Legal provisions of COM(2022)54 - Amending regulation 2022/109 on fishing opportunities for certain fish stocks applicable in Union waters and for Union fishing vessels in certain non-Union waters

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dossier COM(2022)54 - Amending regulation 2022/109 on fishing opportunities for certain fish stocks applicable in Union waters and for Union ...
document COM(2022)54 EN
date March 31, 2022


Article 1

Regulation (EU) 2022/109 is amended as follows:

(1)Article 7 is deleted;

(2)Article 11 is replaced by the following:

‘Article 11

Measures on European seabass fisheries in ICES divisions 4b and 4c and ICES subarea 7

1. It shall be prohibited for Union fishing vessels, as well as for any commercial fisheries from shore, to fish for European seabass (Dicentrarchus labrax) in ICES divisions 4b and 4c and in ICES subarea 7 or to retain on board, tranship, relocate or land European seabass caught in that area.

2. The prohibition set out in paragraph 1 shall not apply to by-catches of seabass in shore-based commercial netting activities. This exemption applies to historic numbers of beach nets set at pre-2017 levels. Shore-based commercial netting activities shall not target seabass and only unavoidable by-catches of seabass may be landed.

3. By way of derogation from paragraph 1, in January 2022 and from 1 April to 31 December 2022, Union fishing vessels in ICES divisions 4b, 4c, 7d, 7e, 7f and 7h may fish for, retain on board, tranship, relocate or land European seabass caught in that area with the following gear and within the following limits:

(a)using demersal trawls (11), for unavoidable by-catches not exceeding 760 kilogrammes per two calendar months (January and April; May and June; July and August; September and October; November and December) and 5 % of the weight of the total catches of marine organisms on board caught by the vessel concerned per fishing trip;

(b)using seines (12), for unavoidable by-catches not exceeding 760 kilogrammes per two calendar months (January and April; May and June; July and August; September and October; November and December) and 5 % of the weight of the total catches of marine organisms on board caught by the vessel concerned per fishing trip;

(c)using hooks and lines (13), not exceeding 5,95 tonnes per vessel;

(d)using fixed gillnets (14), for unavoidable by-catches not exceeding 1,5 tonnes per vessel.

The derogations set out in the first subparagraph, point (c), shall apply to Union fishing vessels that have recorded catches of European seabass using hooks and lines over the period from 1 July 2015 to 30 September 2016.

The derogations set out in the first subparagraph, point (d), shall apply to Union fishing vessels that have recorded catches of European seabass using fixed gillnets over the period from 1 July 2015 to 30 September 2016.

In the case of a replacement of a Union fishing vessel, Member States may allow the derogations to apply to another Union fishing vessel provided that the number of Union fishing vessels subject to each of the derogations and their overall fishing capacity do not increase.

4. The catch limits set out in paragraph 3 shall not be transferable between vessels and, where a bi-monthly limit applies, from one calendar two-month period to another.

For Union fishing vessels using more than one gear in two calendar months, the lowest catch limit set out in paragraph 3 for either gear shall apply.

Member States shall report to the Commission all catches of European seabass per type of gear no later than 15 days after the end of each month.

5. In recreational fisheries, including from shore, in ICES divisions 4b, 4c, 6a and 7a to 7k:

(a)from 1 January to 28 February 2022 and from 1 to 31 December 2022:

(i)only catch-and-release fishing with a rod or a handline for European seabass shall be allowed;

(ii)it shall be prohibited to retain, relocate, tranship or land European seabass caught in that area;

(b)from 1 March to 30 November 2022:

(i)not more than two specimens of European seabass may be caught and retained per fisher per day;

(ii)the minimum size of European seabass retained shall be 42 cm;

(iii)fixed nets shall not be used to catch or retain European seabass.

6. Paragraph 5 shall be without prejudice to more stringent national measures on recreational fisheries.’;

(3)Article 15 is replaced by the following:

‘Article 15

Closed fishing seasons for sandeels

Commercial fishing for sandeels (Ammodytes spp.) with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited in ICES divisions 2a and 3a and in ICES subarea 4 from 1 January to 31 March 2022 and from 1 August to 31 December 2022.’;

(4)in Article 31, paragraph 4 is replaced by the following:

‘4.   The maximum number of supply vessels shall be three supply vessels in support of not less than ten purse-seine vessels, all flying the flag of a Member State. This provision shall not apply to Member States using only one supply vessel.’;

(5)Annex IA is amended in accordance with Annex I to this Regulation;

(6)Annex IB is amended in accordance with Annex II to this Regulation;

(7)Annex IC is amended in accordance with Annex III to this Regulation;

(8)Annex ID is amended in accordance with Annex IV to this Regulation;

(9)Annex IH is replaced by the text appearing in Annex V to this Regulation;

(10)Annex IJ is replaced by the text appearing in Annex VI to this Regulation;

(11)Annex II is amended in accordance with Annex VII to this Regulation;

(12)Annex VI is amended in accordance with Annex VIII to this Regulation.

Article 2

This Regulation shall enter into force on the date 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.