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Council Regulation (EU) 2020/455 of 26 March 2020 amending Regulation (EU) 2019/1838 as regards certain fishing opportunities for 2020 in the Baltic Sea and other waters, and Regulation (EU) 2020/123 as regards certain fishing opportunities for 2020 in Union and non‐Union waters

EU Regulation 2020/455 · Adopted 26 March 2020 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Council Regulation (EU) 2020/455

of 26 March 2020

amending Regulation (EU) 2019/1838 as regards certain fishing opportunities for 2020 in the Baltic Sea and other waters, and Regulation (EU) 2020/123 as regards certain fishing opportunities for 2020 in Union and non‐Union waters

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:

(1)

Council Regulation (EU) 2019/1838f1 fixes for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea. It establishes spawning closure periods for the two Baltic cod stocks. Ensuring uninterrupted time series of comparable data on fish stocks is an essential element for the scientific assessment of those stocks. It is therefore appropriate to allow, during the respective closure periods, fishing operations conducted exclusively for the purpose of scientific investigation and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Councilf2. Regulation (EU) 2019/1838 should therefore be amended accordingly.

(2)

Council Regulation (EU) 2020/123f3 fixes for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain non‐Union waters. It should be clarified that the restrictions set out in Article 10(6) of that Regulation apply to recreational fisheries including from shore.

(3)

At their annual meeting in July 2019, the Parties to the Southern Indian Ocean Fisheries Agreement (SIOFA) decided on bottom fishing measures and on fishing effort limitation in the SIOFA area. Those measures were implemented in Union law by Regulation (EU) 2020/123. At that meeting, the Parties to the SIOFA also agreed on five interim protected areas in which specific rules apply for fishing vessels in order to protect benthic ecosystems. Therefore, further changes should be made to that Regulation to ensure that implementing rules properly reflect the decisions taken by the Parties to the SIOFA.

(4)

The catch limits for sandeels in the International Council for the Exploration of the Sea (ICES) divisions 2a and 3a and ICES subarea 4 should be amended in line with the latest scientific advice from ICES, issued on 27 February 2019 and 27 February 2020.

(5)

At its annual meeting in November 2019, the International Commission for the Conservation of Atlantic Tunas (ICCAT) decided on new reporting obligations for tropical tunas. Member States are required to transmit data on monthly catches for large longline vessels (overall length of 20 metres and above) and for purse seiners fishing for bigeye tuna (Thunnus obesus) and yellowfin tuna (Thunnus albacares) in the Atlantic Ocean. When catches of bigeye tuna reach 80 % of the quota, Member States are required to transmit data on the catches for those vessels on a weekly basis.

(6)

Those measures should be implemented in Union law by amending accordingly the total allowable catch (TAC) tables for bigeye tuna and yellowfin tuna in the Atlantic Ocean set out in Regulation (EU) 2020/123.

(7)

Fishing effort limits for Union fishing vessels in the ICCAT Convention Area are based on information provided in the fishing capacity and farming plans for bluefin tuna (Thunnus thynnus) communicated by Member States to the Commission. Those fishing effort limits are reported through the Union plan endorsed by ICCAT during the Intersessional meeting of Panel 2 held on 5 and 6 March 2020. They should be established as part of fishing opportunities.

(8)

Regulation (EU) 2020/123 should therefore be amended accordingly.

(9)

The catch limits provided for in Regulations (EU) 2019/1838 and (EU) 2020/123 apply from 1 January 2020. The provisions on catch limits introduced by this amending Regulation should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted.

(10)

The United Kingdom has been consulted in accordance with Article 130(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

Council Regulation (EU) 2019/1838 of 30 October 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2019/124 as regards certain fishing opportunities in other waters (OJ L 281, 31.10.2019, p. 1).

f2

Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).

f3

Council Regulation (EU) 2020/123 of 27 January 2020 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 25, 30.1.2020, p. 1).

Contents

  1. 1Amendment of Regulation (EU) 2019/1838
  2. 2Amendment of Regulation (EU) 2020/123
  3. 3Article 3
  4. Signature
  5. Annex IAnnex I
  6. Annex IIAnnex II

1Amendment of Regulation (EU) 2019/1838

The Annex to Regulation (EU) 2019/1838 is amended in accordance with Annex I to this Regulation.

2Amendment of Regulation (EU) 2020/123

Regulation (EU) 2020/123 is amended as follows:

  1. (a)

    in Article 10, paragraph 6 is replaced by the following:

    ‘6.

    In recreational fisheries, including from shore, in ICES divisions 8a and 8b, a maximum of two specimens of European seabass may be caught and retained per fisherman per day. The minimum size of European seabass retained shall be 42 cm. This paragraph shall not apply to fixed nets, which may not be used to catch or retain European seabass.’;

  2. (b)

    the following Article is inserted:

    ‘ Mobulid rays

    Article 28a
    1.

    It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship, to land, to store, to offer for sale or to sell any part or whole carcass of Mobulid rays (Mobulidae family which includes the genera Manta and Mobula), except for fishing vessels carrying out subsistence fishery (where the fish caught are consumed directly by the families of the fishermen).

    By way of derogation from the first subparagraph, Mobulid rays that are unintentionally caught by artisanal fishing (fisheries other than longline or surface fisheries, i.e. purse seines, pole and line, gillnet fisheries, handline and trolling vessels, and registered in the IOTC record of authorised vessels) may be landed for purposes of local consumption only.

    2.

    All fishing vessels, other than those carrying out subsistence fishery, shall promptly release alive and unharmed, to the extent practicable, Mobulid rays as soon as they are seen in the net, on the hook, or on the deck, and shall do so in a manner that will result in the least possible harm to the individuals captured.’;

  3. (c)

    Article 30 is deleted;

  4. (d)

    Annexes IA, ID, IK and VI are amended in accordance with Annex II to this Regulation.

3

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2020.

Signature

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 March 2020.

For the Council

The President

A. Metelko-Zgombić

Annex I

The Annex to Regulation (EU) 2019/1838 is amended as follows:

  1. (1)

    Footnote 2 of the fishing opportunities table for cod in ICES subdivisions 25‐32 is replaced by the following:

    1. (2)

      ‘In subdivisions 25 and 26 it shall be prohibited to fish this quota from 1 May to 31 August.

      By way of derogation from the first paragraph, fishing operations conducted exclusively for the purpose of scientific investigation may be undertaken provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.

      By way of derogation from the first paragraph, that closure period shall not apply to Union fishing vessels of less than 12 metres in length overall that fish with gillnets, entangling nets or trammel nets, with bottom set lines, longlines (except drifting lines), handlines and jigging equipment or other passive gear in areas where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities. Masters of those fishing vessels shall ensure that their fishing activity can be monitored at any time by the control authorities of the Member State.’;

  2. (2)

    Footnote 2 of the fishing opportunities table for cod in ICES subdivisions 22‐24 is replaced by the following:

    1. (2)

      ‘It shall be prohibited to fish this quota in subdivisions 22 and 23 from 1 February to 31 March and in subdivision 24 from 1 June to 31 July.

      By way of derogation from the first paragraph, fishing operations conducted exclusively for the purpose of scientific investigation may be undertaken provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.

      By way of derogation from the first paragraph, that closure period shall not apply to Union fishing vessels of less than 12 metres in length overall that fish with gillnets, entangling nets or trammel nets, with bottom set lines, longlines (except drifting lines), handlines and jigging equipment or other passive gear in areas where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities. Masters of those fishing vessels shall ensure that their fishing activity can be monitored at any time by the control authorities of the Member State.’.

Annex II

Annexes IA, ID, IK and VI to Regulation (EU) 2020/123 are amended as follows:

  1. (1)

    in Annex IA, the table for sandeels and associated by‐catches in Union waters of ICES divisions 2a and 3a and ICES subarea 4 is replaced by the following:

    Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula.

    Up to 2 % of the quota may consist of by‐catches of whiting and mackerel (OT1/*2A3A4). By‐catches of whiting and mackerel counted against the quota pursuant to this provision and by‐catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota.
    ‘Species:Sandeels and associated by‐catchesAmmodytes spp.Zone:Union waters of 2a, 3a and 4f1
    Denmark215 863 f2

    Analytical TAC

    Article 3 of Regulation (EC) No 847/96 shall not apply

    Article 4 of Regulation (EC) No 847/96 shall not apply

    United Kingdom4 719
    Germany329
    Sweden7 926
    Union228 837
    TAC228 837

    Special condition: within the limits of the abovementioned quotas, no more than the quantities indicated below may be taken in the following sandeels management areas, as defined in Annex III:

    Zone: Union waters of sandeels management areas

    1r2r3r45r67r
    (SAN/234_1R)(SAN/234_2R)(SAN/234_3R)(SAN/234_4)(SAN/234_5R)(SAN/234_6)(SAN/234_7R)
    Denmark107 52559 10611 70237 36501650
    United Kingdom2 3501 292256817040
    Germany164901857000
    Sweden3 9482 1704301 372060
    Union113 98762 65812 40639 61101750
    Total113 98762 65812 40639 61101750’
  2. (2)

    Annex ID is amended as follows:

    1. (a)

      the table concerning bigeye tuna in the Atlantic Ocean is replaced by the following:

      Catches of bigeye tuna by purse seiners (BET/*ATLPS) and long liners with an overall length of 20 metres and above (BET/*ATLLL) shall be reported separately.

      As of June 2020, when catches reach 80 % of the quota, Member States are required to transmit the catches for these vessels on a weekly basis.’
      ‘Species:Bigeye tunaThunnus obesus Zone:Atlantic Ocean(BET/ATLANT)
      Spain8 055,73 f3 f4

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 shall not apply

      Article 4 of Regulation (EC) No 847/96 shall not apply

      France4 428,6
      Portugal3 058,33
      Union15 542,66
      TAC62 500
    2. (b)

      the table concerning yellowfin tuna in the Atlantic Ocean is replaced by the following:

      Catches of yellowfin tuna by purse seiners (YFT/*ATLPS) and long liners with an overall length of 20 metres and above (YFT/*ATLLL) shall be reported separately.’
      ‘Species:Yellowfin tunaThunnus albacares Zone:Atlantic Ocean(YFT/ATLANT)
      TAC110 000 f5

      Analytical TAC

      Article 3 of Regulation (EC) No 847/96 shall not apply

      Article 4 of Regulation (EC) No 847/96 shall not apply
  3. (3)

    in Annex IK, the following part is added:

    ‘Interim Protected Areas

    Atlantis Bank

    PointLatitude (S)Longitude (E)
    132° 00'57° 00'
    232° 50'57° 00'
    332° 50'58° 00'
    432° 00'58° 00'

    Coral

    PointLatitude (S)Longitude (E)
    141° 00'42° 00'
    241° 40'42° 00'
    341° 40'44° 00'
    441° 00'44° 00'

    Fools Flat

    PointLatitude (S)Longitude (E)
    131° 30'94° 40'
    231° 40'94° 40'
    331° 40'95° 00'
    431° 30'95° 00'

    Middle of What

    PointLatitude (S)Longitude (E)
    137° 54'50° 23'
    237° 56.5'50° 23'
    337° 56.5'50° 27'
    437° 54'50° 27'

    Walter’s Shoal

    PointLatitude (S)Longitude (E)
    133° 00'43° 10'
    233° 20'43° 10'
    333° 20'44° 10'
    433° 00'44° 10'

    ’

  4. (4)

    Annex VI is replaced by the following:

    ‘ANNEX VI

    ICCAT CONVENTION AREA (1)

    1. 1..

      Maximum number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the eastern Atlantic

      (1) The numbers in Sections 1, 2 and 3 may be decreased in order to comply with international obligations of the Union.
      Spain60
      France55
      Union115
    2. 2..

      Maximum number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean

      This number may be increased if a purse seiner is replaced by 10 longline vessels in accordance with footnote 2 or 4 of Table A in Section 4.

      Communicated in the national capacity plan as part of the sectorial quota.
      Spain364
      France140f6
      Italy30
      Cyprus20f7
      Malta54
      Portugal76
      Union684
    3. 3..

      Maximum number of Union fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposes

      Croatia18
      Italy12
      Union28
    4. 4..

      Maximum number of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport or land bluefin tuna in the eastern Atlantic and Mediterranean

      Table A

      The numbers in this table may be further increased, provided that the international obligations of the Union are complied with.

      One medium size purse seiner may be replaced by no more than 10 longline vessels or one small purse seiner and no more than three longline vessels.

      One medium size purse seiner may be replaced by no more than 10 longline vessels or one small size purse seiner and three other artisanal vessels.

      One medium size purse seiner may be replaced by no more than 10 longline vessels.

      Polyvalent vessels, using multi-gear equipment.

      Baitboats of the outermost regions of Azores and Madeira.

      Line vessels operating in the Atlantic Ocean.

      Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line).
      Number of fishing vesselsf8
      Cyprusf9 Greecef10 CroatiaItalyFranceSpainMaltaf11 Portugal
      Purse Seiners10182122620
      Longliners27f12 00402348620
      Baitboat0000868076f13
      Handline0012047f14 100
      Trawler000057000
      Small scale03200140620520
      Other artisanalf15 061000000
    5. 5..

      Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fisheries authorised by each Member State

      This number may be further increased, provided that the international obligations of the Union are complied with.
      Member StateNumber of trapsf16
      Spain5
      Italy6
      Portugal2
    6. 6..

      Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean

      Table A
      Maximum bluefin tuna farming capacity and fattening capacity
      Number of farmsCapacity (in tonnes)
      Spain1011 852
      Italy1312 600
      Greece22 100
      Cyprus33 000
      Croatia77 880
      Malta612 300
      Table Bf17

      The farming capacity of 500 tonnes for Portugal is covered by the unused capacity of the Union set out in Table A.
      Maximum input of wild caught bluefin tuna (in tonnes)
      Spain6 300
      Italy3 764
      Greece785
      Cyprus2 195
      Croatia2 947
      Malta8 786
      Portugal350
    7. 7..

      The distribution, amongst the Member States and the United Kingdom, of the maximum number of fishing vessels flying the flag either of a Member State or of the United Kingdom authorised to fish for northern albacore as a target species in accordance with Article 12 of Regulation (EC) No 520/2007 shall be as follows:

      Member States and the United KingdomMaximum number of vessels
      Ireland50
      Spain730
      France151
      United Kingdom12
      Portugal310
    8. 8..

      Maximum number of Union fishing vessels of at least 20 metres in length that fish for bigeye tuna in the ICCAT Convention Area shall be as follows:

      Member StateMaximum number of vessels with purse seinesMaximum number of vessels with longlines
      Spain23190
      France11
      Portugal79
      Union34269

    ’