Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fishery resources under the common fisheries policy is a fundamental objective of the common fisheries policy. to ensure the exploitation of living aquatic resources that facilitates sustainable economic, environmental and social conditions. To this end, it has some management tools, such as the setting of Total Allowable Catches (TACs) for different fishing species and their distribution in national quotas between Member States.

In particular, Article 20 lays down the procedure for limiting catches or fishing effort and the allocation of fishing opportunities between Member States, leaving the Member States with the power to decide on the allocation of fishing opportunities. the fishing opportunities allocated to them among the vessels flying their flag. This Article also provides for the possibility of trade between Member States, subject to notification to the Commission, of all or part of the fishing opportunities allocated to them. The catch quotas for each Member State, for the species subject to TACs and quotas, in the different regulatory areas, are determined on an annual basis by the Council, by adopting the relevant Regulation.

Council Regulation (EC) No 847/96 of 6 May 1996 laying down additional conditions for the annual management of TACs and quotas determines that the quotas to be adopted by the Council for one year in question, may be increased or decreased in the light of the quantities which are retained or of the overruns corresponding to the previous year, respectively.

Council Regulation (EC) No 2166/2005 of 20 December 2005 laying down measures for the recovery of European hake and Norway lobster in the Cantabrian Sea and in the west of the Iberian Peninsula Regulation (EC) No 850/98 is amended for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, establishes the management mechanisms for the stock of southern hake on the base the fixing of an annual TAC as well as effort ceilings for vessels catching 5 or more tonnes the annual composition of this species, or where the annual composition of its catches is 3% or more of this species.

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system to ensure compliance with the rules of the common fisheries policy lays down conditions for the completion and electronic transmission of the logbook. In addition, Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 lays down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 of 20 November 2009 and lays down the measures to be taken. for the implementation of the abovementioned Council Regulation (EC) No 1224/2009 of 20 November 2009.

Law 3/2001, of March 26, of Maritime Fisheries of the State, in its article 8, establishes that the holder of the Department may adopt measures of regulation of the fishing effort, finding among themselves the limitation of the time of fishing activity. In addition, Article 27 provides for the option of allocation of fishing opportunities on the basis of catch or quota volumes and enables the holder of the Department to distribute the same in order to improve the management and control of the fishing activity.

There are different orders establishing the percentage points of fishing opportunities for certain species between the different types of fishing in ICES divisions VIIIc and IXa.

In these orders, a certain percentage of quota is set for the bottom trawl of North Cantabrian.

To ensure that quotas for pelagic and demersal species allocated to Spain in VIIIc and IXa sub-areas and to ensure fishing fleet activity over the course of the year are not exceeded each year, it is necessary for each vessel, belonging to the bottom trawl census of the North West Cantabrian, individually arrange for its fishing opportunities, without prejudice to the fact that the management of the fishing opportunities can be carried out by the associations in which they are included collective.

The Spanish vessels that will be able to fish for the species that are collected in this order will be those included in the bottom trawl Census of the Northwest Cantabrian that is published by the corresponding annual resolution of the General Secretariat of the Sea, which shall update this census and shall include the fishing opportunities for each vessel.

According to the regulations in force, particularly Articles 5 and 27 of Law 3/2001, of March 26, the criterion for the distribution of fishing quotas each year for vessels belonging to the bottom trawl North-West Cantabrian shall be based on fishing opportunities which, on an individual basis, are available to vessels in accordance with the situation in the relevant resolution of the General Secretariat of the Sea in January of each year for the year in question. course.

The fishing opportunities to be distributed on an individual basis shall be those of certain species in VIIIc and IXa initially allocated to Spain in the TAC and quota regulation as the Council of Ministers of the Union. In December of each year, the European Parliament shall approve the following year for its implementation, adding the quantities which may have been retained in the case of surplus in the previous year, and which shall be subject to individual quotas for the quantities overfished in the year. the year before, in accordance with the provisions of Council Regulation (EC) No 847/96 of 6 May 1996.

The allocation of fishing opportunities for the catch of certain species is carried out without prejudice to the fishing opportunities for catches of other species attributed to Spain each year in the areas indicated above, because they are shared stocks with other fishing areas or low-entity quotas, they do not advise the individual allocation to each vessel.

In order to speed up the management of fisheries and to allow for business planning, the procedure for the transmission of fishing opportunities between the vessels of the trawl Census is developed in this ministerial order. Northwest Cantabrian fund.

The procedure for communication to the European Commission provided for in Article 46 of Council Regulation (EC) No 850/1998 of 30 March 1998 for the conservation of fishery resources through measures has been carried out. techniques for the protection of juveniles of marine organisms.

In the preparation of this order the fishing sector and the autonomous communities affected, as well as the Spanish Institute of Oceanography, have been consulted.

This order is issued in accordance with the provisions of the final provision of Law 3/2001, of March 26.

In its virtue, I have:

Article 1. Object and scope of application.

1. The purpose of this order is to regulate the bottom trawling fishery in the North West Cantabrian and to distribute the fishing opportunities of ICES divisions VIIIc and IXa which are assigned to Spain, among the vessels of the (a) in the case of the fishing industry, the Commission shall, in accordance with Article 3 (2) of the Treaty, provide for the application of the provisions of this Regulation in accordance with Article 1 (2) of Regulation (EEC) No No different fishing modalities of the National Cale.

2. It shall apply to the Spanish flag vessels included in the census of the operational fishing fleet, which are also in the bottom trawl Census of the Cantabrian and Northwest, and which have installed and operational the Electronic Journal of On Board (AED), as laid down in Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system to ensure compliance with the rules of the common fisheries policy, and in the Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down the rules for the development of Council Regulation (EC) No 1224/2009 of 20 November 2009.

3. The individual distribution of the quota based on the fishing opportunities in any way will be the property of the quota and will not generate any kind of right in the future.

Article 2. Fishing possibilities to be distributed.

1. The fishing opportunities allocated to Spain in a linear manner shall be distributed among the trawlers of the species which have been distributed by the various orders for the percentage allocation of fishing opportunities, taking into account the percentage allocated to the bottom trawl of the North West Cantabrian.

2. Of the quantities to be allocated to Spain each year for the stocks referred to in Article 1, the Ministry of the Environment, and the Rural and Marine Environment shall reserve 2 per 100 for the purpose of compensating for possible overfishing during the The year in progress can be produced by the vessels and prevent them from acting to the detriment of the quotas available for the remaining vessels. These quotas will be deposited in the annual reserve of fishing opportunities. If, before 1 December of each year, no use has been made of this remnant, the General Secretariat of the Sea shall distribute the quantity reserved among the vessels, in proportion in accordance with the fishing opportunities of those vessels on 1 December. January of the year in question.

3. The quantities to be allocated to Spain from the surplus of the previous year, in accordance with Council Regulation (EC) No 847/96 of 6 May 1996 laying down additional conditions for the annual management of the TACs and the quotas, shall be distributed, according to the percentage corresponding to the bottom trawl Census of the North West Cantabrian, proportionally in accordance with the fishing opportunities of the latter on 1 January of the year in question.

Article 3. Individual distribution of fishing opportunities.

1. The General Secretariat of the Sea shall distribute on an individual and linear basis the fishing opportunities allocated to Spain of the percentage allocated to the bottom trawl mode, to the vessels included in the bottom trawl of the Cantabrian and Northwest, by means of the corresponding resolution, in which the census will be updated.

2. The individual allocation of each quota shall be carried out taking into account the fishing opportunities for which the individual vessels are available on 1 January of each year.

3. The individual list of fishing opportunities occasioned by the different transfers of fishing opportunities in accordance with this order shall be reviewed and updated annually, by resolution of the General Secretariat of the Sea.

4. In the case of overfishing of the quotas allocated in the previous year, the quantities overfished shall be deducted from the quotas of the same population which are allocated to the vessel concerned in the following year, as an impact of the deduction of the quota which is assign to Spain, pursuant to Article 5.2 of Council Regulation (EC) No 847/96 of 6 May 1996, in accordance with the following scale:

of Overrun Landings	Deduction
Up to 5%	Rebating × 1.00
5% and up to 10%	Rebating ×
10% and up to 20%	Rebating ×
20% and up to 40%	Rebating ×
Above 40% and up to 50%	Rebating ×
Any overshoot above 50%	Rebating × 2.00

Article 4. Management of fishing opportunities.

1. The fishing opportunities provided for in Article 1 may be managed either individually by each shipowning undertaking or collectively by the associative entities in which the undertakings owning the vessels are integrated.

2. The inclusion of a vessel in the Annual Fisheries Plan of an associative entity shall involve the management of its fishing opportunities and the monitoring of its fishing effort by that association.

3. Where a vessel changes its association, it shall bear the fishing opportunities available in the state in which it is integrated, in the light of the consumption, temporary trade and disposals which have been carried out up to the date of the date.

4. Where the Electronic Journal of A Bordo of a vessel is inoperative, the vessel shall not be permitted to engage in fishing until such a situation is remedied.

Article 5. Control and monitoring of quotas with regard to fishing opportunities.

1. Where the General Secretariat of the Sea finds that the vessel or vessels of an associative entity or an individual shipowner is close to exhausting one or more of its fishing opportunities for the species provided for in the various orders Ministers who establish the percentage share of fishing opportunities for certain species, as referred to in Article 1, shall communicate this fact to that individual entity or shipowner by prohibiting the vessel or vessels concerned from fishing. the capture and landing of the same once the allocated quotas have been exhausted.

2. The Directorate-General for Fisheries and Aquaculture Resources shall communicate on a monthly basis to the relevant associative entity or to the individual shipowner, as appropriate, the consumption of quotas for each of its vessels within the following 20 days. the month in question.

Article 6. Annual transfers of fishing opportunities.

1. The individual shipowners or, where appropriate, the associative entities, may assign or transfer their fishing opportunities to each other, either partially or wholly, each year, whether they are of the same or different associative entities, provided that it is between vessels belonging to the census by means of bottom trawling of the Cantabrian and Northwest, after notification to the General Secretariat of the Sea.

2. The General Secretariat of the Sea shall recognise each vessel the new situation resulting from the annual transfer. Such transfer shall be temporary and shall end on 31 December of the year in question.

3. Annual transfers of fishing opportunities shall be permitted until 30 November of the year in question.

Article 7. Management of the fishery.

1. For the best management of the fishery covered by this Order, certain technical measures may be laid down, namely: fixing of weekly, monthly or quarterly landings limits; space-temporal; and any other be determined in the resolution that will be adopted annually by the Fisheries Standards, which will be published in the "Official State Gazette".

2. Each year, the Fisheries Standards governing the management of fishing opportunities for the year to be determined shall be approved and circulated, after consultation with the sector.

Article 8. Infringements and penalties.

Failure to comply with the provisions of this order shall be sanctioned in accordance with the provisions of Title V of Law 3/2001 of 26 March on the Maritime Fisheries of the State.

Final disposition first. Competence title.

This order is based on the provisions of Article 149.1.19. of the Constitution, which confers exclusive competence on the State in matters of sea fishing.

Final disposition second. Application.

The General Secretariat of the Sea shall, in the field of its powers, adopt the measures necessary for the implementation of the provisions of this order, and in particular resolutions which update the Census of the bottom trawling fleet of the North West Cantabrian, and the corresponding allocation of fishing opportunities on an individual basis between the vessels included in the said Census.

Final disposition third. Entry into force.

This order will enter into force on January 1, 2012.

Madrid, 10 November 2011. -Minister for the Environment, and Rural and Marine Environment, Rosa Aguilar Rivero.