Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC, except where otherwise specified in the Annex to this Regulation.

Article 5 - Conditions for landing catches and by-catches

Fish from stocks for which TACs are established shall be retained on board or landed only if the catches have been taken by vessels flying the flag of a Member State having a quota and that quota is not exhausted.

Article 6 - 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 2013.

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