25.1.2013 Official Journal of the European Union L 23/1 II (Non-legislative acts) REGULATIONS COUNCIL REGULATION (EU) No 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof, Having regard to the proposal from the European Commission, Whereas: Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (%) requires that measures governing access to waters and resources and the sustainable pursuit of fishing activities be established taking into account available scientific, technical and economic advice and, in particular, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as in the light of any advice received from Regional Advisory Councils. It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be distributed among Member States in such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy established in Regulation (EC) No 2371/2002. The total allowable catch (TACs) should be established on the basis of available scientific advice, taking into account biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well () OJ L 358, 31.12.2002, p. 59. as in the light of the opinions expressed during the consultation of stakeholders, in particular at the meetings of the Regional Advisory Councils concerned. (4)  For stocks subject to specific multiannual plans, the TACs should be established in accordance with the rules laid down in those plans. Consequently, the TACs for stocks of Southern hake, of Norway lobster, of sole in the Western Channel, of herring to the west of Scotland and of cod in the Kattegat, to the west of Scotland and in the Irish Sea should be established in accordance with the rules laid down in: Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula (?); Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi- annual plan for the sustainable exploitation of the stock of sole in the Western Channel (*); Council Regu- lation (EC) No 1300/2008 of 18 December 2008 estab- lishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (¥); and Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (°) (the "Cod Plan"). With regard, however, to the stocks of northern hake (Regulation (EC) No 811/2004 (°) and sole in the Bay of Biscay (Regu- lation (EC) No 388/2006 (7), the minimum targets of the relevant recovery and management plans have been reached and, therefore, it is appropriate to follow scientific advice provided in order to achieve or maintain the TACs at maximum sustainable yield levels, as the case may be. L 345, 28.12.2005, p. 5. J ] L 122, 11.5.2007, p. 7. ] L 344, 20.12.2008, p. 6. ] L 348, 24.12.2008, p. 20. Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock (O] L 150, 30.4.2004, p. 1). (7) Council Regulation (EC) No 388/2006 of 23 February 2006 estab- lishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay (O] L 65, 7.3.2006, p. 1). ) () ) () ©)