Council Regulation (EU) 2016/2285 of 12 December 2016 fixing for 2017 and 2018 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks and amending Council Regulation (EU) 2016/72

This Regulation fixes for the years 2017 and 2018 the annual fishing opportunities available to Union fishing vessels for fish stocks of certain deep-sea species in Union waters and in certain non-Union waters where catch limits are required.

1 For the purposes of this Regulation, the following definitions shall apply: (a) ‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union; (b) ‘Union waters’ means the waters under the sovereignty or jurisdiction of the Member States, with the exception of waters adjacent to the territories listed 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 or a Member State; (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 ; (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 .

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

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 16(8) of Regulation (EU) No 1380/2013; (b) deductions and reallocations made pursuant to Article 37 of Council Regulation (EC) No 1224/2009 ; (c) reallocations made pursuant to Article 10(4) of Council Regulation (EC) No 1006/2008 ; (d) additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96; (e) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96; (f) deductions made pursuant to Articles 105 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.

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

It shall be prohibited for Union fishing vessels to fish for orange roughy (Hoplostethus atlanticus) in Union and international waters of ICES subareas I, II, III, IV, V, VI; VII; VIII, IX, X, XII and XIV, and to retain on board, to tranship or to land orange roughy caught in that area.

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to 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.

In Annex IA to Regulation (EU) 2016/72, the entry in the table for anchovy in ICES subareas IX, X and in Union waters of CECAF 34.1.1 (ANE/9/3411) is replaced by the following: Species: Anchovy Engraulis encrasicolus Zone: IX and X; Union waters of CECAF 34.1.1 (ANE/9/3411) Spain7174Portugal7826Union15000TAC15000Precautionary TAC

This Regulation shall enter into force on the date following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2017. However, Article 8 shall apply from 1 January 2016.