COUNCIL REGULATION (EU) 2023/195

of 30 January 2023

fixing for 2023 the fishing opportunities for certain stocks and groups of fish stocks applicable in the Mediterranean and Black Seas and amending Regulation (EU) 2022/110 as regards the fishing opportunities for 2022 applicable in the Mediterranean and the Black Seas

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Article 6 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as advice received from advisory councils for the relevant geographical areas or fields of competence and joint recommendations made by Member States.

(2) The Council is to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked to those fishing opportunities, as appropriate. Article 16(1) of Regulation (EU) No 1380/2013 provides that fishing opportunities should be allocated to Member States in such a way as to ensure the relative stability of the fishing activities of each Member State for each fish stock or fishery.

(3) Article 2 of Regulation (EU) No 1380/2013 provides that the objective of the Common Fisheries Policy (CFP) is to achieve the maximum sustainable yield (MSY) exploitation rate by 2015, where possible, and, on a progressive, incremental basis, at the latest by 2020 for all stocks. The objective of the transitional period until 2020 was to balance the achievement of MSY for all stocks with the potential socioeconomic implications of the possible adjustments of related fishing opportunities.

(4) Therefore, in accordance with Regulation (EU) No 1380/2013, total allowable catches (TACs) should be set on the basis of available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as the opinions expressed during consultations with stakeholders.

(5) Article 16(4) of Regulation (EU) No 1380/2013 provides that for stocks subject to specific multiannual plans, the fishing opportunities are to be established in accordance with the rules laid down in those plans.

(6) The multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea (‘the plan’) was established by Regulation (EU) 2019/1022 of the European Parliament and of the Council (2) and entered into force on 16 July 2019. The plan aims to reach and maintain MSY for target stocks, ensuring that the exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY.

(7) In accordance with Article 4(1) of Regulation (EU) 2019/1022, fishing opportunities for stocks listed in Article 1 of that Regulation should be fixed to achieve fishing mortality at MSY on a progressive, incremental basis by 2020, where possible, and by 1 January 2025 at the latest. Fishing opportunities should be expressed as the maximum allowable fishing effort for trawlers and longliners and fixed in accordance with the fishing effort regime laid down in Article 7 of the plan, and as maximum catch limits for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) in deep waters in accordance with scientific advice and Article 7(3), point (b), of the plan.

(8) STECF advised that, in order to attain the MSY targets for all the western Mediterranean fish stocks, further actions are needed and significant reductions of fishing mortality are necessary for trawlers. Based on such advice, for 2023, the maximum allowable fishing effort for trawlers in the western Mediterranean Sea, in accordance with Article 7(3), point (b), of the plan, should therefore be reduced by 7 % compared to the baseline between 2015 and 2017, to be deducted from the maximum allowable fishing effort set for 2022 by Council Regulation (EU) 2022/110 (3).

(9) In 2021 STECF advised that longliners cause up to 10 % of the Hake fishing mortality in GFCM geographical subareas (GSAs) 1-5-6-7 and constitute up to 20 % of the Hake landings in GSA 10, while catches with that gear are predominantly spawners. STECF advised that the Hake stocks spawning biomass has steadily declined over the last years and the number of hake spawners in GSAs 1-5-6-7 has dropped by 66 % while it declined by 28 % in GSAs 8-9-10-11 since the beginning of the assessments. On that basis, Annex III to Regulation (EU) 2022/110 established the maximum allowable fishing effort of longliners, in accordance with Article 7(5) of the plan, based on the fishing effort expressed as number of fishing days between 1 January 2015 and 31 December 2017. In 2022, STECF assessed that the spawning stock biomass of Hake in GSAs 1-5-6-7 and Hake in GSAs 8-9-10-11 is still below the biomass limit reference point (BLIM), within the meaning of Article 2, point (10), of the plan, and that catches should be reduced by at least 57 % in GSAs 1-5-6-7 and 78 % in GSAs 8-9-10-11, in order to reach FMSY in 2023. It is therefore appropriate to maintain, for 2023, the maximum allowable fishing effort of longliners at the levels set for 2022 by Regulation (EU) 2022/110, in accordance with Article 7(5) of the plan. That maximum allowable fishing effort for longliners, expressed in fishing days, should not prejudge the maximum allowable fishing effort to be established for 2024.

(10) In 2021, the STECF advised that the fishing mortality of blue and red shrimp in GSAs 1-5-6-7 and GSAs 8-9-10-11 would need to decrease significantly to achieve MSY by 2025 at the latest. The Scientific Advisory Committee on Fisheries (SAC) of the General Fisheries Commission for the Mediterranean (GFCM) issued a similar advice for fishing mortality of blue and red shrimp in GSA 2. Furthermore, the STECF estimated that the biomass of blue and red shrimp was declining. On the basis of the advice received, Regulation (EU) 2022/110 established, for 2022, the maximum catch limits for blue and red shrimp in GSAs 1-5-6-7 and GSAs 8-9-10-11.

(11) In 2022, STECF advised that the fishing mortality of blue and red shrimp in GSAs 1-2-5-6-7 remains far from sustainable levels and further management measures are thus required. STECF advised that, in order to reach FMSY by 2023, catches should be reduced on average by 53 % because that species in GSAs 1-2 is below BLIM, while that species in GSAs 6-7 is below the biomass precautionary reference point (BPA), within the meaning of Article 2, point (11), of the plan. In accordance with Article 7(3), point (b), of the plan, it is therefore appropriate to continue setting maximum catch limits to complement the trawling effort regime. In light of the scientific advice, for 2023, the maximum catch limits for blue and red shrimp in GSAs 1-2-5-6-7 should be reduced by 5 % compared to the fishing opportunities set for 2022 by Regulation (EU) 2022/110.

(12) In 2022, STECF advised that the fishing mortality of blue and red shrimp in GSAs 8-9-10-11 remains above sustainable levels and further management measures are thus required. STECF advised that, in order to reach FMSY by 2023, catches should be reduced by 30 %. In accordance with Article 7(3), point (b), of the plan, it is therefore appropriate to continue setting maximum catch limits to complement the trawling effort regime. In light of the scientific advice, for 2023, the maximum catch limits for blue and red shrimp in GSAs 8-9-10-11 should be reduced by 3 % compared to the fishing opportunities set for 2022 by Regulation (EU) 2022/110.

(13) In 2021, STECF advised that the biomass of giant red shrimp in GSAs 8-9-10-11 was declining and that the fishing mortality of that stock would need to decrease significantly to achieve MSY by 2025 at the latest. On the basis of the advice received, Regulation (EU) 2022/110 established, for 2022, the maximum catch limits for giant red shrimp in GSAs 8-9-10-11.

(14) In 2022, STECF advised that the biomass of giant red shrimp in GSAs 8-9-10-11 is declining and the fishing mortality remains above sustainable levels and further management measures are thus required. STECF advised that, in order to reach FMSY by 2023, catches should be reduced by 27 % because that species in GSAs 8-9-10-11 is above BPA. In accordance with Article 7(3), point (b), of the plan, it is therefore appropriate to continue setting maximum catch limits to complement the trawling effort regime with maximum catch limits. In light of the scientific advice, for 2023, the maximum catch limits for giant red shrimp in GSAs 8-9-10-11 should be reduced by 3 % compared to the fishing opportunities set for 2022 by Regulation (EU) 2022/110.

(15) In 2022, STECF estimated that blue and red shrimp in GSAs 1-2, hake in GSAs 1-5-6-7 and hake in GSAs 8-9-10-11 have spawning stock biomasses below BLIM, indicating that their reproductive capacities might be reduced. The combination of all the measures adopted with regard to those stocks includes the further remedial measures required under Article 6(2) of the plan.

(16) At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (geographical subareas 17 and 18), which introduced a fishing effort regime and a fleet capacity ceiling for certain demersal stocks. Those measures should be implemented in Union law.

(17) At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/1 on the establishment of a fishing effort regime for key demersal stocks in the Adriatic Sea (geographical subareas 17 and 18), which introduced a maximum allowable number of fishing days, by type of trawl and fleet segment, for certain demersal stocks. Those measures should be implemented in Union law.

(18) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/8 on the implementation of a fishing effort regime for key demersal stocks in the Adriatic Sea in 2023 (geographical subareas 17 and 18), stemming from Recommendation GFCM/43/2019/5, which introduced a fishing effort regime. Those measures should be implemented in Union law.

(19) At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/20 on a multiannual management plan for the sustainable exploitation of small pelagic stocks in the Adriatic Sea (geographical subareas 17 and 18), which introduced a maximum level of catches and a related fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagic stocks, with a derogation for national fleets with fewer than 10 purse seiners and/or pelagic trawlers actively fishing for small pelagic stocks. Those measures should be implemented in Union law.

(20) Taking into account the particularities of the Slovenian fleet and its marginal impact on the small pelagic stocks and demersal stocks, it is appropriate to preserve existing fishing patterns and to ensure access by the Slovenian fleet to a minimum quantity of small pelagic species and a minimum effort allocation for demersal stocks.

(21) At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/4 on a management plan for the sustainable exploitation of red coral in the Mediterranean Sea (geographical subareas 1 to 27), which introduced a freezing of fishing effort expressed as a maximum number of fishing authorisations, and harvest limits for red coral. Those measures should be implemented in Union law.

(22) At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/11 on management measures for the use of anchored fish aggregating devices in common dolphinfish fisheries in the Mediterranean Sea (geographical subareas 1 to 27), amending Recommendation GFCM/43/2019/1. Recommendation GFCM/43/2019/1 introduced a freezing of the fishing effort expressed as a maximum number of fishing vessels targeting common dolphinfish and Recommendation GFCM/44/2021/11 extended those measures until the end of 2023. Those measures should be implemented in Union law.

(23) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/4 on a multiannual management plan for the sustainable exploitation of demersal stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/12 and GFCM/42/2018/5. That Recommendation introduced an effort regime for the hake and catch limits for the deep-water rose shrimps, as well as a fishing capacity freeze. Those measures should be implemented in Union law.

(24) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/5 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/7 and GFCM/43/2019/6. That Recommendation introduced a catch limit and a fishing capacity freeze. Those measures should be implemented in Union law.

(25) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/6 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Ionian Sea (geographical subareas 19 to 21), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. That Recommendation introduced a catch limit and a fishing capacity freeze. Those measures should be implemented in Union law.

(26) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/7 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Levant Sea (geographical subareas 24 to 27), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. That Recommendation introduced a catch limit and a fishing capacity freeze. Those measures should be implemented in Union law.

(27) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/3 on a multiannual management plan for the sustainable exploitation of blackspot seabream in the Alboran Sea (geographical subareas 1 to 3), repealing Recommendations GFCM/44/2021/4, GFCM/43/2019/2 and GFCM/41/2017/2. That Recommendation introduced maximum levels of catches for 2023, 2024 and 2025, a maximum number of longlines and handlines authorised and new measures for recreational fisheries. Those measures should be implemented in Union law.

(28) At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot fisheries in the Black Sea (geographical subarea 29). Recommendation GFCM/43/2019/3 introduced an updated regional TAC and a quota allocation scheme for turbot, as well as further conservation measures, in particular a two-month closure period and a limitation of fishing days to 180 days per year. Those further conservation measures are functionally linked to the fishing opportunities as, without those measures in place, the TAC level for turbot should be reduced to ensure its recovery. Those measures should be implemented in Union law.

(29) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/9 on a multiannual management plan for turbot fisheries in the Black Sea (geographical subarea 29), amending Recommendation GFCM/43/2019/3. That Recommendation prolonged the existing TAC for one year. Those measures should be implemented in Union law.

(30) At its 45th annual meeting in 2022, the GFCM adopted a decision observing that during the year 2021 the Union had underexploited its quota for turbot and approving a carry-over of the unused quota in view of the exceptional situation created by the COVID-19 pandemic. That GFCM decision should be implemented in Union law. The distribution of the fishing opportunities arising from the under-exploitation should be carried out on the basis of the respective contribution of each Member State towards the under-exploitation, without modifying the distribution key established in Regulation (EU) 2022/110 concerning the annual allocation of TACs.

(31) Based on the scientific advice provided by the GFCM Working group of the Black Sea, the current level of fishing mortality should be maintained to ensure the sustainability of the stock of sprat in the Black Sea. It is therefore appropriate to continue setting an autonomous quota for that stock.

(32) The use of the fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (4) and, in particular, to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.

(33) In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishers, this Regulation should apply from 1 January 2023. To facilitate its rapid implementation, this Regulation should enter into force immediately upon its publication.

(34) In order to promote the use of the selectivity of fishing gear and to establish efficient closure areas to protect juveniles and spawners, Regulation (EU) 2022/110 established a compensation mechanism in relation to the effort regime for trawlers. Based on the experience of the first year of application and in order to ensure the full efficiency of the compensation mechanism, it is necessary to clarify how that mechanism should be implemented, including retroactively from 1 January 2022, when Regulation (EU) 2022/110 entered into force. Regulation (EU) 2022/110 should therefore be amended accordingly. In addition, as scientific advice continues to recommend the further improvement of selectivity of fishing gear and of efficiency of closure areas to protect juvenile fish, that mechanism should continue in 2023. Based on scientific advice for 2023, it is necessary to allocate 3,5 % of fishing days for trawlers, calculated from the baseline between 2015 and 2017.

(35) The fishing opportunities should be used in full compliance with Union law,

HAS ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1 Subject matter This Regulation fixes for 2023 the fishing opportunities for certain fish stocks and groups of fish stocks available in the Mediterranean and Black Seas. It also clarifies the application, in 2022, of the compensation mechanism established by Regulation (EU) 2022/110 in relation to the effort regime for trawlers.

Article 2 Scope 1. This Regulation applies to Union fishing vessels operating in the Mediterranean and Black Seas and exploiting the following fish stocks: (a) red coral (Corallium rubrum) and common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea, as defined in Article 4, point (b); (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, as defined in Article 4, point (c); (c) anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea, as defined in Article 4, point (d); (d) European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris), red mullet (Mullus barbatus) in the Adriatic Sea, as defined in Article 4, point (d); (e) giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily, as defined in Article 4, point (e), in the Ionian Sea, as defined in Article 4, point (f), and in the Levant Sea, as defined in Article 4, point (g); (f) blackspot seabream (Pagellus bogaraveo) in the Alboran Sea, as defined in Article 4, point (h); (g) sprat (Sprattus sprattus) and turbot (Scophthalmus maximus) in the Black Sea, as defined in Article 4, point (i). 2. This Regulation also applies to other Union fishing activities, including 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: (a) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State; (b) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport; (c) ‘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 can be landed from each stock each year; (ii) in all other fisheries, the quantity of fish that can be caught from each stock over the period of a year; (d) ‘quota’ means a proportion of the TAC allocated to the Union or a Member State; (e) ‘Union autonomous quota’ means a catch limit autonomously allocated to Union fishing vessels in the absence of an agreed TAC; (f) ‘analytical quota’ means a Union autonomous quota for which an analytical assessment is available; (g) ‘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; (h) ‘fish aggregating device’ (FAD) means any anchored equipment floating on the sea surface with the objective of attracting fish.

Article 4 Fishing zones For the purposes of this Regulation, the following geographical zone definitions apply: (a) ‘GFCM geographical subareas’ mean the areas defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (5); (b) ‘Mediterranean Sea’ means the waters in GFCM geographical subareas 1 to 27, as defined in Annex I to Regulation (EU) No 1343/2011; (c) ‘western Mediterranean Sea’ means the waters in GFCM geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11, as defined in Annex I to Regulation (EU) No 1343/2011; (d) ‘Adriatic Sea’ means the waters in GFCM geographical subareas 17 and 18, as defined in Annex I to Regulation (EU) No 1343/2011; (e) ‘Strait of Sicily’ means the waters in GFCM geographical subareas 12, 13, 14, 15 and 16, as defined in Annex I to Regulation (EU) No 1343/2011; (f) ‘Ionian Sea’ means the waters in GFCM geographical subareas 19, 20 and 21, as defined in Annex I to Regulation (EU) No 1343/2011; (g) ‘Levant Sea’ means the waters in GFCM geographical subareas 24, 25, 26 and 27, as defined in Annex I to Regulation (EU) No 1343/2011; (h) ‘Alboran Sea’ means the waters in GFCM geographical subareas 1 to 3, as defined in Annex I to Regulation (EU) No 1343/2011; (i) ‘Black Sea’ means the waters in GFCM geographical subarea 29, as defined in Annex I to Regulation (EU) No 1343/2011.

TITLE II

FISHING OPPORTUNITIES

CHAPTER I

Mediterranean Sea

Article 5 Red coral 1. This Article applies to all activities by Union fishing vessels and other Union fishing activities harvesting red coral (Corallium rubrum), namely targeted and recreational fisheries in the Mediterranean Sea. 2. For targeted fisheries, the maximum number of fishing authorisations and the maximum quantities of red coral stocks harvested by Union fishing vessels and by other Union fishing activities shall not exceed the levels set out in Annex I. 3. It shall be prohibited for Union fishing vessels subject to paragraph 2 to tranship red coral at sea. 4. For recreational fisheries, Member States shall take the necessary measures to prohibit the catch and retention on board or transhipment or landing of red coral.

Article 6 Common dolphinfish 1. This Article applies to all commercial activities by Union fishing vessels and other Union fishing activities using fish aggregating devices for catching common dolphinfish (Coryphaena hippurus), in the international waters of the Mediterranean Sea. 2. The maximum number of vessels authorised to fish for common dolphinfish is set out in Annex II.

CHAPTER II

Western Mediterranean Sea

Article 7 Demersal stocks 1. This Article applies to all 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 is set out in Annex III to this Regulation. 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 allocation among Member States of maximum catch limits for Union fishing vessels in Union waters of the western Mediterranean Sea is also set out in Annex III. 4. The allocation of fishing opportunities by Member States, as set out in this Article and Annex III, shall fulfil the following conditions: (a) it shall be in accordance with the criteria set out in Article 17 of Regulation (EU) No 1380/2013; and (b) it shall be without prejudice to: (i) exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013; (ii) deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009; (iii) additional landings allowed under Article 3 of Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013; (iv) 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; (v) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.

Article 8 Compensation mechanism 1. For the fleet segment concerned, a Member State may grant, in 2023, to vessels flying its flag an additional allocation of fishing days of 3,5 % calculated from the baseline between 2015 and 2017 of that Member State as set out in paragraph 4. 2. The Member State concerned shall notify to the Commission the list of the fishing vessels concerned by such an additional allocation of fishing days, as well as the related number of additional fishing days and the associated condition. 3. The additional allocation shall be calculated from the maximum effort allowed in the baseline between 2015 and 2017 for the relevant fleet segment of the Member State concerned, as from 1 January 2023. 4. A Member State may grant the additional allocation of fishing days referred to in paragraph 1, provided that a vessel fulfils one of the following conditions: (a) the vessel uses a trawl net with a 45 mm square-mesh codend in order to reduce by at least 25 % catches of the juveniles of hake; (b) the vessel uses a trawl net with a 50 mm square-mesh codend for deep-water fisheries in order to reduce by at least 25 % catches of blue and red shrimps with a carapace length (CL) of less than 25 mm in geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11 and to reduce by at least 25 % catches of giant red shrimps with a CL of less than 35 mm in the geographical subareas 8, 9, 10 and 11; (c) the vessel uses a regulated highly selective gear, the technical specifications of which result in, according to the scientific study by STECF, a reduction of at least 25 % of catches of juveniles of all demersal species or at least 20 % of catches of spawners of all demersal species compared to 2020, such as a sorting grid with 20 mm spacing; (d) the Member State concerned has established temporary closure areas in order to reduce by at least 25 % catches of juveniles of all demersal species or by at least 20 % catches of spawners of all demersal species; (e) the Member State concerned has adopted a new minimum conservation reference size for hake of at least 26 cm, in order to progressively reach the length at first maturity; or (f) the Member State concerned has set a closure of at least four continuous weeks for fishing activities with trawlers in the areas and periods recognised as important, on the basis of the best available scientific advice, for the protection of spawners of hake stocks. Such areas shall also account for spatial patterns of spawners’ distribution, including depths from 150 m to 500 m. The periods of the temporary fishing closure shall be from February to March and from October to November. 5. The Member State concerned shall also separately notify every month to the Commission the effort deployed to be counted against the additional allocation referred to in paragraph 4, by using the specific reporting codes for that allocation. 6. The Member State concerned shall submit to the Commission, by 15 October at the latest, all available information related to the implementation of the measures referred to in paragraph 4, points (a) to (f).

Article 9 Data recording and transmission 1. Member States shall record and transmit the fishing effort data to the Commission in accordance with Article 10 of Regulation (EU) 2019/1022. 2. When submitting effort data to the Commission in accordance with this Article, Member States 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 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 shall not exceed the levels set out in Annex IV. 3. The maximum fleet capacity, expressed in number of vessels, kW and GT, of Union fishing vessels authorised to fish small pelagic stocks, is set out in Annex IV.

Article 11 Demersal stocks 1. This Article applies to all 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 demersal stocks and the maximum fleet capacity within the scope of this Article is set out in Annex IV. 3. A Member State may amend its fishing effort allocation as set out in Annex IV by transferring fishing days across fishing effort groups of the same geographical area and/or gear, provided that it applies a national conversion factor which is supported by the best available scientific advice. 4. Member States shall manage the maximum allowable fishing effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

Article 12 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 Annex IV.

CHAPTER IV

Strait of Sicily

Article 13 Demersal stocks 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 level of catches of deep-water rose shrimp shall not exceed the levels set out in Annex V. 3. The maximum allowable fishing effort for hake and 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 are set out in Annex V. 4. 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 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 for demersal stocks is set out in Annex V. 3. The maximum level of catches shall not exceed the levels set out in Annex V.

Article 15 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 Annex V.

CHAPTER V

Ionian Sea and Levant Sea

Article 16 Deep-water shrimps 1. This Article applies to all 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 demersal stocks is set out in Annex VI. 3. The maximum level of catches shall not exceed the levels set out in Annex VI.

CHAPTER VI

Alboran Sea

Article 17 Blackspot seabream 1. This Article applies to commercial and recreational fishing with longlines and handlines by Union fishing vessels catching blackspot seabream (Pagellus bogaraveo) in the Alboran Sea. 2. The maximum level of catches shall not exceed the levels set out in Annex VII. 3. The maximum number of longlines and handlines authorised to fish for blackspot seabream is set out in Annex VII. 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 (Pagellus bogaraveo) shall apply to recreational fisheries in the Alboran Sea. Recreational fishing for this species shall be prohibited during the closure period of commercial fisheries set at national level.

CHAPTER VII

Black Sea

Article 18 Allocation of fishing opportunities for 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, the allocation of such quota among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII.

Article 19 Allocation of fishing opportunities for 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 and the allocation of such TAC among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII.

Article 20 Management of fishing effort for turbot Union fishing vessels authorised to fish for turbot within the scope of Article 19, irrespective of a vessel’s overall length, 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 retaining on board, transhipment, 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 1. The allocation of fishing opportunities among Member States as set out in Articles 18 and 19 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; and (c) deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009. 2. 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 23 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 of sprat and turbot caught in Union waters in the Black Sea, they shall use the stock codes set out in Annex VIII to this Regulation.

TITLE III

FINAL PROVISIONS

Article 24 Amendment to Regulation (EU) 2022/110 Annex III to Regulation (EU) 2022/110 is amended in accordance with Annex IX to this Regulation.

Article 25 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 2023. However, Article 24 shall apply from 1 January 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 January 2023. For the Council The President P. KULLGREN

(1) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

(2) Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1).

(3) Council Regulation (EU) 2022/110 of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 21, 31.1.2022, p. 165).

(4) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

(5) Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 347, 30.12.2011, p. 44).