Legal provisions of COM(2024)408 - - Main contents
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| dossier | COM(2024)408 - . |
|---|---|
| document | COM(2024)408 |
| date | September 16, 2024 |
TITLE I
GENERAL PROVISIONS
Article 1
Scope
1. This Regulation applies to Union fishing vessels operating in the Mediterranean and Black Seas and exploiting the following fish stocks:
(a) European eel (Anguilla anguilla), 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:
(i) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;
(j) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport;
(k) ‘total allowable catch’ (TAC) means:
(a) 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;
(b) in all other fisheries, the quantity of fish that can be caught from each stock over the period of a year;
(l) ‘quota’ means a proportion of the TAC allocated to the Union or a Member State;
(m) ‘Union autonomous quota’ means a catch limit autonomously allocated to Union fishing vessels in the absence of an agreed TAC;
(n) ‘analytical quota’ means a Union autonomous quota for which an analytical assessment is available;
(o) ‘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;
(p) ‘fish aggregating device’ (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 fishing zone definitions apply:
(a) ‘GFCM geographical subareas’ mean the areas specified in Annex I to Regulation (EU) 2023/2124 of the European Parliament and of the Council0;
(b) ‘Mediterranean Sea’ means the waters in GFCM geographical subareas 1 to 27 specified in Annex I to Regulation (EU) 2023/2124;
(c) ‘western Mediterranean Sea’ means the waters in GFCM geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11 specified in Annex I to Regulation (EU) 2023/2124;
(d) ‘Adriatic Sea’ means the waters in GFCM geographical subareas 17 and 18 specified in Annex I to Regulation (EU) 2023/2124;
(e) ‘Strait of Sicily’ means the waters in GFCM geographical subareas 12, 13, 14, 15 and 16 specified in Annex I to Regulation (EU) 2023/2124;
(f) ‘Ionian Sea’ means the waters in GFCM geographical subareas 19, 20 and 21 specified in Annex I to Regulation (EU) 2023/2124;
(g) ‘Levant Sea’ means the waters in GFCM geographical subareas 24, 25, 26 and 27 specified in Annex I to Regulation (EU) 2023/2124;
(h) ‘Alboran Sea’ means the waters in GFCM geographical subareas 1, 2 and 3 specified in Annex I to Regulation (EU) 2023/2124;
(i) ‘Black Sea’ means the waters in GFCM geographical subarea 29 specified in Annex I to Regulation (EU) 2023/2124.
TITLE II
FISHING OPPORTUNITIES FOR UNION FISHING VESSELS
CHAPTER I
Mediterranean Sea
Article 4
European eel
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Article 5
Red coral
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Article 6
Common dolphinfish
1. This Article applies to all commercial pelagic fishing activities by Union fishing vessels targeting common dolphinfish (Coryphaena hippurus) by using FADs in the Mediterranean Sea. It also applies to recreational fisheries of common dolphinfish in the Mediterranean Sea.
2. The maximum fleet capacity, expressed in number of vessels, kW and gross tonnage (GT), of Union fishing vessels authorised to fish for common dolphinfish shall be limited as set out in Annex II, point (a).
3. The maximum number of FADs per vessel authorised to fish for common dolphinfish shall be limited as set out in Annex II, point (b).
4. The maximum level of catches of common dolphinfish shall not exceed the levels set out in Annex II, point (c).
5. For recreational fisheries, the maximum number of catches shall be limited to 10 kg or five fish of any size per person per day.
CHAPTER II
Western Mediterranean Sea
Article 7
Demersal stocks
1. This Article applies to all fishing 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 shall be limited as set out in Annex III, point 1. 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 maximum catch limits for deep-water shrimps in the Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion shall be limited as set out in Annex III, point 2(a).
4. The maximum catch limits for deep-waters shrimps in Corsica Island, Ligurian Sea, Tyrrhenian Sea and Sardinia Island shall be limited as set out in Annex III, point 2(b).
5. The allocation of fishing opportunities among Member States as set out in Annex III 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 or under Article 15(9) of Regulation (EU) No 1380/2013;
(d) 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;
(e) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.
Article 8
Compensation mechanism
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Article 9
Data recording and transmission
1. Member States shall record and transmit the fishing effort data to the Commission in accordance with Articles 33 and 34 of Regulation (EC) No 1224/2009 and Articles 146c, 146d and 146e of Commission Implementing Regulation (EU) No 404/2011.0
2. When Member States submit to the Commission data relating to fishing effort pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they 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 fishing 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 of sardine and anchovy shall not exceed the levels set out in Annex IV, point 1(a).
3. The maximum fleet capacity, expressed in kW, GT and number, of Union fishing vessels authorised to fish small pelagic stocks shall be limited as set out in Annex IV, point 1(b).
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 11
Demersal stocks
1. This Article applies to all fishing 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 those demersal stocks and the maximum fleet capacity within the scope of this Article shall be limited as set out in Annex IV, point 2(a) and (b).
3. 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 Member States submit to the Commission data relating to landings and fishing effort pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the stock codes and fishing effort group codes set out in Annex IV.
CHAPTER IV
Strait of Sicily
Article 13
European hake and deep-water rose shrimp
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 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 shall be limited as set out in Annex V, point 1(a).
3. The maximum allowable fishing effort for European hake (in number of fishing days), for bottom otter-trawl vessels (OTB) targeting European hake shall be limited as set out in Annex V, point 1(b).
4. The maximum level of catches of deep-water rose shrimp shall not exceed the levels set out in Annex V, point 1(c).
5. Member States shall manage the maximum allowable fishing effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.
Article 14
Deep-water shrimps
1. This Article applies to all fishing 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 the demersal stocks within the scope of this Article shall be limited as set out in Annex V, point 2(a).
3. The maximum level of catches of deep-water shrimps shall not exceed the levels set out in Annex V, point 2(b) and (c).
Article 15
Data transmission
When Member States submit to the Commission data relating to landings of quantities of stocks caught pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the stock codes set out in Annex V.
CHAPTER V
Ionian Sea and Levant Sea
Article 16
Deep-water shrimps
1. This Article applies to all fishing 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 deep water shrimp stock referred to in this Article shall be limited as set out in Annex VI, point 1(a) and 2(a).
3. The maximum level of catches of deep-water shrimps referred to in this Article shall not exceed the levels set out in Annex VI, point 1(b) and (c) and point 2(b) and (c).
CHAPTER VI
Alboran Sea
Article 17
Blackspot seabream
1. This Article applies to all commercial and recreational fishing activities catching blackspot seabream (Pagellus bogaraveo) with longlines and handlines by Union fishing vessels in the Alboran Sea.
2. The maximum level of catches shall not exceed the levels set out in Annex VII, point (a).
3. The maximum number of longliners and handlines authorised to fish for blackspot seabream shall be limited as set out in Annex VII, point (b).
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 shall apply to recreational fisheries in the Alboran Sea. Recreational fishing for that species shall be prohibited during the closure period of commercial fisheries set at national level.
CHAPTER VII
Black Sea
Article 18
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 shall not exceed the levels 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
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 20
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 21
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 22
Special provisions on allocations of fishing opportunities in the Black Sea
The allocation of fishing opportunities among Member States as set out in Annex VIII 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 23
Data transmission
When 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 pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the stock codes set out in Annex VIII of this Regulation.
TITLE III
FINAL PROVISIONS
Article 24
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 2025 to 31 December 2025.
This Regulation shall be binding in its entirety and directly applicable in all Member States.