Explanatory Memorandum to COM(2012)383 - Amendment of Regulation (EU) No 44/2012 as regards fishing opportunities for capelin in Greenland waters

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1. CONTEXT OF THE PROPOSAL

Council Regulation (EU) No 44/2012 i fixes for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements. Fishing opportunities are usually amended several times during the period in which they are in effect.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



Not applicable.

2.

LEGAL ELEMENTS OF THE PROPOSAL



The proposed amendments seek to modify the Regulation mentioned above as follows:

Capelin in Greenland waters

Under Article 5 i of Council Regulation (EU) 44/2012, the Commission shall fix the Union quota for capelin in Greenland waters of ICES zones V and XIV. Under this Article, on the basis of the allocation established by Greenland, and in accordance with the Fisheries Partnership Agreement (FPA) between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand, and the Protocol thereto, the Union is to receive 7.7 % of the TAC for capelin in Greenland waters of ICES zones V and XIV. The Commission received information from the Greenland authorities that Greenland will allocate pm tonnes to the Union in accordance with the share fixed under the Protocol, to be fished until 30 April 2013.

When Regulation (EU) No 44/2012 was adopted on 17 January 2012, the Commission made a statement relating to capelin caught in Greenland waters of V and XIV undertaking to enter into discussions with the Member states on the possibility of allocating between them the fishing opportunities of capelin offered by Greenland, in the context of the EU-Greenland FPA and the Protocol mentioned above.

Considering that there was no targeted fishery of capelin by any EU vessel under the Fisheries Partnership Agreement with Greenland between 2004 and 2010, and that in 2011 there was an unallocated fishery by Denmark alone, the Commission proposes to use 1998-2003 as the reference period for establishing the allocation between Member States .

Finally, having regard to the annual consultations on fisheries between the European Union and Norway for 2012 and in particular to the commitment made by the European Union to provide Norway with an additional quantity of 20 000 tonnes of capelin above the normal balance as soon as the capelin in Greenland waters becomes available, it is appropriate to provide for this amount from the Union quota of pm tonnes mentioned above.