Legal provisions of COM(2021)548 - Fixing for 2022 of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas - Main contents
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| dossier | COM(2021)548 - Fixing for 2022 of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the ... |
|---|---|
| document | COM(2021)548  |
| date | January 27, 2022 |
Contents
TITLE I - GENERAL PROVISIONS
Article 1
Subject matter
This Regulation fixes for 2022 the fishing opportunities available in the Mediterranean and Black Seas for certain fish stocks and groups of fish stocks.
Article 2
Scope
1. This Regulation applies to Union fishing vessels exploiting the following fish stocks:
| (a) | European eel (Anguilla anguilla), red coral (Corallium rubrum) and common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea, as defined in Article 4(b); |
| (b) | blue and red shrimp (Aristeus antennatus), deep-water rose shrimp (Parapenaeus longirostris), giant red shrimp (Aristaeomorpha foliacea), European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus) and red mullet (Mullus barbatus) in the western Mediterranean Sea, as defined in Article 4(c); |
| (c) | anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea, as defined in Article 4(d); |
| (d) | European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris), red mullet (Mullus barbatus) in the Adriatic Sea, as defined in Article 4(d); |
| (e) | giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily as defined in Article 4(e), in the Ionian Sea as defined in Article 4(f) and in the Levant Sea as defined in Article 4(g); |
| (f) | blackspot seabream (Pagellus bogaraveo) in the Alboran Sea, as defined in Article 4(h); |
| (g) | sprat (Sprattus sprattus) and turbot (Scophthalmus maximus) in the Black Sea, as defined in Article 4(i). |
2. This Regulation also applies to recreational fisheries where they are expressly referred to in the relevant provisions.
Article 3
Definitions
For the purposes of this Regulation, the definitions laid down in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:
| (a) | ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State; |
| (b) | ‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport; |
| (c) | ‘total allowable catch’ (TAC) means:
|
| (d) | ‘quota’ means a proportion of the TAC allocated to the Union or a Member State; |
| (e) | ‘Union autonomous quota’ means a catch limit autonomously allocated to Union fishing vessels in the absence of an agreed TAC; |
| (f) | ‘analytical quota’ means a Union autonomous quota for which an analytical assessment is available; |
| (g) | ‘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; |
| (h) | ‘fish aggregating device’ (FAD) means any anchored equipment floating on the sea surface with the objective of attracting fish. |
Article 4
Fishing zones
For the purposes of this Regulation, the following zone definitions apply:
| (a) | ‘GFCM geographical subareas’ mean the areas defined in Annex I to Regulation (EU) No 1343/2011; |
| (b) | ‘Mediterranean Sea’ means the waters in GFCM geographical subareas 1 to 27, as defined in Annex I to Regulation (EU) No 1343/2011; |
| (c) | ‘Western Mediterranean Sea’ means the waters in GFCM geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11, as defined in Annex I to Regulation (EU) No 1343/2011; |
| (d) | ‘Adriatic Sea’ means the waters in GFCM geographical subareas 17 and 18, as defined in Annex I to Regulation (EU) No 1343/2011; |
| (e) | ‘Strait of Sicily’ means the waters in GFCM geographical subareas 12, 13, 14, 15 and 16, as defined in Annex I to Regulation (EU) No 1343/2011; |
| (f) | ‘Ionian Sea’ means the waters in GFCM geographical subareas 19, 20 and 21, as defined in Annex I to Regulation (EU) No 1343/2011; |
| (g) | ‘Levant Sea’ means the waters in GFCM geographical subareas 24, 25, 26 and 27, as defined in Annex I to Regulation (EU) No 1343/2011; |
| (h) | ‘Alboran Sea’ means the waters in GFCM geographical subareas 1 to 3, as defined in Annex I to Regulation (EU) No 1343/2011; |
| (i) | ‘Black Sea’ means the waters in GFCM geographical subarea 29, as defined in Annex I to Regulation (EU) No 1343/2011. |
TITLE II - FISHING OPPORTUNITIES
CHAPTER I - Mediterranean Sea
Article 5
European eel
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching European eel (Anguilla anguilla), namely targeted, incidental and recreational fisheries, in all marine waters of the Mediterranean Sea, including freshwaters and transitional brackish waters, such as lagoons and estuaries.
2. It shall be prohibited for Union fishing vessels to fish for European eel in Union and international waters of the Mediterranean Sea for a consecutive three-month period to be determined by each Member State. The fishing closure period shall be consistent with the conservation objectives set out in Regulation (EC) No 1100/2007, with national management plans in place and with the temporal migration patterns of European eel in the Member States concerned. Member States shall communicate the period determined to the Commission no later than one month prior to the entry into force of the closure and in any case no later than 31 January 2022.
3. Member States shall not exceed the maximum level of catches or fishing effort of European eel established and implemented by means of their national management plans, adopted in accordance with Articles 2 and 4 of Regulation (EC) No 1100/2007.
Article 6
Red coral
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities harvesting red coral (Corallium rubrum), namely targeted and recreational fisheries in the Mediterranean Sea.
2. For targeted fisheries, the maximum number of fishing authorisations and the maximum quantities of red coral stocks harvested by Union fishing vessels and Union harvesting activities shall not exceed the levels set out in Annex I.
3. It shall be prohibited for Union fishing vessels subject to paragraph 2 to tranship red coral at sea.
4. For recreational fisheries, Member States shall take the necessary measures to prohibit the catch and retention on board, transhipment or landing of red coral.
Article 7
Common dolphinfish
1. This Article applies to all commercial activities by Union fishing vessels and other Union fishing activities using fish aggregating devices for catching common dolphinfish (Coryphaena hippurus), in the international waters of the Mediterranean Sea.
2. The maximum number of vessels authorised to fish for common dolphinfish is set out in Annex II.
CHAPTER II - Western Mediterranean Sea
Article 8
Demersal stocks
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching demersal stocks referred to in Article 1(2) of Regulation (EU) 2019/1022, in the western Mediterranean Sea.
2. The maximum allowable fishing effort for trawlers and longliners is set out in Annex III to this Regulation. Member States shall manage the maximum allowable fishing effort in accordance with Article 9 of Regulation (EU) 2019/1022.
3. The allocation among Member States of maximum catch limits for Union fishing vessels in Union waters of the western Mediterranean Sea is set out in Annex III.
4. Special provisions on allocation of fishing opportunities:
| (a) | The allocation of fishing opportunities by Member States, as set out in this Regulation, shall be in accordance with the criteria set out in Article 17 of Regulation (EU) No 1380/2013. |
| (b) | The allocation of fishing opportunities among Member States, as set out in this Regulation, shall be without prejudice to:
|
Article 9
Data transmission
Member States shall record and transmit the fishing effort data to the Commission in accordance with Article 10 of Regulation (EU) 2019/1022.
When submitting effort data to the Commission in accordance with this Article, Member States shall use the fishing effort group codes set out in Annex III.
CHAPTER III - Adriatic Sea
Article 10
Small pelagic stocks
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sardine (Sardina pilchardus) and anchovy (Engraulis encrasicolus) in the Adriatic Sea.
2. The maximum level of catches shall not exceed the levels set out in Annex IV.
3. The maximum fleet capacity, expressed as kW, GT and number, of Union fishing vessels authorised to fish small pelagic stocks, is set out in Annex IV.
Article 11
Demersal stocks
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris) and red mullet (Mullus barbatus) in the Adriatic Sea.
2. The maximum allowable fishing effort and the maximum fleet capacity for demersal stocks within the scope of this Article are set out in Annex IV.
3. A Member State may amend its fishing effort allocation as set out in Annex IV by transferring fishing days across fishing effort groups of the same geographical area and/or gear, provided that it applies a national conversion factor which is supported by the best available scientific advice.
4. Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.
Article 12
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex IV.
CHAPTER IV - Ionian Sea, Levant Sea and the Strait of Sicily
Article 13
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus), in the Ionian Sea, Levant Sea and the Strait of Sicily.
2. The maximum number of bottom trawl vessels authorised to fish for demersal stocks is set out in Annex V.
CHAPTER V - Alboran Sea
Article 14
1. This Article applies to commercial fishing with longlines and handlines by Union fishing vessels catching blackspot seabream (Pagellus bogaraveo) in the Alboran Sea.
2. The maximum level of catches shall not exceed the levels set out in Annex VI.
CHAPTER VI - Black Sea
Article 15
Allocation of fishing opportunities for sprat
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sprat (Sprattus sprattus) in the Black Sea.
2. The Union autonomous quota for sprat, the allocation of such quota among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VII.
Article 16
Allocation of fishing opportunities for turbot
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching turbot (Scophthalmus maximus) in the Black Sea.
2. The TAC for turbot applicable in Union waters in the Black Sea and the allocation of such TAC among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VII.
Article 17
Management of fishing effort for turbot
Union fishing vessels authorised to fish for turbot within the scope of Article 16, irrespective of the vessels’ length overall, shall not fish for more than 180 fishing days per year.
Article 18
Closure period for turbot
It shall be prohibited for Union fishing vessels to carry out any fishing activity, including transhipment, retaining on board, landing and first sale of turbot in Union waters in the Black Sea from 15 April to 15 June.
Article 19
Special provisions on allocations of fishing opportunities in the Black Sea
1. The allocation of fishing opportunities among Member States as set out in Articles 15 and 16 of this Regulation shall be without prejudice to:
| (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; and |
| (c) | deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009. |
2. Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.
Article 20
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks of sprat and turbot caught in Union waters in the Black Sea, they shall use the stock codes set out in Annex VII.
TITLE III - FINAL PROVISIONS
Article 21
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 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.