4.11.2011 Official Journal of the European Union L 287/13 II (Non-legislative acts) REGULATIONS COUNCIL REGULATION (EU) No 1106/2011 of 20 October 2011 amending Regulations (EU) No 57/2011 and (EC) No 754/2009 as regards the protection of the species ‘porbeagle’, certain TACs and certain fishing effort limits set for Germany and Ireland THE COUNCIL OF THE EUROPEAN UNION, (4 The scientific assessment of cod in the Celtic Sea has improved, and has confirmed that the advice on which the current TAC is based underestimated the strong year Having regard to the Treaty on the Functioning of the European Elass }?.f 2009kar1d tﬁus the (}ilynamlc 1n1c rease mn biomass Union, and in particular Article 43(3) thereof, or this stock. Further to the new selectivity measures planned by the North Western Regional Advisory Council (NWWRAC), which would reduce the risk of haddock and whiting discards in this cod fishery, it is Having regard to the proposal from the European Commission, appropriate to adapt the TAC for cod in the Celtic Sea to the new scientific advice for the remainder of 2011. Whereas: . . o @ tChour}.c%l.Regulatlon (EU) No 57 201.1 () .ﬁxes for 2011 (5)  On 29 July 2011, Northwest Atlantic Fisheries Organi- e fishing opportunities for certain fish stocks and . . ) . f fish stocks. anplicable in EU waters and. for sation (NAFO) communicated to all contracting parties groups of i <% app ’ he adoption of a revision of the 2011 NAFO TAC for EU vessels, in certain non-EU waters. the adop N 1 . redfish in Subarea 2, Division 1F and 3K, with immediate effect. The Commission, on 1 August 2011, submitted the same information to all Member States with an (2)  An inconsistency between the wording of Regulation interest in this fishery. The revision should be imple- (EU) No 57/2011 and the wording of the entry in mented in the law of the Union and apply to EU Annex IA thereto concerning the Norway pout should vessels from 2 August 2011. be corrected. (3)  Regulation (EU) No 57/2011 prohibits fishing for porbeagle in international waters, with a prompt release obligation for accidental catches. Annex IA to that Regu- (6)  Within the context of establishing fishing opportunities lation fixes the total allowable catches for porbeagle at 0 tonnes in certain ICES zones, with no provision regarding accidental catches. As a consequence in some areas within EU waters catches of porbeagle are unre- stricted, whereas in others (the Atlantic ocean) some zones (ICES zones) are managed by total allowable catch (TAC) and some others are not (CECAF zones). Given the status of this species and the discussions underway regarding the possibility of its listing under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES convention )(Appendix 1III), it is appropriate to provide for enhanced protection for porbeagle in all areas and to cover both EU vessels and third-country vessels fishing in EU waters. () O] L 24, 27.1.2011, p. 1. and in accordance with Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (), the Council may, acting on a Commission proposal and on the basis of the information provided by Member States and the advice of the Scientific, Technical and Economic Committee for Fisheries (STECF), exclude certain groups of vessels from the application of the fishing effort regime provided that appropriate data is available on the cod catches and discards of the vessels concerned, that the percentage of cod catches does not exceed 1,5 % of the total catches of the group of vessels and that the inclusion of the group in the effort regime would constitute an administrative burden dispropor- tionate to its overall impact on cod stocks. (®) OJ L 348, 24.12.2008, p. 20.