Legal provisions of COM(2024)386 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)386 - . |
|---|---|
| document | COM(2024)386 |
| date | August 26, 2024 |
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2025 and amends certain fishing opportunities in other waters fixed by Regulation (EU) 2024/257.
Article 2
Scope
1. This Regulation applies to Union fishing vessels operating in the Baltic Sea.
2. It 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:
(1) ‘subdivision’ means an International Council for the Exploration of the Sea (ICES) subdivision of the Baltic Sea as defined in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council0;
(2) ‘total allowable catch (TAC)’ means:
(a) in fisheries subject to the exemption from the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that may be landed from each stock each year;
(b) in all other fisheries, the quantity of fish that may be caught from each stock each year;
(3) ‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;
(4) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources such as for recreation, tourism or sport;
(5) ‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock’s biology and exploitation, including based on proxies, which scientific review has indicated to be of sufficient quality to provide scientific advice;
(6) ‘analytical TAC’ means a TAC for which an analytical assessment is available;
(7) ‘precautionary TAC’ means a TAC for which an analytical assessment is not available and for which either an assessment based on the precautionary approach is available or no assessment is available.
CHAPTER II
FISHING OPPORTUNITIES
Article 4
TACs and allocations
The TACs, quotas and, where appropriate, measures functionally linked thereto, are set out in the Annex.
Article 5
Special provisions on allocation of fishing opportunities
1. The allocation of fishing opportunities among Member States set out in 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;
(c) additional landings allowed under Article 3 of Regulation (EC) No 847/96 and under Article 15(9) of Regulation (EU) No 1380/2013;
(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 and transferred under Article 15(9) of Regulation (EU) No 1380/2013;
(e) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.
2. Stocks subject to precautionary or analytical TACs for the purposes of the year-to-year management of TACs and quotas provided for in Regulation (EC) No 847/96 are identified in the Annex to this Regulation.
3. Except where otherwise specified in the Annex to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to a precautionary TAC, and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC.
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 6
Conditions for landing of catches and by-catches
The stocks of non-target species within safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 to which the derogation from the obligation to count catches against the relevant quotas applies are identified in the relevant TAC tables in the Annex to this Regulation.
Article 7
Closures to protect cod spawning
1. It shall be prohibited to fish with any type of fishing gear in subdivisions 25 and 26 from 1 May to 31 August.
2. The prohibition laid down in paragraph 1 shall not apply in the following cases:
(a) fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in accordance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Council0;
(b) 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, drifting lines, handlines and jigging equipment or similar 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;
(c) Union fishing vessels that fish in subdivision 25 for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, in areas where the water depth is less than 50 metres according to the coordinates on the official sea chart issued by the competent national authorities, and whose landings are sorted.
3. It shall be prohibited to fish with any type of fishing gear in subdivisions 22 and 23 from 15 January to 31 March and in subdivision 24 from 15 May to 15 August.
4. The prohibition laid down in paragraph 3 shall not apply in the following cases:
(a) fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in accordance with the conditions set out in Article 25 of Regulation (EU) 2019/1241;
(b) 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, drifting lines, handlines and jigging equipment or similar 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;
(c) Union fishing vessels that fish in subdivision 24 for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, in areas where the water depth is less than 40 metres according to the coordinates on the official sea chart issued by the competent national authorities, and whose landings are sorted;
(d) Union fishing vessels that fish with dredges for bivalve molluscs in subdivision 22, 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.
5. Masters of Union fishing vessels referred to in paragraph 2, points (b) or (c), and paragraph 4, points (b), (c) or (d), shall ensure that their fishing activities can be monitored at any time by the control authorities of the competent Member State.
Article 8
Measures on recreational fisheries of cod in subdivisions 22 to 26
Recreational fisheries of cod shall be prohibited in subdivisions 22 to 26.
Article 9
Measures on recreational fisheries of salmon in subdivisions 22 to 31
1. Recreational fisheries of salmon shall be prohibited in subdivisions 22 to 31. Any specimen of salmon caught accidentally shall be immediately released back into the sea.
2. By way of derogation from paragraph 1, recreational fisheries of salmon north of latitude 59° 30′ N shall be allowed from 1 May to 31 August in areas within four nautical miles measured from the baselines.
3. This Article is without prejudice to more stringent national measures under Articles 19 and 20 of Regulation (EU) No 1380/2013.
Article 10
Measures for the conservation of the sea trout and salmon stocks in subdivisions 22 to 32
1. Union fishing vessels shall not fish for sea trout beyond four nautical miles measured from the baselines in subdivisions 22 to 32. When fishing for salmon beyond four nautical miles measured from the baselines in subdivision 32, by-catches of sea trout shall not exceed 3 % of the total catch of salmon and sea trout on board at any moment or landed after each fishing trip.
2. Fishing with longlines for sea trout or salmon beyond four nautical miles measured from the baselines in subdivisions 22 to 31 shall be prohibited.
3. This Article is without prejudice to more stringent national measures under Articles 19 and 20 of Regulation (EU) No 1380/2013.
Article 11
Data transmission
When Member States send data relating to quantities of stocks caught or landed to the Commission pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the stock codes set out in the Annex to this Regulation.
CHAPTER III
FINAL PROVISIONS
Article 12
Amendment of Regulation (EU) 2024/257
Regulation (EU) 2024/257 is amended as follows:
(1) In Annex IA, Part B, Table 122 is replaced by the following:
“
Table 122
“
(2) [placeholder for other modifications to Council Regulation (EU) 2024/257].
Article 13
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 to 31 December 2025.
By way of derogation from the second subparagraph:
(a) Article 12, point (1), shall apply from 1 November 2024 until 31 October 2025;
(b) [placeholder for other modifications to Council Regulation (EU) 2024/257].
This Regulation shall be binding in its entirety and directly applicable in all Member States.