Legal provisions of COM(2018)710 - Fixing for 2019 of the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea

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CHAPTER I - SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 - Subject matter

This Regulation fixes for 2019 the fishing opportunities available to Union fishing vessels flying the flag of Bulgaria and of Romania for the following stocks in the Black Sea:

(a)sprat (Sprattus sprattus);

(b)turbot (Psetta maxima).

Article 2 - Scope

This Regulation shall apply to Union fishing vessels flying the flag of Bulgaria or Romania and operating in the Black Sea.

Article 3 - Definitions

For the purposes of this Regulation, the following definitions apply:

(a)‘Black Sea’ means the geographical sub-area 29 as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (4);

(b)‘fishing vessel’ means any vessel equipped for commercial exploitation of marine biological resources;

(c)‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(d)‘stock’ means a marine biological resource that occurs in a given management area;

(e)‘total allowable catch’ (TAC) means the quantity of each stock that can be caught over the period of a year;

(f)‘Union autonomous quota’ means a catch limit autonomously allocated to Union fishing vessels in the absence of an agreed TAC;

(g)‘analytical quota’ means a Union autonomous quota for which an analytical assessment is available;

(h)‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock's biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches.

CHAPTER II - FISHING OPPORTUNITIES

Article 4 - Allocation of fishing opportunities

1. The Union autonomous quota for sprat, the allocation of such quota among Member States and, where appropriate, the conditions functionally linked thereto are set out in the Annex.

2. The TAC for turbot, applicable in Union waters and for Union fishing vessels, the allocation of such TAC among Member States and, where appropriate, the conditions functionnally linked thereto are set out in the Annex.

Article 5 - Special provisions on allocations

The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to any of the following:

(a)exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;

(b)deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;

(c)deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.

Article 6 - Management of fishing effort for turbot

Union fishing vessels authorised to fish for turbot in the Black Sea, irrespective of the vessels' length overall, shall not exceed 180 fishing days per year.

CHAPTER III - FINAL PROVISIONS

Article 7 - Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in the Annex to this Regulation.

Article 8 - Entry into force

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 2019.

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