02019R1838 — EN — 01.01.2020 — 001.002

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Amended by:









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COUNCIL REGULATION (EU) 2019/1838

of 30 October 2019

fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2019/124 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 2020 and amends certain fishing opportunities in other waters fixed by Regulation (EU) 2019/124.

Article 2

Scope

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

2. This Regulation shall also apply to recreational fisheries where they are expressly referred to in the relevant provisions.

Article 3

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:

(1) ‘subdivision’ means an ICES subdivision of the Baltic Sea as defined in Annex III to Council Regulation (EC) No 218/2009 ( 1 );

(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

Measures on recreational fisheries for cod in subdivisions ICES 22-26

1. In recreational fisheries, no more than five specimens of cod may be retained per fisherman per day in ICES subdivisions 22 and 23 and in ICES subdivision 24 within six nautical miles measured from the baselines.

2. By way of derogation from paragraph 1, no more than two specimens of cod may be retained per fishermen per day in ICES subdivisions 22 and 23 and in ICES subdivision 24 within six nautical miles measured from the baselines in the period from 1 February to 31 March 2020.

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

4. Paragraphs 1, 2 and 3 are without prejudice to more stringent national measures.

Article 8

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

1. Fishing for sea trout beyond four nautical miles measured from the baselines in ICES subdivisions 22-32 is prohibited for fishing vessels from 1 January to 31 December 2020. 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. Paragraph 1 is without prejudice to more stringent national measures.

Article 9

Flexibility

1. Except where specified otherwise in the Annex to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply 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 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

Data transmission

When, 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 11

Amendments to Regulation (EU) 2019/124

1. Annex IA to Regulation (EU) 2019/124 is amended as follows:

(1) the fishing opportunities table for common sole in ICES divisions 7f and 7g is replaced by the following:



‘Species: Common sole Solea solea Zone: 7f and 7g (SOL/7FG.) Belgium 630 Analytical TAC’ France 63 Ireland 32 United Kingdom 284 Union 1 009 TAC 1 009

(2) 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:



‘Species: Norway pout and associated by-catches Trisopterus esmarkii Zone: 3a; Union waters of 2a and 4 (NOP/2A3A4.) Year 2019 2020 Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply Denmark 54 949 (1) (3) 64 940 (1) (6) Germany 11 (1) (2) (3) 12 (1) (2) (6) The Netherlands 40 (1) (2) (3) 48 (1) (2) (6) Union 55 000 (1) (3) 65 000 (1) (6) Norway 14 500 (4) 0 (4) Faroe Islands 5 000 (5) 0 (5) TAC Not relevant Not relevant (1) Up to 5 % of the quota may consist of by-catches of haddock and whiting (OT2/*2A3A4). By-catches of haddock and whiting counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota. (2) Quota may be fished in Union waters of ICES zones 2a, 3a and 4 only. (3) Union quota may only be fished from 1 November 2018 to 31 October 2019. (4) A sorting grid shall be used. (5) A sorting grid shall be used. Includes a maximum of 15 % of unavoidable by-catches (NOP/*2A3A4), to be counted against this quota. (6) Union quota may be fished from 1 November 2019 to 31 October 2020.’

2. In Annex IJ, in the fishing opportunities table for toothfish in SPRFMO Convention Area, the reporting code “TOP/SPRFMO” is replaced by “TOT/SPR-AE”.

Article 12

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 2020, with the exception of point (2) of Article 11(1), which shall apply from 1 November 2019 until 31 October 2020, and of point (1) of Article 11(1) and Article 11(2), which shall apply from 1 January 2019.

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







Species: Herring Clupea harengus Zone: Subdivisions 30-31 (HER/30/31.) Finland 53 306 Sweden 11 712 Union 65 018 TAC 65 018 Precautionary TAC







Species: Herring Clupea harengus Zone: Subdivisions 22-24 (HER/3BC+24) Denmark 442 Germany 1 738 Finland 0 Poland 410 Sweden 560 Union 3 150 TAC 3 150 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 3 374 Germany 895 Estonia 17 232 Finland 33 637 Latvia 4 253 Lithuania 4 478 Poland 38 215 Sweden 51 300 Union 153 384 TAC Not relevant Analytical TAC Article 6 of this Regulation shall apply.







Species: Herring Clupea harengus Zone: Subdivision 28.1 (HER/03D.RG) Estonia 15 906 Latvia 18 539 Union 34 445 TAC 34 445 Analytical TAC Article 6 of this Regulation shall apply.







Species: Cod Gadus morhua Zone: Union waters of Subdivisions 25-32 (COD/3DX32.) Denmark 459 (1) (2) Germany 183 (1) (2) Estonia 45 (1) (2) Finland 35 (1) (2) Latvia 171 (1) (2) Lithuania 113 (1) (2) Poland 529 (1) (2) Sweden 465 (1) (2) Union 2 000 (1) (2) TAC Not relevant 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. (1) Exclusively for by-catches. No directed fisheries are permitted under this quota. (2) ►M2 In subdivisions 25 and 26 it shall be prohibited to fish this quota from 1 May to 31 August.







Species: Cod Gadus morhua Zone: Subdivisions 22-24 (COD/3BC+24) Denmark 1 662 (1) (2) Germany 812 (1) (2) Estonia 37 (1) (2) Finland 33 (1) (2) Latvia 137 (1) (2) Lithuania 89 (1) (2) Poland 444 (1) (2) Sweden 592 (1) (2) Union 3 806 (1) (2) TAC 3 806 (1) (2) 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. (1) ►M2 In subdivision 24 exclusively for by-catches. No directed fisheries are permitted under this quota in subdivision 24. (2) It shall be prohibited to fish this quota in subdivisions 22 and 23 from 1 February to 31 March and in subdivision 24 from 1 June to 31 July.







Species: Plaice Pleuronectes platessa Zone: Union waters of Subdivisions 22-32 (PLE/3BCD-C) Denmark 4 939 Germany 549 Poland 1 034 Sweden 372 Union 6 894 TAC 6 894 Analytical TAC Article 6 of this Regulation shall apply.







Species: Atlantic salmon Salmo salar Zone: Union waters of Subdivisions 22-31 (SAL/3BCD-F) Denmark 17 940 (1) Germany 1 996 (1) Estonia 1 823 (1) (2) Finland 22 370 (1) Latvia 11 411 (1) Lithuania 1 341 (1) Poland 5 442 (1) Sweden 24 252 (1) Union 86 575 (1) TAC Not relevant 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. (1) Expressed by number of individual fish. (2) Special condition: up to 20 % and no more than 400 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 995 (1) Finland 8 708 (1) Union 9 703 (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 20 730 Germany 13 133 Estonia 24 072 Finland 10 851 Latvia 29 073 Lithuania 10 517 Poland 61 697 Sweden 40 074 Union 210 147 TAC Not relevant Analytical TAC Article 6 of this Regulation shall apply.