Council Regulation (EC) No 1359/2008

law://eu/reg/2008/1359@2026-11-13

Contents

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 policy^note, and in particular Article 20 thereof,Having regard to the proposal of the Commission,Whereas:

(1)Under Article 4 of Regulation (EC) No 2371/2002 the Council is to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking into account available scientific advice and any advice received from Regional Advisory Councils established under Article 31 of that Regulation.

(2)Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunities by fishery or group of fisheries and to allocate them in accordance with prescribed criteria.

(3)The latest scientific advice from the International Council for the Exploration of the Sea (ICES) concerning certain stocks of fish found in the deep sea indicates that those stocks are harvested unsustainably, and that fishing opportunities for those stocks should be reduced in order to assure their sustainability.

(4)The ICES has further advised that the exploitation rate of orange roughy in ICES subarea VII is much too high. Scientific advice further indicates that orange roughy in subarea VI is heavily depleted, and areas of vulnerable aggregations of that species have been identified. It is therefore appropriate to prohibit fishing for orange roughy in those areas.

(5)In accordance with Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks^note, the fishing opportunities for deep-sea species, as defined in Annex I to that Regulation, are decided on a bi-annual basis. Nevertheless, an exception is made for the stocks of greater silver smelt and blue ling for which the fishing opportunities depend on the outcome of the annual negotiations with Norway. The fishing possibilities for those stocks therefore remain to be established in the annual fishing opportunities regulation decided by the Council in December.

(6)In order to ensure effective management of quotas, the specific conditions under which fishing operations occur should be established.

(7)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^note, it is necessary to indicate which stocks are subject to the various measures fixed therein.

(8)The measures provided for in this Regulation should be fixed by reference to ICES zones as defined in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic^note and to CECAF zones (Committee for Eastern Central Atlantic Fisheries) as defined in Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic^note.

(9)The fishing opportunities should be used in accordance with the Community legislation on the matter, and in particular with Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish^note, Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels^note, Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy^note, Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits^note, Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms^note, Regulation (EC) No 2347/2002 and Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound^note.

(10)In order to ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2009. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in point I(3) of the Protocol on the role of national parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities,

HAS ADOPTED THIS REGULATION:

Article 1Subject-matter#

This Regulation fixes for the years 2009 and 2010 the annual fishing opportunities available to Community fishing vessels for stocks of deep-sea species in Community waters and in certain non-Community waters where catch limitations are required, and the specific conditions under which such fishing opportunities may be used.

Article 2Definitions#

1.For the purposes of this Regulation, ‘deep-sea fishing permit’ means the fishing permit referred to in Article 3 of Regulation (EC) No 2347/2002.

2.The definitions of ICES and CECAF zones are those given, respectively, in Regulation (EEC) No 3880/91 and Regulation (EC) No 2597/95.

Article 3Fixing of fishing opportunities#

Fishing opportunities for stocks of deep-sea species for Community vessels are fixed as set out in the Annex.

Article 4Allocation among Member States#

The allocation of fishing opportunities among Member States provided for in the Annex shall be without prejudice to:

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

(b)reallocations made pursuant to Articles 21(4) and 32(2) of Regulation (EEC) No 2847/93 and Article 23(4) of Regulation (EC) No 2371/2002;

(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 Article 5 of Regulation (EC) No 847/96 and Article 23(4) of Regulation (EC) No 2371/2002.

Article 5Quota flexibility#

For the purposes of Regulation (EC) No 847/96, all quotas in the Annex to the present Regulation shall be considered ‘Analytical’ quotas.However, the measures provided for in Article 5(2) of Regulation (EC) No 847/96 shall not apply to those quotas.

Article 6Conditions for landing catch and by-catch#

1.Fish from stocks for which fishing opportunities are fixed by this Regulation may be retained on board or landed only if they were taken by vessels of a Member State which has a quota which is not exhausted. All landings shall count against the quota.

2.Paragraph 1 shall not apply to catches taken in the course of scientific investigations carried out in accordance with Article 43 of Regulation (EC) No 850/98. Such catches shall not count against the quota.

Article 7Orange roughy#

1.Fishing for orange roughy shall be prohibited in the following sea areas:

(a)that sea area enclosed by rhumb lines sequentially joining the following positions:

57°00′ N, 11°00′ W

57°00′ N, 8°30′ W

56°23′ N, 8°30′ W

55°00′ N, 8°30′ W

55°00′ N, 11°00′ W

57°00′ N, 11°00′ W;

(b)that sea area enclosed by rhumb lines sequentially joining the following positions:

55°30′ N, 15°49′ W

53°30′ N, 14°11′ W

50°30′ N, 14°11′ W

50°30′ N, 15°49′ W;

(c)that sea area enclosed by rhumb lines sequentially joining the following positions:

55°00′ N, 13°51′ W

55°00′ N, 10°37′ W

54°15′ N, 10°37′ W

53°30′ N, 11°50′ W

53°30′ N, 13°51′ W.

Those positions and the corresponding rhumb lines and vessel positions shall be measured according to the WGS84 standard.

2.Vessels holding a deep-sea fishing permit that have entered the areas defined in paragraph 1 shall not retain on board or tranship any quantity of orange roughy, nor land any quantity of orange roughy at the end of that fishing trip unless:

(a)all gears carried on board are lashed and stowed during the transit in accordance with the conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93; or

(b)the average speed during transit is equal to, or greater than, 8 knots.

3.Member States shall ensure that vessels holding a deep-sea fishing permit are properly monitored by the Fisheries Monitoring Centres (FMC), which shall have a system to detect and record the vessels’ entry into, transit through and exit from the areas defined in paragraph 1.

Article 8Entry into force#

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.It shall apply from 1 January 2009.

PART 1 — Definition of Species and Species Groups

1.In the list set out in part 2 of this Annex, fish stocks are referred to following the alphabetical order of the Latin names of the species. However, deep-sea sharks are placed at the beginning of that list. A table of correspondences of common names and Latin names is given below for the purposes of this Regulation:Common name | Scientific nameBlack scabbardfish | Aphanopus carboAlfonsinos | Beryx spp.Roundnose grenadier | Coryphaenoides rupestrisOrange roughy | Hoplostethus atlanticusBlue ling | Molva dypterygiaRed seabream | Pagellus bogaraveoForkbeards | Phycis blennoides

PART 2 — Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and by area (in tonnes live weight)

All references are to ICES subareas and/or divisions unless otherwise stated.

SpeciesDeep-sea sharks	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII, VIII and IX (DWS/56789-)
Year	2009^note	2010^note
Germany	20	0
Estonia	1	0
Ireland	55	0
Spain	93	0
France	339	0
Lithuania	1	0
Poland	1	0
Portugal	127	0
United Kingdom	187	0
EC	824	0

SpeciesDeep-sea sharks	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of X (DWS/10-)
Year	2009^note	2010^note
Portugal	10	0
EC	10	0

SpeciesDeep-sea sharks and Deania histricosa and Deania profondorum	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of XII (DWS/12-)
Year	2009^note	2010^note
Ireland	1	0
Spain	17	0
France	6	0
United Kingdom	1	0
EC	25	0

SpeciesBlack scabbardfishAphanopus carbo	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV (BSF/1234-)
Year	2009	2010
Germany	4	4
France	4	4
United Kingdom	4	4
EC	12	12

SpeciesBlack scabbardfishAphanopus carbo	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII and XII (BSF/56712-)
Year	2009	2010
Germany	32	29
Estonia	15	14
Ireland	78	73
Spain	156	145
France	2189	2036
Latvia	102	95
Lithuania	1	1
Poland	1	1
United Kingdom	156	145
Others^note	8	8^note
EC	2738	2547

SpeciesBlack scabbardfishAphanopus carbo	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX and X (BSF/8910-)
Year	2009	2010
Spain	11	11
France	28	26
Portugal	3561	3311
EC	3600	3348

SpeciesBlack scabbardfishAphanopus carbo	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of CECAF 34.1.2. (BSF/C3412-)
Year	2009	2010
Portugal	4285	4285
EC	4285	4285

SpeciesAlfonsinosBeryx spp.	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of III, IV, V, VI, VII, VIII, IX, X, XII and XIV (ALF/3X14-)
Year	2009	2010
Ireland	10	10
Spain	74	74
France	20	20
Portugal	214	214
United Kingdom	10	10
EC	328	328

SpeciesRoundnose grenadierCoryphaenoides rupestris	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of I, II, IV and Va (RNG/1245A-)
Year	2009	2010
Denmark	2	2
Germany	2	2
France	11	11
United Kingdom	2	2
EC	17	17

SpeciesRoundnose grenadierCoryphaenoides rupestris	ZoneEF-farvande og farvande, der ikke hører under tredjelandes højhedsområde eller jurisdiktion, i III^note(RNG/03-)
År	2009	2010
Danmark	804	804
Tyskland	5	5
Sverige	41	41
EF	850	850

SpeciesRoundnose grenadierCoryphaenoides rupestris	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of Vb, VI, VII (RNG/5B67-)
Year	2009^note	2010^note
Germany	7	6
Estonia	57	49
Ireland	254	216
Spain	63	54
France	3222	2738
Lithuania	74	63
Poland	37	32
United Kingdom	189	160
Others^note	7	6
EC	3910	3324

SpeciesRoundnose grenadierCoryphaenoides rupestris	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX, X, XII and XIV (RNG/8X14-)
Year	2009^note	2010^note
Germany	34	34
Ireland	7	7
Spain	3734	3734
France	172	172
Latvia	60	60
Lithuania	7	7
Poland	1168	1168
United Kingdom	15	15
EC	5197	5197

SpeciesOrange roughyHoplostethus atlanticus	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VI (ORY/06-)
Year	2009	2010
Ireland	2	0
Spain	2	0
France	11	0
United Kingdom	2	0
EC	17	0

SpeciesOrange roughyHoplostethus atlanticus	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VII (ORY/07-)
Year	2009	2010
Ireland	15	0
Spain	0	0
France	50	0
United Kingdom	0	0
Others	0	0
EC	65	0

SpeciesOrange roughyHoplostethus atlanticus	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III, IV, V, VIII, IX, X, XII and XIV (ORY/1CX14C)
Year	2009	2010
Ireland	2	0
Spain	1	0
France	9	0
Portugal	2	0
United Kingdom	1	0
EC	15	0

SpeciesBlue lingMolva dypterygia	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of II, IV and V (BLI/245-)
Year	2009	2010
Denmark	5	4
Germany	5	4
Ireland	5	4
France	28	25
United Kingdom	18	15
Others	5	4^note
EC	66	56

SpeciesBlue lingMolva dypterygia	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of III (BLI/03-)
Year	2009	2010
Denmark	5	4
Germany	3	3
Sweden	5	4
EC	13	11

SpeciesRed seabreamPagellus bogaraveo	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VI, VII and VIII (SBR/678-)^note
Year	2009	2010
Ireland	7	6^note
Spain	204	172^note
France	10	9^note
United Kingdom	25	22^note
Others	7	6^note^note
EC	253	215

SpeciesRed seabreamPagellus bogaraveo	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of IX (SBR/09-)^note
Year	2009	2010^note
Spain	722	614
Portugal	196	166
EC	918	780

SpeciesRed seabreamPagellus bogaraveo	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of X (SBR/10-)
Year	2009	2010
Spain	10	10^note
Portugal	1116	1116^note
United Kingdom	10	10^note
EC	1136	1136^note

SpeciesForkbeardsPhycis blennoides	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV (GFB/1234-)
Year	2009	2010
Germany	9	9
France	9	9
United Kingdom	13	13
EC	31	31

SpeciesForkbeardsPhycis blennoides	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of V, VI and VII (GFB/567-)
Year	2009	2010
Germany	10	10
Ireland	260	260
Spain	588	588
France	356	356
United Kingdom	814	814
EC	2028	2028

SpeciesForkbeardsPhycis blennoides	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VIII and IX (GFB/89-)
Year	2009	2010
Spain	242	242
France	15	15
Portugal	10	10
EC	267	267

SpeciesForkbeardsPhycis blennoides	ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of X and XII (GFB/1012-)
Year	2009	2010
France	9	9
Portugal	36	36
United Kingdom	9	9
EC	54	54

Council Regulation (EC) No 1359/2008

Council Regulation (EC) No 1359/2008

Article 1Subject-matter#

Article 2Definitions#

Article 3Fixing of fishing opportunities#

Article 4Allocation among Member States#

Article 5Quota flexibility#

Article 6Conditions for landing catch and by-catch#

Article 7Orange roughy#

Article 8Entry into force#

PART 1 — Definition of Species and Species Groups

PART 2 — Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and by area (in tonnes live weight)

Defined terms · 1

Connections

Key facts

History · 1 version

Article 1Subject-matter#

Article 2Definitions#

Article 3Fixing of fishing opportunities#

Article 4Allocation among Member States#

Article 5Quota flexibility#

Article 6Conditions for landing catch and by-catch#

Article 7Orange roughy#

Article 8Entry into force#

PART 1 — Definition of Species and Species Groups

PART 2 — Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and by area (in tonnes live weight)