Legal provisions of COM(2023)578 - Fixing of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas for 2024

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dossier COM(2023)578 - Fixing of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and ...
document COM(2023)578 EN
date January 10, 2024

Contents

TITLE - I

GENERAL PROVISIONS

Article 1 -   Scope

1.This Regulation applies to Union fishing vessels operating in the Mediterranean and Black Seas exploiting the following fish stocks:

(a)red coral (Corallium rubrum) and common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea;

(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;

(c)anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea;

(d)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;

(e)European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily;

(f)giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily, in the Ionian Sea and in the Levant Sea;

(g)blackspot seabream (Pagellus bogaraveo) in the Alborean Sea;

(h)sprat (Sprattus sprattus) and turbot (Scophthalmus maximus) in the Black Sea.

2.This Regulation also applies to other Union fishing activities, including recreational fisheries, where they are expressly referred to in the relevant provisions.

Article 2 - Definitions

For the purposes of this Regulation, the definitions laid down in Article 4(1) 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’ or ‘TAC’ means:

(i)in fisheries subject to the exemption of the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that can be landed from each stock each year;

(ii)in all other fisheries, the quantity of fish that can be caught from each stock over the period of a year;

(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’ or ‘FAD’ means any anchored equipment floating on the sea surface with the objective of attracting fish.

 Article 3
Fishing zones

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

(a)‘GFCM geographical subareas’ mean the areas defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council 22 ;

(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 I - I

FISHING OPPORTUNITIES

CHAPTER - I

Mediterranean Sea

Article 4 - 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 5 - Common dolphinfish [placeholder new measures] CHAPTER II Western Mediterranean Sea Article 6 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 and Articles 26 to 34 of Regulation (EC) No 1224/2009.

3.The allocation among Member States of maximum catch limits for Union fishing vessels in Union waters of the western Mediterranean Sea is also set out in Annex III.

4.The allocation of fishing opportunities by Member States, as set out in this Article and Annex III, shall fulfil the following conditions:

(a)it shall be in accordance with the criteria set out in Article 17 of Regulation (EU) No 1380/2013; 

(b) it shall be without prejudice to:

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

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

(iii)additional landings allowed under Article 3 of Council Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013;

(iv)quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013;

(v)deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.

Article 7 - Compensation mechanism

1.For the fleet segment concerned, a Member State may grant, in 2024, to vessels flying its flag an additional allocation of fishing days of pm % calculated from the baseline between 2015 and 2017 of that Member State as set out in paragraph 4.

2.The Member State concerned shall notify to the Commission the list of the fishing vessels concerned by such an additional allocation of fishing days, as well as the related number of additional fishing days.

3.The additional allocation shall be calculated from the maximum effort allowed in the baseline between 2015 and 2017 for the relevant fleet segment of the Member State concerned as from 1 January 2024.

4.A Member State may grant the additional allocation of fishing days referred to in paragraph 1, provided that a vessel fulfils one of the following conditions:

(a)the vessel uses a trawl net with 45 mm square-mesh codend in order to reduce by at least 25 % catches of the juveniles of hake;

(b)the vessel uses a trawl net with a 50 mm square-mesh codend for deep-water fisheries in order to reduce by at least 25 % catches of blue and red shrimps with a carapace length (CL) of less than 25 mm in geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11 and to reduce by at least 25 % catches of giant red shrimps with a CL of less than 35 mm in the geographical subareas 8, 9, 10 and 11;

(c)the vessel uses a regulated highly selective gear, the technical specifications of which result in, according to the scientific study by STECF, a reduction of at least 25 % of catches of juveniles of all demersal species or at least 20 % of catches of spawners of all demersal species compared to 2020, such as a sorting grid of at least 20 mm spacing;

(d)the Member State concerned has established temporary closure areas in order to reduce by at least 25 % catches of juveniles of all demersal species or by at least 20 % catches of spawners of all demersal species;

(e)the Member State concerned has adopted a new minimum conservation reference size for hake of at least 26 cm, and has secured the enforcement of appropriate technical measures to comply with this minimum conservation reference size, in order to progressively reach the length at first maturity and improve hake stocks status;

(f)the Member State concerned has adopted a new minimum conservation reference size for blue and red shrimp (Aristeus antennatus) of at least 25 mm CL and for giant red shrimp (Aristaeomorpha foliacea) of at least 35 mm CL, and has secured the enforcement of appropriate technical measures to comply with those minimum conservation reference sizes, in order to progressively reach the length at first maturity and improve stocks status;

(g)the Member State concerned has set a closure of at least 4 continous weeks for fishing activities with trawlers in the areas and periods recognised as important, on the basis of the best available scientific advice, for the protection of spawners of hake stocks. Such areas shall also account for spatial patterns of spawners’ distribution, including depths from 150 m to 500 m. The periods of the temporary fishing closure shall be from February to March and from October to November. 

5.The Member State concerned shall also separately notify every month to the Commission the effort deployed to be counted against the additional allocation referred to in paragraph 1 by using the specific reporting codes for that allocation.

6.The Member State concerned shall submit to the Commission, by 15 October at the latest, all available information related to the implementation of the measures referred to in paragraph 4, points (a) to (g). 

Article 8 - Data recording and transmission

1.Member States shall record and transmit the fishing effort data to the Commission in accordance with Article 10 of Regulation (EU) 2019/1022.

2.When submitting fishing 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 II - I

Adriatic Sea

Article 9 - 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 in kW, gross tonnage (GT) and number, of Union fishing vessels authorised to fish small pelagic stocks, is set out in Annex IV.

4.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 10 - 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 for demersal stocks and the maximum fleet capacity within the scope of this Article is 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 11 - 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 I - V

Strait of Sicily 

Article 12 - Demersal stocks 

1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily.

2.The maximum level of catches of deep-water rose shrimp shall not exceed the levels set out in Annex V.

3.The maximum allowable fishing effort for European hake and the maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article are set out in Annex V.

4.Member States shall manage the maximum allowable fishing effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

Article 13 - Deep-water shrimps

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 Strait of Sicily.

2.The maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article is set out in Annex V.

3.The maximum level of catches shall not exceed the levels set out in Annex V.

Article 14 - 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 V.

CHAPTER V - Ionian Sea and Levant Sea

Article 15 -   Deep-water shrimps

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 and in the Levant Sea.

2.The maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article is set out in Annex VI.

3.The maximum level of catches shall not exceed the levels set out in Annex VI.

CHAPTER VI - Alboran Sea

Article 16 -   Blackspot seabream

1.This Article applies to commercial and recreational 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 VII.

3.The maximum number of longlines and handlines authorised to fish for blackspot seabream is set out in Annex VII.

4.For recreational fishing activities, the maximum number of catches shall be limited to one fish per fisher per day. The minimum conservation reference size of 40 cm for blackspot seabream (Pagellus bogaraveo) shall apply to recreational fisheries in the Alboran Sea. Recreational fishing for this species shall be prohibited during the closure period of commercial fisheries set at national level.

CHAPTER VI - I

Black Sea

Article 17 - 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 VIII.

3.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 18 - 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, the allocation of such TAC among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII.

3.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 19 - Management of fishing effort for turbot

Union fishing vessels authorised to fish for turbot within the scope of Article 19, irrespective of the vessels’ length overall, shall not exceed 180 fishing days per year.

Article 20 - 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 21 - Special provisions on allocations of fishing opportunities in the Black Sea

The allocation of fishing opportunities among Member States as set out in Articles 18 and 19 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;

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

Article 22 - 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 VIII.

TITLE II - I

FINAL PROVISIONS

Article 23 - Entry into force and application

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 2024 to 31 December 2024.

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