02020R1579 — EN — 01.01.2021 — 001.001

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Amended by:









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COUNCIL REGULATION (EU) 2020/1579

of 29 October 2020

fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2020/123 as regards certain fishing opportunities in other waters







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 2021 and amends certain fishing opportunities in other waters fixed by Regulation (EU) 2020/123 ( 1 ).

Article 2

Scope

1. This Regulation applies to Union fishing vessels operating in the Baltic Sea.

2. This Regulation 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 ICES subdivision of the Baltic Sea as defined in Annex III to Council Regulation (EC) No 218/2009 ( 2 );

(2) ‘total allowable catch’ (TAC) means the quantity of each stock that can be caught over the period of a 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.







CHAPTER II

FISHING OPPORTUNITIES

Article 4

TACs and allocations

The TACs, the quotas and the conditions functionally linked thereto, where appropriate, are set out in the Annex.

Article 5

Special provisions on allocations of fishing opportunities

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 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 and 107 of Regulation (EC) No 1224/2009.

Article 6

Conditions for landing of catches and by-catches

The stocks of non-target species within the safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 which qualify for the derogation from the obligation to count catches against the relevant quota are identified 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. An exemption from the prohibition laid down in paragraph 1 shall apply in the following cases: (a) fishing operations conducted for the exclusive purpose of scientific investigations, which may be undertaken provided that those investigations are carried out in full compliance 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 fishing in subdivision 25 where water depth is less than 50 metres for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, and whose landings are sorted.

3. It shall be prohibited to fish with any type of fishing gear in subdivisions 22 and 23 from 1 February to 31 March and in subdivision 24 from 15 May to 15 August.

4. An exemption from the prohibition laid down in paragraph 3 shall apply in the following cases: (a) fishing operations conducted for the exclusive purpose of scientific investigations are carried out in full compliance 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 subdivisions 22 and 23 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, and in subdivision 24 in areas up to six nautical miles measured from the baselines 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 fishing in subdivision 24 up to six nautical miles measured from the baselines where the water depth is less than 40 metres for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, and whose landings are sorted.

5. Masters of fishing vessels as referred to in paragraph 2, points (b) or (c) and paragraph 4, points (b) or (c) shall ensure that their fishing activity can be monitored at any time by the control authorities of the Member State.

Article 8

Measures on recreational fisheries for cod in subdivisions 22-26

1. In recreational fisheries, no more than five specimens of cod may be retained per fisherman per day in subdivisions 22 and 23 and in subdivision 24 within six nautical miles measured from the baselines, except in the period from 1 February to 31 march 2021, when no more than two specimens of cod may be retained per fisherman per day.

2. Recreational fishing for cod shall be prohibited in subdivision 24 beyond six nautical miles measured from the baselines and in subdivisions 25 and 26.

3. This Article is without prejudice to more stringent national measures.

Article 9

Measures on sea trout and salmon fishing in subdivisions 22-32

1. It shall be prohibited for fishing vessels to fish for sea trout beyond four nautical miles measured from the baselines in subdivisions 22-32 from 1 January to 31 December 2021. When fishing for salmon in those waters, by-catches of sea trout shall not exceed 3 % of the total catch of salmon and sea trout at any moment on board or landed after each fishing trip.

2. This Article is without prejudice to more stringent national measures.

Article 10

Flexibility

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

2. Article 3(2) and (3) and Article 4 of Regulation (EC) No 847/96 does 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

Data transmission

Where, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send data relating to quantities of stocks caught or landed to the Commission, they shall use the stock codes set out in the Annex to this Regulation.







CHAPTER III

FINAL PROVISIONS

Article 12

Amendment to Regulation (EU) 2020/123

In Annex IA, the Fishing opportunities table for Norway pout and associated by-catches in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 is replaced by the following:





Article 13

Entry into force

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 2021, except Article 12 which shall apply from 1 November 2020 until 31 October 2021.

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









ANNEX

TACs APPLICABLE TO UNION FISHING VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA

The following tables set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto.

The references to fishing zones are references to ICES zones, unless otherwise specified.

The fish stocks are referred to using the alphabetical order of the Latin names of the species.

For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:







Scientific name Alpha-3 code Common name Clupea harengus HER Herring Gadus morhua COD Cod Pleuronectes platessa PLE Plaice Salmo salar SAL Atlantic salmon Sprattus sprattus SPR Sprat

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Species: Herring Clupea harengus Zone: Subdivisions 30-31 (HER/30/31.) Finland 96 321 Analytical TAC Sweden 21 164 Union 117 485 TAC 117 485

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Species: Herring Clupea harengus Zone: Subdivisions 22-24 (HER/3BC+24) Denmark 221 Germany 869 Finland 0 Poland 205 Sweden 280 Union 1 575 TAC 1 575 Analytical TAC Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply.







Species: Herring Clupea harengus Zone: Union waters of subdivisions 25-27, 28.2, 29 and 32 (HER/3D-R30) Denmark 2 146 Germany 569 Estonia 10 960 Finland 21 393 Latvia 2 705 Lithuania 2 848 Poland 24 304 Sweden 32 626 Union 97 551 TAC Not relevant Analytical TAC Article 6 of this Regulation applies.







Species: Herring Clupea harengus Zone: Subdivision 28.1 (HER/03D.RG) Estonia 18 216 Latvia 21 230 Union 39 446 TAC 39 446 Analytical TAC Article 6 of this Regulation applies.







Species: Cod Gadus morhua Zone: Union waters of subdivisions 25-32 (COD/3DX32.) Denmark 137 (1) Germany 54 (1) Estonia 13 (1) Finland 10 (1) Latvia 51 (1) Lithuania 33 (1) Poland 159 (1) Sweden 138 (1) Union 595 (1) TAC Not relevant Precautionary TAC Article 3(2) and (3) of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. ( 1 ) Exclusively for by-catches. No directed fisheries are permitted under this quota.

Byway of derogation from the first paragraph, fishing operations conducted for the exclusive purpose of scientific investigations may be directed to cod provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.







Species: Cod Gadus morhua Zone: Subdivisions 22-24 (COD/3BC+24) Denmark 1 746 (1) Germany 854 (1) Estonia 39 (1) Finland 34 (1) Latvia 144 (1) Lithuania 94 (1) Poland 467 (1) Sweden 622 (1) Union 4 000 (1) TAC 4 000 (1) Analytical TAC Article 3(2) and (3) of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. ( 1 ) In subdivision 24 exclusively for by-catches. No directed fisheries are permitted under this quota in subdivision 24.

By way of derogation from the first paragraph, fishing operations conducted for the exclusive purpose of scientific investigations may be directed to cod provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.

By way of derogation from the first paragraph, fishing this quota in subdivision 24 is permitted for Union fishing vessels of less than 12 metres length overall fishing with gillnets, entangling nets or trammel nets, with bottom set lines, longlines, drifting lines, handlines and jigging equipment or similar passive gear in areas up to six nautical miles measured from the baselines where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities. Masters of those fishing vessels shall ensure that their fishing activity can be monitored at any time by the control authorities of the Member State.







Species: Plaice Pleuronectes platessa Zone: Union waters of subdivisions 22-32 (PLE/3BCD-C) Denmark 5 187 Germany 576 Poland 1 086 Sweden 391 Union 7 240 TAC 7 240 Analytical TAC Article 6 of this Regulation applies.







Species: Atlantic salmon Salmo salar Zone: Union waters of subdivisions 22-31 (SAL/3BCD-F) Denmark 19 582 (1) Germany 2 179 (1) Estonia 1 990 (1) (2) Finland 24 417 (1) Latvia 12 455 (1) Lithuania 1 464 (1) Poland 5 940 (1) Sweden 26 469 (1) Union 94 496 (1) TAC Not relevant Precautionary TAC Article 3(2) and (3) of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. ( 1 ) Expressed by number of individual fish. ( 2 ) Special condition: up to 25 % and no more than 500 specimens of this quota may be fished in Union waters of subdivision 32 (SAL/*3D32).







Species: Atlantic salmon Salmo salar Zone: Union waters of subdivision 32 (SAL/3D32.) Estonia 911 (1) Finland 7 972 (1) Union 8 883 (1) TAC Not relevant Precautionary TAC ( 1 ) Expressed by number of individual fish.







Species: Sprat Sprattus sprattus Zone: Union waters of subdivisions 22-32 (SPR/3BCD-C) Denmark 21 993 Germany 13 933 Estonia 25 539 Finland 11 513 Latvia 30 845 Lithuania 11 158 Poland 65 460 Sweden 42 517 Union 222 958 TAC Not relevant Analytical TAC Article 6 of this Regulation applies.