02021R0091 — EN — 01.01.2021 — 000.003

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

Amended by:









▼B

COUNCIL REGULATION (EU) 2021/91

of 28 January 2021

fixing, for the years 2021 and 2022, the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks







Article 1

Subject matter

This Regulation fixes, for the years 2021 and 2022, annual fishing opportunities available to Union fishing vessels for fish stocks of certain deep-sea species in Union waters and in certain non-Union waters where catch limits are required.

Article 2

Definitions

For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:

(a) ‘total allowable catch (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 may be landed from each stock each year; (ii) in all other fisheries, the quantity of fish that may be caught from each stock each year;

(b) ‘quota’ means a proportion of the TAC allocated to the Union or a Member State;

(c) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;

(d) ‘analytical assessment’ means quantitative evaluations 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;

(e) ‘International Council for the Exploration of the Sea (ICES) zones’ means the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council ( 1 );

(f) ‘Fishery Committee for the Eastern Central Atlantic (CECAF) areas’ means the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council ( 2 );

(g) ‘deep-sea sharks’ means the species listed in point 2 of Part 1 of the Annex to this Regulation.

Article 3

TACs and allocations

1. The TACs for deep-sea species caught by Union fishing vessels in Union waters and in certain non-Union waters, the allocation of such TACs among Member States and the conditions functionally linked thereto, where appropriate, are set out in the Annex.

2. Union fishing vessels may be authorised to fish, within the TACs set out in the Annex to this Regulation, in waters falling within the fisheries jurisdiction of the United Kingdom, subject to the conditions set out in Regulation (EU) 2017/2403 of the European Parliament and of the Council ( 3 ) and its implementing provisions.

Article 4

Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom and licensed by a fisheries administration of the United Kingdom

Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom and licensed by a fisheries administration of the United Kingdom may be authorised to fish in Union waters within the TACs set out in the Annex to this Regulation, and shall be subject to the conditions set out in Regulation (EU) 2017/2403.

Article 5

TACs to be determined by Member States

1. The TAC for black scabbardfish ( Aphanopus carbo ) in CECAF area 34.1.2 shall be determined by Portugal. This stock is identified in the Annex.

2. The TAC to be determined by Portugal shall: (a) be consistent with the principles and rules of the CFP, in particular the principle of sustainable exploitation of the stock; and (b) result: (i) if analytical assessment is available, in the exploitation of the stock consistent with MSY from 2019 onwards, with as high a probability as possible; (ii) if analytical assessment is unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.

3. By 15 March of each year, Portugal shall submit the following information to the Commission: (a) the adopted TAC; (b) the data collected and assessed by Portugal on which the adopted TAC is based; (c) details on how the adopted TAC comply with paragraph 2.

Article 6

Special provisions on the allocation of fishing opportunities

1. The allocation of fishing opportunities among Member States as 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 Council Regulation (EC) No 1224/2009 ( 4 ); (c) reallocations made pursuant to Article 12(7) of Regulation (EU) 2017/2403; (d) additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013; (e) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013; (f) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.

2. Stocks which are subject to precautionary or analytical TACs are identified in the Annex.

3. Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TACs, whereas Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TACs, except where otherwise specified in the Annex to this Regulation.

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 7

Conditions for landing catches and by-catches

Catches that are not subject to the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 shall be retained on board or landed only if they:

(a) have been taken by vessels flying the flag of a Member State having a quota and that quota has not been exhausted; or

(b) consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.

▼M3 —————

▼B

Article 9

Prohibition

The following shall be prohibited for Union fishing vessels:

(a) to fish for orange roughy (Hoplostethus atlanticus) in Union and international waters of ICES subareas 1 to 10, 12 and 14, and to retain on board, tranship or land orange roughy caught in those subareas;

(b) to fish for deep-sea sharks in ICES subareas 5 to 9, in Union and international waters of ICES subarea 10, in international waters of ICES subarea 12 and in Union waters of CECAF areas 34.1.1, 34.1.2 and 34.2, and to retain on board, tranship, relocate or land deep-sea sharks caught in those areas.

Article 10

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 the Annex to this Regulation.

Article 11

Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2021.

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









ANNEX

PART 1

Comparative table of common and scientific names and definition

1. For the purposes of this Regulation, the following comparative table of common and scientific names of the species applies:







Common name Alpha-3 code Scientific name Black scabbardfish BSF Aphanopus carbo Alfonsinos ALF Beryx spp. Roundnose grenadier RNG Coryphaenoides rupestris Roughhead grenadier RHG Macrourus berglax Red seabream SBR Pagellus bogaraveo

2. For the purposes of this Regulation, ‘deep-sea sharks’ mean the following:







Common name Alpha-3 code Scientific name Deep-water catsharks API Apristurus spp. Frilled shark HXC Chlamydoselachus anguineus Gulper sharks CWO Centrophorus spp. Portuguese dogfish CYO Centroscymnus coelolepis Longnose velvet dogfish CYP Centroscymnus crepidater Black dogfish CFB Centroscyllium fabricii Birdbeak dogfish DCA Deania calcea Kitefin shark SCK Dalatias licha Great lanternshark ETR Etmopterus princeps Velvet belly ETX Etmopterus spinax Mouse catshark GAM Galeus murinus Bluntnose six-gill shark SBL Hexanchus griseus Sailfin roughshark (Sharpback shark) OXN Oxynotus paradoxus Knifetooth dogfish SYR Scymnodon ringens Greenland shark GSK Somniosus microcephalus

PART 2

Annual fishing opportunities (in tonnes live weight)

Unless otherwise specified, the fishing zones referred to in this Part shall be the ICES zones.

In the list set out in this Part, fish stocks are referred to following the alphabetical order of the scientific names of the species.

▼M3







Species: Black scabbardfish Aphanopus carbo Zone: 6 and 7; United Kingdom and international waters of 5; international waters of 12 (BSF/56712-) Year 2021 2022 Precautionary TAC Germany 22 22 Estonia 11 11 Ireland 55 55 Spain 110 110 France 1 541 1 541 Latvia 72 72 Lithuania 1 1 Poland 1 1 Others 6 (1) 6 (1) Union 1 819 1 819 United Kingdom 110 110 TAC 1 929 1 929 ( 1 ) Exclusively for by-catches. No directed fisheries are permitted under this quota. Catches to be counted against this shared quota shall be reported separately (BSF/56712_AMS).

▼B







Species: Black scabbardfish Aphanopus carbo Zone: Union and international waters of 8, 9 and 10 (BSF/8910-) Year 2021 2022 Precautionary TAC Spain 7 7 France 18 18 Portugal 2 241 2 241 Union 2 266 2 266 TAC 2 266 2 266







Species: Black scabbardfish Aphanopus carbo Zone: Union and international waters of CECAF 34.1.2 (BSF/C3412-) Year 2021 2022 Precautionary TAC Article 4 of this Regulation applies Portugal To be established To be established Union To be established (1) To be established (1) TAC To be established (1) To be established (1) ( 1 ) Established at the same quantity as for Portugal.

▼M3







Species: Alfonsinos Beryx spp. Zone: United Kingdom, Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 (ALF/3X14-) Year 2021 2022 Precautionary TAC Ireland 7 (1) 7 (1) Spain 51 (1) 51 (1) France 14 (1) 14 (1) Portugal 145 (1) 145 (1) Union 217 (1) 217 (1) United Kingdom 7 (1) 7 (1) TAC 224 (1) 224 (1) ( 1 ) Exclusively for by-catches. No directed fisheries are permitted under this quota.

▼B





▼M3













▼B







Species: Red seabream Pagellus bogaraveo Zone: Union and international waters of 9 (SBR/09-) Year 2021 2022 Precautionary TAC Spain 93 93 Portugal 25 25 Union 118 118 TAC 119 119

▼M2







Species: Red seabream Pagellus bogaraveo Zone: Union and international waters of 10 (SBR/10-) Year 2021 2022 Precautionary TAC Spain 5 5 Portugal 600 600 Union 605 605 United Kingdom pm pm TAC pm pm