EUROPEAN COMMISSION Brussels, 27.10.2020 COM(2020) 668 final 2020/0308(NLE) Proposal for a COUNCIL REGULATION fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters



EXPLANATORY MEMORANDUM 1.CONTEXT OF THE PROPOSAL •Reasons for and objectives of the proposal All fishing opportunities regulations must limit the harvesting of the fish stocks to levels that must be consistent with the overall objectives of the Common Fisheries Policy (CFP). In this respect, Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy (“the Basic Regulation”) sets out the objectives for the annual proposals for catch and fishing effort limitations to ensure that Union fisheries are ecologically, economically and socially sustainable. The fishing opportunities exercise represents an annual management cycle (biennial in the case of deep-sea stocks). However, this does not stand in the way of the introduction of long-term management approaches. The multiannual plans for the North Sea and for the Western Waters had been adopted by the European Parliament and the Council and were published in the Official Journal of the European Union. This proposal contains fishing opportunities that the Union establishes autonomously. However, it also features fishing opportunities resulting from multilateral or bilateral fisheries consultations. The outcome is implemented by providing for internal allocation among Member States on the principle of relative stability. Thus, this proposal covers, apart from autonomous Union stocks: ·Shared stocks, i.e. stocks that are to be jointly managed with the United Kingdom in the North Sea and the north-western waters, with Norway in the North Sea and the Skagerrak, or related to North East Atlantic Fisheries Commission (NEAFC) Coastal State consultations; ·Fishing opportunities resulting from agreements reached in the framework of Regional Fisheries Management Organisations (RFMOs). A number of fishing opportunities are marked as "pm" (pro memoria) in this proposal. This is due to the fact that: –the advice on some stocks is not available at the time when the proposal is adopted; or –certain catch limitations and other recommendations from the relevant RFMOs are pending because their annual meetings have not taken place yet; or –for some stocks in Greenland waters, for shared stocks or fishing opportunities exchanged with third countries, the figures are not available yet, pending the conclusion of consultations with Greenland and those third countries. The transition period set out in the EU-United Kingdom withdrawal agreement expires at the end of 2020, after the UK has indicated it has no interest in its further extension. The stocks for which the Commission will need to consult with the UK on quota shares for fishing opportunities for 2021 and 2022 are therefore presented as pro memoria, pending the outcome of the ongoing negotiations regarding the cooperation on these stocks, including fishing opportunities, quota shares and access to the UK waters. Approach for setting fishing opportunities As usual, the Commission has reviewed the situation to which the fishing opportunities proposals must respond via its annual Communication: towards more sustainable fishing in the EU: state of play and orientations for 2021 (COM(2020)248), hereinafter "Communication"). The Communication provides an overview of the state of the stocks based on the findings of the scientific advice available and explains the process for establishing fishing opportunities. In response to the Commission's request, the International Council for the Exploration of the Seas (ICES) provided on 30 June 2020 its annual advice on a number of fish stocks covered by this proposal. Scientific advice delivered by ICES is essentially dependent on data: only stocks for which there is sufficient and reliable data can be fully assessed, so that stock size estimates are produced, as well as a forecast of how they will react to the various exploitation scenarios (this is referred to as "catch scenario tables"). Where sufficient data is available, the scientific bodies are able to provide estimates of adjustments to the fishing opportunities that will bring the stock to produce its maximum sustainable yield (MSY). The advice is then referred to as "MSY advice". In other cases, the scientific bodies rely on the precautionary approach to make recommendations as to what the level of fishing opportunities should be. The methodology followed by ICES to that end is presented in ICES published material pertaining to the implementation of advice for data limited stocks. All the proposed fishing opportunities respond to the scientific advice received by the Commission as to the state of the stocks, which has been used in the manner outlined in the Communication.

Landing obligation introduced by Regulation (EU) No 1380/2013 The landing obligation introduced by the Basic Regulation of the CFP was introduced progressively from 2015 to 2019. As from 1 January 2019, all stocks under catch limits are subject to the landing obligation. Certain exceptions from the landing obligation provided for in the Basic Regulation may apply. Based on the joint recommendations submitted by the Member States, the Commission adopted Delegated Regulations laying down specific discard plans, which allow limited quantities of discards to occur on the basis of de minimis or high survivability exemptions. With the introduction of the landing obligation, and in accordance with Article 16(2) of Regulation (EU) No 1380/2013, the fishing opportunities proposed have to reflect the change from amount landed to amount caught, taking into account that discards are no longer allowed. This is done on the basis of the received scientific advice for the fish stocks in fisheries referred to in Article 15(1) of the Basic Regulation of the CFP. The fishing opportunities should also be fixed in accordance with other relevant provisions, i.e. Articles 16(1) (referring to the principle of relative stability) and 16(4) (referring to the objectives of the Common Fisheries Policy and the rules provided for in multiannual plans). Therefore, to take account of the full application of the landing obligation, the Commission proposes TACs on the basis of catch advice instead of previously used landings advice. The proposed Union quotas take account of the fact that certain limited discards based on established exemptions will occur, and thus will not be landed and counted against the quotas. Therefore, these amounts are deducted from the Union quotas. Inter-annual flexibility Finally, the links between the Basic Regulation of the CFP and Council Regulation (EC) No 847/96 must be considered. The latter establishes additional conditions for year-to-year management of TACs, including flexibility provisions under Articles 3 and 4 for precautionary and analytical stocks respectively. Under its Article 2, when fixing the TACs, the Council is to decide to which stocks Articles 3 and 4 shall not apply, in particular on the basis of the biological status of the stocks. More recently, another flexibility mechanism was introduced by Article 15(9) of Regulation (EU) No 1380/2013. Therefore, in order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources and hinder the achievement of the objectives of the Common Fisheries Policy, it should be clarified that Article 3 and 4 of Regulation (EC) No 847/96 cannot apply in addition to the year-to-year flexibility provided for in Article 15(9) of Regulation 1380/2013. The inter-annual flexibility under Article 15(9) of Regulation (EU) No 1380/2013 should be excluded where the application of this flexibility would undermine the achievement of the CFP objectives, in particular for stocks with spawning biomass below Blim. Measures on European eel The Commission proposes the continuation of the set of measures for European eel. Measures on sea bass The measures for European seabass will be established following the scientific advice by ICES after the full analysis of that advice has been made. The levels of proposed TACs and explanation When the Western Waters Multiannual Plan was adopted, the Commission made a statement that, where the Commission proposes setting TACs that deviate by more than 20% from the previously established TAC level, these cases will be listed in the explanatory memorandum of the Commission Proposal, providing, where appropriate, the underlying reasons for the TAC variations. The Commission has decided to provide such overview for all TACs included in its proposal. Differently from the previous years, the proposed TACs for 2021 for stocks not shared with the third countries follow the same methodology as for shared stocks: the de minimis amount is not deducted from the TAC, but when setting the Union quota. In order to ensure an accurate comparison with 2020, for those stocks the change based on the level of the Union quota is indicated in the column Proposed TAC change from 2020.

TAC Sea Area Name Proposed TAC for 2021 Proposed TAC change from 2020* Explanation Anglerfish in 8c, 9 and 10; Union waters of CECAF 34.1.1 Southern Bay of Biscay, Portuguese Waters, Azores Grounds; Union waters of CECAF 34.1.1 3 672 -12,5% The TAC comprises two species of anglerfish, one with MSY advice and another with precautionary advice. The Commission proposes to set the TAC in line with the scientific advice, by combining the scientific advice figures and allocating an established percentage to this TAC. When setting the Union quota, a de minimis amount has been deducted. Hake in 8c, 9 and 10; Union waters of CECAF 34.1.1 Southern Bay of Biscay, Portuguese Waters, Azores Grounds; Union waters of CECAF 34.1.1 7 825 -12,7% The Commission proposes decreased the TAC in line with the scientific advice. When setting the Union quota, a de minimis amount has been deducted. Horse Mackerel in 9 Portuguese Waters 128 627 +5,3% The Commission proposes to increase the TAC by 10% in line with the ICES advice for MSY point value. When setting the Union quota, a de minimis amount has been deducted. Megrims in 8c, 9 and 10; Union waters of CECAF 34.1.1 Southern Bay of Biscay, Portuguese Waters, Azores Grounds; Union waters of CECAF 34.1.1 2 158 -10,8% The TAC comprises two species. The Commission proposes to set the TAC in line with the MSY advice for the two species. When setting the Union quota, a de minimis amount has been deducted. Norway lobster in 8c Southern Bay of Biscay 2,4 -11,1% The Commission proposes to set the TAC in line with the ICES advice for sentinel fishery in the functional units 25 and 31. Plaice in Kattegat Kattegat 719 -69,4% The Commission proposes to set the TAC in line with the ICES advice, at the MSY point value. When setting the Union quota, a de minimis amount has been deducted. Plaice in 7b and 7c West of Ireland and Porcupine Bank 19 -74% The Commission proposes to decrease the TAC in line with the scientific advice. Plaice in 8, 9 and 10; Union waters of CECAF 34.1.1 Bay of Biscay, Portuguese Waters, Azores Grounds; Union waters of CECAF 34.1.1 155 -43,7% The Commission proposes to decrease the TAC in line with the scientific advice. Pollack in 8a, 8b, 8d and 8e Bay of Biscay (North, Central, Offshore) and West of Bay of Biscay 1 037 -30,0% The Commission proposes to decrease the TAC by 30%, in the direction of the scientific advice. Pollack in 8c Southern Bay of Biscay 166 -20,0% The Commission proposes to decrease the TAC by 20%, in the direction of the scientific advice. Pollack in 9 and 10; Union waters of CECAF 34.1.1 Portuguese Waters and Azores Grounds; Union waters of CECAF 34.1.1 203 -20,0% The Commission proposes to decrease the TAC by 20%, in the direction of the scientific advice. Common sole in 3a; Union waters of subdivisions 22-24 Skagerrak, Kattegat 596 +11,8% The Commission proposes to increase TAC be by 12% in line with the scientific advice for MSY point value. Common sole in 7b and 7c West of Ireland and Porcupine Bank 34 -20% The Commission proposes to decrease the TAC by 20%, in the direction of the scientific advice. Common sole in 8a and 8b Bay of Biscay (North and Central) 3 483 -8,4% The Commission proposes to set the TAC in line with the scientific advice for MSY point value. When setting the Union quota, a de minimis amount has been deducted. Sole in 8c, 8d, 8e, 9 and 10; Union waters of CECAF 34.1.1 Bay of Biscay (South and offshore), West of Bay of Biscay, Portuguese Waters, Azores Grounds; Union waters of CECAF 34.1.1 502 -41,5% The stock of common sole is a target stock under the Western Waters multiannual plan. The Commission proposes to decrease the TAC in line with the scientific advice. * For TACs with a minimis deduction, the comparison is made on the basis of Union quotas. •Deletion of the not limiting TACs with low uptake Some TACs have not been limiting for a number of years, as fishery patterns have changed. Where these patterns are expected to continue and removing a TAC would result in a low risk of overexploitation, the Commission suggests that TACs not longer be set for those stocks and areas. •Consistency with existing policy provisions in the policy area The measures proposed are designed in accordance with the objectives and the rules of the Common Fisheries Policy and are consistent with the Union's policy on sustainable development. •Consistency with other Union policies

The measures proposed are consistent with other Union policies, in particular with the policies in the field of environment. 2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY •Legal basis The legal basis of this proposal is Article 43(3) of the Treaty on the Functioning of the European Union. The Union's obligations for sustainable exploitation of living aquatic resources arise from obligations set out in Article 2 of the Basic Regulation of the CFP. •Subsidiarity (for non-exclusive competence) The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of the Treaty. The subsidiarity principle therefore does not apply. •Proportionality The proposal complies with the proportionality principle for the following reason: the CFP is a common policy. According to Article 43(3) of the Treaty, it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities. The proposed Council Regulation allocates fishing opportunities to Member States. Having regard to Articles 16 and 17 of the Basic Regulation, Member States then proceed to allocate in turn such opportunities among regions or operators as they see fit. Therefore, Member States have ample room for manoeuvre on decisions related to the social/economic model of their choice to exploit their allocated fishing opportunities. The proposal has no new financial implications for Member States. The Council adopts this Regulation every year, and the public and private means to implement it are already in place. •Choice of the instrument Proposed instrument: regulation. 3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS •Ex-post evaluations/fitness checks of existing legislation The fishing opportunities regulation is revised several times per year to introduce the necessary changes to reflect the most recent scientific advice and other developments. •Stakeholder consultations (a)Consultation methods, main sectors targeted and general profile of respondents The Commission has consulted stakeholders, in particular through the Advisory Councils (ACs), and Member States on its proposed approach to its various fishing opportunities proposals on the basis of its Communication towards more sustainable fishing in the EU: state of play and orientations for 2021. In addition, the Commission has followed the orientations outlined in its Communication to the Council and European Parliament on improving consultation on Community fisheries management (COM(2006)246 final), which sets out the principles for the so-called "front-loading process".

(b)Summary of responses and how they were taken into account The response to the Commission Communication mentioned above reflects the views of stakeholders on the evaluation made by the Commission of the state of the resources and how to ensure the appropriate management response. These responses have been considered by the Commission when formulating the Proposal. •Collection and use of expertise As for the methodology used, the Commission consulted, as already noted, the International Council for the Exploration of the Sea (ICES). Advice from ICES is based on an advice framework developed by its expert groups and decision-making bodies and issued in accordance with the Memorandum of Understanding agreed with the Commission. The ultimate objective is to bring and maintain the stocks to levels that can deliver Maximum Sustainable Yield (MSY). This objective has been incorporated expressly in the Basic Regulation of the CFP, in particular its Article 2(2) stating that this objective “shall be achieved by 2015 where possible, and […] by 2020 for all stocks". This reflects the commitment taken by the Union regarding the conclusions of the 2002 World Summit on Sustainable Development in Johannesburg and its related Plan of Implementation. As already noted, for some stocks information on maximum sustainable yield levels is indeed available. Among these, there are very important stocks in terms of volume of catches and commercial value such as hake, cod, anglerfish, sole, megrims, haddock and Norway lobster. Fishing opportunities for target stocks in the North Sea and Western Waters are to be set on the basis of the relevant MAPs, which define Fmsy ranges of mortality and therefore offer a degree of flexibility under specific conditions. ICES has been requested to give advice that makes it possible to assess the need for and possibility of using this flexibility. The upper range of Fmsy values are used to propose TACs only if, based on scientific advice, the setting of fishing opportunities in accordance with the Fmsy ranges would be either necessary to achieve the objectives set out in the relevant MAP in the case of mixed fisheries, or to avoid serious harm to a stock caused by intra- or inter-species stock dynamics, or to limit high fluctuations between the years. In cases when the stock's biomass is below the reference points referred to in the Plan, the fishing opportunities are to be fixed at a level corresponding to the fishing mortality that is reduced proportionally taking into account the decrease of the stock's biomass. Reaching the MSY objective may, in certain cases, require a reduction in fishing mortality rates and/or a reduction in catches. Against this background, this proposal makes use of the MSY advice, where available. In line with the objectives of the Common Fisheries Policy, where TACs are proposed on the basis of MSY advice, the TAC corresponds to the level that, according to that advice, would ensure delivery of the MSY objective in 2021. This approach follows the principles presented in the Communication towards more sustainable fishing in the EU: state of play and orientations for 2021. For data-limited stocks, the scientific advisory bodies issue recommendations as to whether to reduce, stabilise or allow catches to increase. ICES advice has in many cases provided quantitative guidance about such variations. This guidance has been used to set the TACs proposed. For some stocks (mainly widely distributed stocks, sharks and rays), the advice will be issued in the autumn. This proposal will need to be updated as appropriate once that advice is received. Finally, as mentioned above, for certain stocks the advice is used for the purpose of implementing management plans. •Impact assessment The scope of the fishing opportunities regulation is circumscribed by Article 43(3) of the Treaty. The proposal seeks to avoid short-term approaches in favour of long-term sustainability decisions, and hence it takes into account initiatives from stakeholders and Advisory Councils if they have been positively reviewed by ICES and/or STECF. Furthermore, the Commission's CFP reform proposal was duly developed on the basis of an impact assessment (SEC(2011)891) in the context of which the MSY objective was analysed. Its conclusions identify this objective as a necessary condition to achieve environmental, economic and social sustainability. As regards RFMO fishing opportunities and stocks that are shared with third countries, this proposal essentially implements internationally agreed measures. Any elements relevant to assess possible impacts of the fishing opportunities are dealt with in the preparation and conduct phase of international negotiations in the framework of which the Union's fishing opportunities are agreed with third parties. •Regulatory fitness and simplification The proposal provides for simplification of administrative procedures for public authorities (Union or national), in particular as regards requirements regarding the effort management. •Fundamental rights Not applicable 4.BUDGETARY IMPLICATIONS The proposed measures will have no budgetary implications. 5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements The provisions of the Regulation will be implemented and the compliance will be controlled in accordance with the existing Common Fisheries Policy. 2020/0308 (NLE) Proposal for a COUNCIL REGULATION fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters 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 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on the fixing and allocation of fishing opportunities. (2)Regulation (EU) No 1380/2013 of the European Parliament and of the Council 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) and other advisory bodies, as well as any advice received from advisory councils. (3)It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities should be fixed in accordance with the objectives of the Common Fisheries Policy (CFP) established in Article 2(2) of that Regulation. In accordance with Article 16(1) of that Regulation, fishing opportunities should be allocated to Member States in such a way as to ensure relative stability of fishing activities of each Member State for each fish stock or fishery. (4)The total allowable catch (TAC) should therefore be established, in line with Regulation (EU) No 1380/2013, on the basis of available scientific advice, taking into account biological and socio‑economic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, in particular at the meetings of the advisory councils. (5)In accordance with Article 15 of Regulation (EU) No 1380/2013, the landing obligation applies fully from 1 January 2019 and all species subject to catch limits should be landed. Article 16(2) of Regulation (EU) No 1380/2013 provides that, when the landing obligation in respect of a fish stock applies, fishing opportunities are to be fixed taking into account the change from fixing fishing opportunities that reflect landings to fixing fishing opportunities that reflect catches. On the basis of the joint recommendations submitted by the Member States and in accordance with Article 15 of Regulation (EU) No 1380/2013, the Commission adopted a number of delegated Regulations laying down details for the implementation of the landing obligation in the form of specific discard plans. (6)The fishing opportunities for stocks of species falling under the landing obligation should take into account the fact that discarding is in principle no longer allowed. Therefore, the fishing opportunities should be based on the advice figure for total catches (instead of the advice figure for wanted catches), as provided by the International Council for the Exploration of the Sea (ICES). The amounts that, by way of exception, may continue to be discarded during the operation of the landing obligation should be deducted from that advice figure for total catches. (7)There are certain stocks for which ICES has issued scientific advice for no catches. If TACs for those stocks are established at the level indicated in the scientific advice, the obligation to land all catches, including by‑catches from those stocks, in mixed fisheries would lead to the phenomenon of ‘choke species’. In order to strike the right balance between continuing fisheries in view of the potentially severe socio‑economic implications, and the need to achieve a good biological status for those stocks, taking into account the difficulty of fishing all stocks in a mixed fishery at maximum sustainable yield (MSY) at the same time, it is appropriate to establish specific TACs for by‑catches for those stocks. The level of those TACs should be such that mortality for those stocks is decreased and that it provides incentives for improvements in selectivity and avoidance. (8)In order to reduce catches of the stocks for which by‑catch TACs are set, fishing opportunities for the fisheries in which fish from those stocks is caught should be set at levels that help the biomass of vulnerable stocks to recover to sustainable levels. Technical and control measures that are intrinsically linked to fishing opportunities should also be established to prevent illegal discarding. (9)In accordance with the Western Waters multiannual plan established by Regulation (EU) 2019/472 of the European Parliament and of the Council, the target fishing mortality, in line with the ranges of FMSY defined in Article 2 of that Regulation, is to be achieved as soon as possible, and on progressive and incremental basis by 2020 for the stocks listed in Article 1(1) of that Regulation and shall be maintained thereafter within the ranges of FMSY, in accordance with Article 4 of that Regulation. The overall fishing mortality for seabass in ICES divisions 8a and 8b should therefore be set in line with MSY, taking into account commercial and recreational catches and including discards (3 108 tonnes altogether according to the ICES advice). Member States are to take appropriate measures to ensure that the fishing mortality from their fleets and from their recreational fishermen does not exceed FMSY point value, as required by Article 4(3) of Regulation (EU) 2019/472. (10)Measures for recreational fisheries for European seabass should also be continued, taking account of the significant impact of such fisheries on the stocks concerned. Within the limits of the scientific advice, the bag limits should be continued. Considering the lack of sufficient selectivity and that higher number of specimens are likely to be caught than the established limits, fixed nets should be excluded. Having considered environmental, social and economic circumstances, and especially the dependency of commercial fishermen on those stocks in coastal communities, those measures on European seabass would strike an appropriate balance between the interests of commercial and recreational fishermen. In particular, those measures would allow recreational fishermen to exercise their fishing activities by taking into account their impact on those stocks.

(11)As regards the European eel (Anguilla anguilla) stock, ICES has advised that all anthropogenic mortalities, including recreational and commercial fisheries, should be reduced to zero, or kept as close to zero as possible. Moreover, the General Fisheries Commission for the Mediterranean (GFCM) adopted Recommendation GFCM/42/2018/1 establishing management measures for European eel in the Mediterranean. It is appropriate to maintain the level-playing field across the Union and hence to maintain also for the Union waters of the ICES area as well as brackish waters such as estuaries, coastal lagoons and transitional waters a consecutive three‑month closure period for all fisheries of European eel at all life stages. As the fishing closure period should be consistent with the conservation objectives set out in Council Regulation (EC) No 1100/2007 and with the temporal migration patterns of European eel, for the Union waters of the ICES area it is appropriate to set it in the period between 1 August 2021 and 28 February 2022. (12)For some years, certain TACs for stocks of elasmobranchs (skates, sharks, rays) have been set at zero, with a linked provision establishing an obligation to immediately release accidental catches. The reason for that specific treatment was the poor conservation status of those stocks and the assumption that discarding, because of high survival rates, would not raise fishing mortality rates and would be beneficial for the conservation of those species. As of 1 January 2019, however, catches of those species have to be landed, unless they are covered by any of the derogations from the landing obligation provided for in Article 15 of Regulation (EU) No 1380/2013. Point (a) of Article 15(4) of that Regulation allows such derogations for species in respect of which fishing is prohibited and which are identified as such in a Union legal act adopted in the area of the CFP. Therefore, it is appropriate to prohibit fishing of those species in the areas concerned. (13)Pursuant to Article 16(4) of Regulation (EU) No 1380/2013, for stocks subject to specific multiannual plans the TACs should be established in accordance with the rules laid down in those plans. (14)The North Sea multiannual plan was established by Regulation (EU) 2018/973 of the European Parliament and of the Council and entered into force in 2018. The Western Waters multiannual plan entered into force in 2019. Fishing opportunities for stocks listed in Article 1 of those plans should be established in accordance with targets (ranges of FMSY) and safeguards in compliance with conditions provided for in those plans. The ranges of FMSY have been identified in the relevant ICES advice. Where no adequate scientific information is available, fishing opportunities for by‑catch stocks should be established in accordance with the precautionary approach, as set out in the multiannual plans. (15)In accordance with Article 8 of the Western Waters multiannual plan, where scientific advice indicates that the spawning stock biomass of any of the stocks referred to in Article 1(1) of that plan is below the Blim, further remedial measures must be taken to ensure rapid return of the stock to levels above the level capable of producing MSY. In particular, those remedial measures may include suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities for those stocks and/or other stocks in the fisheries. (16)The TACs for bluefin tuna in the eastern Atlantic and Mediterranean should be established in accordance with the rules laid down in Regulation (EU) 2016/1627 of the European Parliament and of the Council. (17)On 17 December 2018 ICES has published scientific advice on the inter‑area flexibility for horse mackerel (Trachurus spp.) between ICES divisions 8c and 9a. ICES advised the inter‑area flexibility between those two stocks should not exceed the difference between the catch corresponding to a fishing mortality of Fp.05 and the established TAC. There should also be no transfer of TAC to a stock with a spawning‑stock biomass below the limit reference point (Blim). Under the conditions of that scientific advice, the inter‑area flexibility (special condition) for horse mackerel between ICES subarea 9 and ICES division 8c for 2021 should be established at [10 %]. (18)For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in point (8) of Article 4(1) of Regulation (EU) No 1380/2013, while taking into account stock‑specific factors, including, in particular, available information on stock trends and mixed fisheries considerations. (19)Council Regulation (EC) No 847/96 introduced additional conditions for year‑to‑year management of TACs including, under Articles 3 and 4 of that Regulation, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when establishing the TACs, the Council is to decide to which stocks Article 3 or 4 of that Regulation is not to apply, in particular on the basis of the biological status of the stocks. In 2014, a further year‑to‑year flexibility mechanism was introduced by Article 15(9) of Regulation (EU) No 1380/2013 for all stocks that are subject to the landing obligation. Therefore, in order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of marine biological resources, hinder the achievement of the objectives of the CFP and deteriorate the biological status of the stocks, it should be established that Articles 3 and 4 of Regulation (EC) No 847/96 apply to analytical TACs only where the year‑to‑year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used. (20)The inter‑annual flexibility under Article 15(9) of Regulation (EU) No 1380/2013 should be excluded where the application of this flexibility would undermine the achievement of the CFP objectives, in particular for stocks with spawning biomass below Blim. (21)Where a TAC relating to a stock is allocated to one Member State only, it is appropriate to empower that Member State, in accordance with Article 2(1) of the Treaty, to determine the level of such TAC. Provisions should be made to ensure that, when fixing that TAC level, the Member State concerned acts in a manner fully consistent with the principles and rules of the CFP. (22)It is necessary to establish the fishing effort ceilings for 2021 in accordance with Articles 5, 6, 7 and 9 of, and Annex I to, Regulation (EU) 2016/1627. (23)In order to guarantee full use of fishing opportunities, it is appropriate to allow for the implementation of a flexible arrangement between certain TAC areas where the same biological stock is concerned. (24)For certain species, such as certain species of sharks, even a limited fishing activity could result in a serious conservation risk. Fishing opportunities for such species should therefore be fully restricted through a general prohibition on fishing those species. (25)At the 12th Conference of the Parties of the Convention on the Conservation of Migratory Species of Wild Animals, held in Manila from 23 to 28 October 2017, a number of species were added to the lists of protected species in Appendices I and II to that Convention. Therefore, it is appropriate to provide for the protection of those species with respect to Union fishing vessels fishing in all waters and non‑Union fishing vessels fishing in Union waters. (26)The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009, 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. (27)It is appropriate, following advice from ICES, to maintain a specific system to manage sandeel and associated by‑catches in Union waters of ICES divisions 2a and 3a and ICES subarea 4. Given that the ICES scientific advice is expected to become available only in February 2021, it is appropriate to set the TAC and quotas for that stock provisionally at zero until such advice is released. (28)[In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway and the Faroe Islands, the Union has held consultations on fishing rights with those partners. In accordance with the procedure provided for in the agreement and protocol on fisheries relations with Greenland, the Joint Committee has established the level of fishing opportunities available for the Union in Greenland waters in 2021. It is therefore necessary to include those fishing opportunities in this Regulation. The recital and the relevant provisions will be updated after the relevant international consultations] (29)The Union TAC for Greenland Halibut in international waters of ICES subareas 1 and 2 is without prejudice to the Union’s position on the appropriate Union share in this fishery. (30)[At its annual meeting in 2019, the North‑East Atlantic Fisheries Commission (NEAFC) was unable to adopt conservation measures for the two redfish stocks in the Irminger Sea. The relevant TACs should be established for those stocks, in line with the positions expressed by the Union in NEAFC. The recital and the relevant provisions will be updated after the NEAFC annual meeting]

(31)[At its annual meeting in 2017, the International Commission for the Conservation of Atlantic Tunas (ICCAT) agreed that in 2018 and 2019, the ICCAT may distribute the unallocated reserves for bluefin tuna for 2019 and 2020, considering in particular the needs of coastal developing ICCAT contracting parties and cooperating non‑contracting parties, entities or fishing entities (CPCs) in their artisanal fisheries. That distribution was agreed at the inter‑sessional meeting of Panel 2 of ICCAT (Madrid, March 2018) based, for the Union allocation, on the information received from three Member States: Greece, Spain and Portugal. As a result, the Union received specific additional fishing opportunities of 87 tonnes for 2019 and 100 tonnes for 2020 to be used by the Union artisanal fleets in certain Union regions. That allocation of fishing opportunities to the Union was endorsed by ICCAT at its annual meetings in 2018 and 2019. The parameters established by the Council for establishing an allocation key for 2019 between Greece, Spain and Portugal remain valid for 2020. The recital and the relevant provisions will be updated after the ICCAT annual meeting] (32)[The ICCAT Recommendation 16‑05, decreasing for 2020 the TAC for Mediterranean swordfish, should be implemented in Union law. As is already the case for the stock of bluefin tuna in the eastern Atlantic and Mediterranean, catches in recreational fisheries of all other ICCAT stocks should be subject to the catch limits as adopted by ICCAT. The recital and the relevant provisions will be updated after the ICCAT annual meeting] (33)[At its annual meeting in 2019, ICCAT agreed for the first time on a TAC for the North Atlantic blue shark caught in association with ICCAT fisheries, and on the allocation key. The fishing opportunities for that stock should thus be allocated to the Member States. In addition, ICCAT agreed on an unallocated TAC for Southern Atlantic blue shark caught in association with ICCAT fisheries. Moreover, annual landing limits were allocated among Contracting Parties for the stocks of blue marlin and white marlin/spearfish in the Atlantic Ocean. Those measures should be implemented in Union law. The recital and the relevant provisions will be updated after the ICCAT annual meeting] (34)[At its annual meeting in 2019, the Parties to the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted catch limits for both target and by‑catch species for the period from 1 December 2019 to 30 November 2020. The uptake of the quotas during 2019 should be considered when setting fishing opportunities for 2020. The recital and the relevant provisions will be updated after the CCAMLR annual meeting] (35)[At its annual meeting in 2019, the Indian Ocean Tuna Commission (IOTC) adopted new catch limits for yellowfin tuna (Thunnus albacares) that do not affect the Union catch limits in the framework of IOTC. However, it reduced possibilities for using fish aggregating devices (FADs) and supply vessels. Measures on the retention of Mobulid rays were adopted. Those measures should be implemented in Union law. The recital and the relevant provisions will be updated after the CCAMLR annual meeting] (36)The annual meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) will be held from 25 to 29 January 2021. The current measures in the SPRFMO Convention Area should be provisionally maintained until such annual meeting is held. (37)[At its annual meeting in 2017, the Inter‑American Tropical Tuna Commission (IATTC) adopted a conservation measure for yellowfin tuna, bigeye tuna and skipjack tuna for the period 2018–2020. It was not revised at its annual meeting in 2019 and should thus continue being implemented in Union law. The recital and the relevant provisions will be updated after the IATTC annual meeting] (38)[At its annual meeting in 2019, the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) confirmed the TAC for the southern bluefin tuna for the period 2018–2020 adopted at the annual meeting in 2016. Those measures should be implemented in Union law. The recital and the relevant provisions will be updated after the IATTC annual meeting] (39)[At its annual meeting in 2019, the South East Atlantic Fisheries Organisation (SEAFO) adopted TACs for the main species under its purview. Those measures should be implemented in Union law. The recital and the relevant provisions will be updated after the SEAFO annual meeting] (40)[At its annual meeting in 2019, the Western and Central Pacific Fisheries Commission (WCPFC) kept the previously adopted conservation and management measures. Those measures should continue being implemented in Union law. The recital and the relevant provisions will be updated after the WCPFC annual meeting] (41)At its 42nd annual meeting in 2020, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of fishing opportunities for 2021 for certain stocks in subareas 1 to 4 of the NAFO Convention Area. Those measures should be implemented in the Union law. (42)[The 6th Meeting of the Parties of the Southern Indian Ocean Fisheries Agreement (SIOFA) in 2019 adopted conservation and management measures for the stocks under the scope of the Agreement. Those measures should be implemented in Union law. The recitals and the relevant provisions will be updated after the SIOFA annual meeting] (43)As regards the fishing opportunities for snow crab around the area of Svalbard, the Treaty of Paris of 1920 grants equal and non‑discriminatory access to resources for all parties to that Treaty, including with respect to fishing. The view of the Union concerning that access, as regards fishing for snow crab on the continental shelf around Svalbard, has been set out in two notes verbales to Norway dated 25 October 2016 and 24 February 2017. In order to ensure that the exploitation of snow crab within the area of Svalbard is made consistent with such non‑discriminatory management rules as may be set out by Norway, which enjoys sovereignty and jurisdiction in the area within the limits of the said Treaty, it is appropriate to fix the number of vessels that are authorised to conduct such fishery. The allocation of such fishing opportunities among Member States is limited to 2021. It is recalled that in the Union primary responsibility for ensuring compliance with applicable law lies with the flag Member States. (44)In accordance with the declaration by the Union addressed to the Bolivarian Republic of Venezuela on the granting of fishing opportunities in Union waters to fishing vessels flying the flag of Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana , it is necessary to fix the fishing opportunities for snapper available to Venezuela in Union waters. (45)Given that certain provisions are to be applied on a continuous basis, and in order to avoid legal uncertainty during the period between the end of 2021 and the date of entry into force of the Regulation fixing the fishing opportunities for 2022, the provisions concerning prohibitions and closed seasons set out in this Regulation should continue to apply at the beginning of 2022, until the entry into force of the Regulation fixing the fishing opportunities for 2022. (46)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards authorising individual Member States to manage fishing effort allocations in accordance with a kilowatt‑day system. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. (47)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards granting of additional days at sea for permanent cessation of fishing activities and for enhanced scientific observer coverage as well as establishing formats of spreadsheets for the collection and transmission of information concerning transfer of days at sea between fishing vessels flying the flag of a Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. (48)In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this Regulation should apply from 1 January 2021, except for the provisions concerning fishing effort limits, which should apply from 1 February 2021, and certain provisions concerning particular regions, which should have a specific date of application. For reasons of urgency, this Regulation should enter into force immediately after its publication. (49)Certain international measures which create or restrict fishing opportunities for the Union are adopted by the relevant regional fisheries management organisations (RFMOs) at the end of the year and become applicable before the entry into force of this Regulation. It is therefore necessary for the provisions that implement such measures in Union law to apply retroactively. In particular, since the fishing season in the CCAMLR Convention Area runs from 1 December to 30 November, and thus certain fishing opportunities or prohibitions in the CCAMLR Convention Area are laid down for a period of time starting from 1 December 2020, it is appropriate that the relevant provisions of this Regulation apply from that date. Such retroactive application does not prejudice the principle of legitimate expectations as CCAMLR members are forbidden to fish in the CCAMLR Convention Area without authorisation. (50)Fishing opportunities should be used in full compliance with Union law,

HAS ADOPTED THIS REGULATION: TITLE I

GENERAL PROVISIONS Article 1

Subject matter 1.This Regulation fixes the fishing opportunities available in Union waters and to Union fishing vessels in certain non‑Union waters, for certain fish stocks and groups of fish stocks. 2.The fishing opportunities referred to in paragraph 1 include: (a)catch limits for the year 2021 and, where specified in this Regulation, for the year 2022; (b)fishing effort limits for the year 2021, except the fishing effort limits set out in Annex II, which will apply from 1 February 2021 to 31 January 2022; (c)fishing opportunities for the period from 1 December 2020 to 30 November 2021 for certain stocks in the CCAMLR Convention Area; (d)fishing opportunities for certain stocks in the IATTC Convention Area set out in Article 30 for the periods in 2020 and 2021 specified in that Article. Article 2

Scope 1.This Regulation applies to the following vessels: (a)Union fishing vessels; (b)third‑country vessels in Union waters. 2.This Regulation also applies to recreational fisheries where such fisheries are expressly referred to in its relevant provisions. Article 3

Definitions For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply: (a)‘third‑country vessel’ means a fishing vessel flying the flag of, and registered in, a third country; (b)‘recreational fisheries’ means non‑commercial fishing activities exploiting marine biological resources such as recreation, tourism or sport; (c)‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State; (d)‘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; (e)‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country; (f)‘analytical assessment’ means 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; (g)‘mesh size’ means the mesh size of fishing nets as defined in point (34) of Article 6 of Regulation (EU) 2019/1241 of the European Parliament and of the Council; (h)‘Union fishing fleet register’ means the register set up by the Commission in accordance with Article 24(3) of Regulation (EU) No 1380/2013; (i)‘fishing logbook’ means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009; (j)‘instrumented buoy’ means a buoy clearly marked with a unique reference number allowing identification of its owner and equipped with a satellite tracking system to monitor its position; (k)‘operational buoy’ means any instrumented buoy, previously activated, switched on and deployed at sea on a drifting FAD or log, which transmits positions and any other available information such as echo-sounder estimates. Article 4

Fishing zones For the purposes of this Regulation, the following zone definitions apply: (a)ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council; (b)‘Skagerrak’ means the geographical area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from that point to the nearest point on the Swedish coast; (c)‘Kattegat’ means the geographical area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from that point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen; (d)‘Functional Unit 16 of ICES subarea 7’ means the geographical area bounded by rhumb lines sequentially joining the following positions: –53° 30' N 15° 00' W, –53° 30' N 11° 00' W, –51° 30' N 11° 00' W, –51° 30' N 13° 00' W, –51° 00' N 13° 00' W,

–51° 00' N 15° 00' W; (e)‘Functional Unit 25 of ICES division 8c’ means the geographical sea area bounded by rhumb lines sequentially joining he following positions: –43° 00' N 9° 00' W, –43° 00' N 10° 00' W, –43° 30' N 10° 00' W, –43° 30' N 9° 00' W, –44° 00' N 9° 00' W, –44° 00' N 8° 00' W, –43° 30' N 8° 00' W; (f)‘Functional Unit 26 of ICES division 9a’ means the geographical area bounded by rhumb lines sequentially joining the following positions: –43° 00' N 8° 00' W, –43° 00' N 10° 00' W, –42° 00' N 10° 00' W, –42° 00' N 8° 00' W; (g)‘Functional Unit 27 of ICES division 9a’ means the geographical area bounded by rhumb lines sequentially joining the following positions: –42° 00' N 8° 00' W, –42° 00' N 10° 00' W, –38° 30' N 10° 00' W, –38° 30' N 9° 00' W, –40° 00' N 9° 00' W,

–40° 00' N 8° 00' W; (h)‘Functional Unit 30 of ICES division 9a’ means the geographical area under the jurisdiction of Spain in the Gulf of Cádiz and in the adjacent waters of 9a; (i)‘Functional Unit 31 of ICES division 8c’ means the geographical sea area bounded by rhumb lines sequentially joining the following positions: –43° 30' N 6° 00' W, –44° 00' N 6° 00' W, –44° 00' N 2° 00' W, –43° 30' N 2° 00' W; (j)‘Gulf of Cádiz’ means the geographical area of ICES division 9a east of longitude 7º 23' 48″ W; (k)‘CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area’ is the geographical area defined in point (a) of Article 2 of Council Regulation (EC) No 601/2004; (l)CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council; (m)‘IATTC (Inter-American Tropical Tuna Commission) Convention Area’ is the geographical area defined in the Convention for the Strengthening of the Inter‑American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica; (n)‘ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area’ is the geographical area defined in the International Convention for the Conservation of Atlantic Tunas; (o)‘IOTC (Indian Ocean Tuna Commission) Area of Competence’ is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission; (p)NAFO (Northwest Atlantic Fisheries Organisation) areas are the geographical areas specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament and of the Council; (q)‘SEAFO (South East Atlantic Fisheries Organisation) Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South‑East Atlantic Ocean; (r)‘SIOFA (Southern Indian Ocean Fisheries Agreement) Agreement Area’ is the geographic area defined in the Southern Indian Ocean Fisheries Agreement; (s)‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean; (t)‘WCPFC (Western and Central Pacific Fisheries Commission) Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean; (u)‘high seas of the Bering Sea’ is the geographical area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured; (v)‘overlap area between IATTC and WCPFC’ is the geographical area defined by the following limits:

–longitude 150º W, –longitude 130º W, –latitude 4º S, –latitude 50º S. TITLE II

FISHING OPPORTUNITIES

FOR UNION FISHING VESSELS Chapter I

General provisions Article 5

TACs and allocations 1.The TACs for Union fishing vessels in Union waters or in certain non‑Union waters and the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I. 2.Union fishing vessels shall be authorised to fish, within the TACs set out in Annex I to this Regulation, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 14 of, and Part A of Annex V to, this Regulation and in Regulation (EU) 2017/2403 of the European Parliament and of the Council and its implementing provisions. Article 6

TACs to be determined by Member States 1.The TACs for certain fish stocks shall be determined by the Member State concerned. Those stocks are identified in Annex I. 2.The TACs to be determined by a Member State 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 an analytical assessment is available, in the exploitation of the stock in line with MSY, with as high a probability as possible, or (ii)if an analytical assessment is unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management. 3.By 15 March 2021, each Member State concerned shall submit the following information to the Commission: (a)the TACs adopted; (b)the data collected and assessed by the Member State concerned on which the TACs adopted are based; (c)details on how the TACs adopted comply with paragraph 2.

Article 7

Conditions for landing catches and by‑catches 1.Catches that are not subject to the landing obligation under 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. 2.The stocks of non‑target species within safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 are identified in Annex I to this Regulation for the purposes of the derogation from the obligation to count catches against the relevant quotas provided for in that Article. Article 8

Fishing effort limits in ICES division 7e 1.For the periods referred to in point (b) of Article 1(2), the technical aspects of the rights and obligations related to Annex II for the management of the sole stock in ICES division 7e are set out in Annex II. 2.The Commission may, by means of implementing acts, allocate a requesting Member State a number of days at sea additional to those referred to in point 5 of Annex II, on which a vessel may be authorised by its flag Member State to be present within ICES division 7e when carrying on board any regulated gear, on the basis of such a request by that Member State, in accordance with point 7.4 of Annex II. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 5 of Regulation (EU) No 182/2011. 3.The Commission may, by means of implementing acts, allocate a requesting Member State a maximum of three days between 1 February 2020 and 31 January 2021 additional to those referred to in point 5 of Annex II, on which a vessel may be present within ICES division 7e on the basis of an enhanced programme of scientific observer coverage as referred to in point 8.1 of Annex II. Such an allocation shall be done on the basis of the description submitted by the Member State in accordance with point 8.3 of Annex II and following consultation with the STECF. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2). Article 9

Measures for recreational fisheries for European seabass in the Bay of Biscay In recreational fisheries, including from shore, in ICES divisions 8a and 8b, a maximum of two specimens of European seabass may be caught and retained per fisherman per day. This paragraph shall not apply to fixed nets, which may not be used to catch or retain European seabass. This paragraph shall be without prejudice to more stringent national measures on recreational fisheries. Article 10

Measures on European eel fisheries in Union waters of the ICES area Any targeted, incidental and recreational fishery of European eel shall be prohibited in Union waters of the ICES area and brackish waters such as estuaries, coastal lagoons and transitional waters for a consecutive three‑month period to be determined by each Member State concerned between 1 August 2021 and 28 February 2022. Member States shall communicate the determined period to the Commission no later than 1 June 2021. Article 11

Special provisions on allocations 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 Regulation (EC) No 1224/2009; (c)reallocations made pursuant to Articles 12 and 47 of Council Regulation (EU) 2017/2403; (d)additional landings allowed under 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; (g)quota transfers and exchanges pursuant to Article 16 of this Regulation. 2.Stocks which are subject to precautionary or analytical TACs are identified in Annex I to this Regulation for the purposes of the year‑to‑year management of TACs and quotas provided for in Regulation (EC) No 847/96. 3.Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to a precautionary TAC, and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC. 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 12

Remedial measures for cod in Kattegat 1.Union vessels fishing in the Kattegat with bottom trawls (gear codes: OTB, OTT, OT, TBN, TBS, TB, TX and PTB) with minimum mesh size of 70 mm shall use one of the following selective gears: (a)a sorting grid with maximum 35 mm bar spacing, with an unblocked fish outlet; (b)a sorting grid with maximum 50 mm bar spacing separating flatfish and roundfish, with an unblocked fish outlet for roundfish; (c)Seltra panel with 300 mm square‑mesh size; (d)a regulated highly selective gear, the technical attributes of which result, according to the scientific study assessed by the STECF, in catches of less than 1,5 % of cod, if it is the only gear that the vessel carries on board. 2.Those Union vessels participating in a project of a Member State concerned and having functioning equipment for fully documented fisheries may use a gear in accordance with Part B of Annex V of Regulation (EU) 2019/1241. Member States concerned shall communicate the list of those vessels to the Commission. Article 13

Prohibited species 1.It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship or to land the following species: (a)starry ray (Raja radiata) in Union waters of ICES divisions 2a, 3a and 7d and ICES subarea 4; (b)splendid alfonsino (Beryx splendens) in NAFO subarea 6. (c)leafscale gulper shark (Centrophorus squamosus) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14; (d)Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14; (e)kitefin shark (Dalatias licha) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14; (f)birdbeak dogfish (Deania calcea) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;

(g)common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division 2a and ICES subareas 3, 4, 6, 7, 8, 9 and 10; (h)great lanternshark (Etmopterus princeps) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14; (i)tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14; (j)porbeagle (Lamna nasus) in all waters; (k)thornback ray (Raja clavata) in Union waters of ICES division 3a; (l)undulate ray (Raja undulata) in Union waters of ICES subareas 6 and 10; (m)whale shark (Rhincodon typus) in all waters; (n)common guitarfish (Rhinobatos rhinobatos) in the Mediterranean; (o)picked dogfish (Squalus acanthias) in Union waters of ICES subareas 2, 3, 4, 5, 6, 7, 8, 9 and 10, with the exception of avoidance programmes as set out in Annex IA. 2.When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released. Article 14

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 and fishing effort, they shall use the stock codes set out in Annex I to this Regulation. Chapter II

Fishing authorisations in third‑country waters Article 15

Fishing authorisations 1.The maximum number of fishing authorisations for Union fishing vessels in third-country waters is set out in Part A of Annex V. 2.Where one Member State transfers quota to another Member State (‘swap’) in the fishing areas set out in Part A of Annex V to this Regulation on the basis of Article 16(8) of Regulation (EU) No 1380/2013, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Part A of Annex V to this Regulation, shall not be exceeded. Chapter III

Fishing opportunities in waters

of regional fisheries management organisations Section 1

General provisions Article 16

Quota transfers and exchanges 1.Where, under the rules of a regional fisheries management organisation (RFMO), quota transfers or exchanges between the Contracting Parties to the RFMO are permitted, a Member State (‘the Member State concerned’) may discuss with a Contracting Party to the RFMO and, as appropriate, establish a possible outline of an intended quota transfer or exchange.

2.Upon notification to the Commission by the Member State concerned, the Commission may endorse the outline of the intended quota transfer or exchange that the Member State has discussed with the relevant Contracting Party to the RFMO. Thereupon, the Commission shall express, without undue delay, the consent to be bound by such quota transfer or exchange with the relevant Contracting Party to the RFMO. The Commission shall notify the secretariat of the RFMO of the agreed quota transfer or exchange in accordance with the rules of that organisation. 3.The Commission shall inform the Member States of the agreed quota transfer or exchange. 4.The fishing opportunities received from or transferred to the relevant Contracting Party to the RFMO under the quota transfer or exchange shall be deemed to be quotas allocated to, or deducted from, the allocation of the Member State concerned, as of the moment that the quota transfer or exchange takes effect in accordance with the terms of the agreement reached with the relevant Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such allocation shall not change the existing distribution key for the purpose of allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities. 5.This Article shall apply until 31 January 2022 for quota transfers from a RFMO Contracting Party to the Union and their subsequent allocation to Member States. [Sections 2-10 below will updated after the relevant annual meetings of the RFMOs] Section 2

ICCAT Convention Area Article 17

Fishing, farming and fattening capacity limitations 1.The number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the eastern Atlantic shall be limited as set out in point 1 of Annex VI. 2.The number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex VI. 3.The number of Union fishing vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex VI. 4.The number of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex VI. 5.The number of traps engaged in bluefin tuna fishery in the eastern Atlantic and Mediterranean shall be limited as set out in point 5 of Annex VI. 6.The bluefin tuna total farming and fattening capacity, and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex VI. 7.The maximum number of Union fishing vessels authorised to fish for northern albacore as a target species in accordance with Article 12 of Council Regulation (EC) No 520/2007 shall be limited as set out in point 7 of Annex VI to this Regulation. 8.The maximum number of Union fishing vessels of at least 20 metres length that fish for bigeye tuna in the ICCAT Convention Area shall be limited as set out in point 8 of Annex VI. Article 18

Recreational fisheries Where appropriate, Member States shall allocate a specific share for recreational fisheries from their allocated quotas as set out in Annex ID. Article 19

Sharks 1.Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) caught in any fishery shall be prohibited. 2.It shall be prohibited to undertake a directed fishery for species of thresher sharks of the Alopias genus.

3.Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the Sphyrnidae family (except for the Sphyrna tiburo) caught in fisheries in the ICCAT Convention Area shall be prohibited. 4.Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) taken in any fishery shall be prohibited. 5.Retaining on board silky sharks (Carcharhinus falciformis) caught in any fishery shall be prohibited. Section 3

CCAMLR Convention Area Article 20

Exploratory fisheries notifications for toothfish Member States may participate in longline exploratory fisheries for toothfish (Dissostichus spp.) in FAO subareas 88.1 and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 2020. If a Member State intends to participate in such exploratory fisheries, it shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 no later than 1 June 2020. Article 21

Limits on exploratory fisheries for toothfish 1.Fishing for toothfish during the 2019-2020 fishing season shall be limited to the Member States, subareas and number of vessels set out in table A of Annex VII for the species, TACs and by‑catch limits set out in table B of that Annex. 2.Direct fishing of shark species for purposes other than scientific research shall be prohibited. Any by‑catch of shark, especially juveniles and gravid females, taken accidentally in the toothfish fishery shall be released alive. 3.Where applicable, fishing in any small-scale research unit (SSRU) shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the season. 4.Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over‑concentration of catch and fishing effort. However, fishing in FAO subareas 88.1 and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a, where permitted in accordance with Article 20, shall be prohibited in depths less than 550 metres. Article 22

Krill fishery during the 2020-2021 fishing season 1.If a Member State intends to fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2020-2021 fishing season, it shall notify the Commission, no later than 1 May 2020, of its intention to fish for krill, using the format laid down in Part B of the Appendix to Annex VII to this Regulation. On the basis of the information provided by Member States, the Commission shall submit the notifications to the CCAMLR Secretariat no later than 30 May 2020. 2.The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery. 3.A Member State intending to fish for krill in the CCAMLR Convention Area shall notify its intention to do so only in respect of authorised vessels either flying its flag at the time of the notification or flying the flag of another CCAMLR member that are expected, at the time the fishery takes place, to be flying the flag of that Member State. 4.Member States shall be entitled to authorise participation in a krill fishery by vessels other than those notified to CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 of this Article, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member States concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing: (a)full details of the intended replacement vessel(s), including information provided for in Article 3 of Regulation (EC) No 601/2004; (b)a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references. 5.Member States shall not authorise a vessel placed on any CCAMLR illegal, unreported and unregulated (IUU) fishing vessel list to participate in krill fisheries. Section 4

IOTC Area of Competence

Article 23

Limitation of fishing capacity of vessels fishing

in the IOTC Area of Competence 1.The maximum number of Union fishing vessels fishing for tropical tunas in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VIII. 2.The maximum number of Union fishing vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VIII. 3.Member States may reallocate vessels assigned to one of the two fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that such change does not lead to an increase of fishing effort on the fish stocks involved. 4.Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC record of authorised vessels or on the record of vessels of other tuna RFMOs. Furthermore, no vessels placed on the list of vessels engaged in IUU fishing activities of any RFMO may be transferred. 5.Member States may only increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 within the limits set out in the development plans submitted to the IOTC. Article 24

Drifting FADs and supply vessels 1.Drifting FADs shall be equipped with instrumented buoys. The use of any other buoys, such as radio buoys is prohibited. 2.A purse seine vessel shall not follow more than 300 operational buoys at any one time. 3.The maximum number of instrumented buoys that may be acquired annually for each purse seine vessel is 500. No purse seine vessel shall have more than 500 instrumented buoys (buoy in stock and operational buoy) at any time. 4.The maximum number of supply vessels shall be two supply vessels in support of not less than five purse seiners, all flying the flag of a Member State. This provision shall not apply to Member States using only one supply vessel. 5.A single purse seine vessel shall not be supported by more than one single supply vessel flying the flag of a Member State at any time. 6.The Union shall not register new or additional supply vessels in the IOTC record of authorised vessels. Article 25

Sharks 1.Retaining on board, transhipping or landing any part or whole carcass of thresher sharks of all the species of the Alopiidae family in any fishery shall be prohibited. 2.Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) in any fishery shall be prohibited, except for vessels under 24 metres overall length engaged solely in fishing operations within the Exclusive Economic Zone (EEZ) of the Member State whose flag they fly, and provided that their catch is destined solely for local consumption. 3.When accidentally caught, species referred to in paragraphs 1 and 2 shall not be harmed. Specimens shall be promptly released. Article 26

Mobulid rays 1.It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship, to land, to store, to offer for sale or to sell any part or whole carcass of Mobulid rays (Mobulidae family which includes the genera Manta and Mobula), except for fishing vessels carrying out subsistence fishery (where the fish caught are consumed directly by the families of the fishermen). By way of derogation from the first subparagraph, Mobulid rays that are unintentionally caught by artisanal fishing (fisheries other than longline or surface fisheries, i.e. purse seines, pole and line, gillnet fisheries, handline and trolling vessels, and registered in the IOTC record of authorised vessels) may be landed for purposes of local consumption only.

2.All fishing vessels, other than those carrying out subsistence fishery, shall promptly release alive and unharmed, to the extent practicable, Mobulid rays as soon as they are seen in the net, on the hook, or on the deck, and shall do so in a manner that will result in the least possible harm to the individuals captured. Section 5

SPRFMO Convention Area Article 27

Pelagic fisheries 1.Only those Member States which have actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IH. 2.The Member States referred to in paragraph 1 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2020 to the total Union level of 78 600 gross tonnage in that area. 3.The fishing opportunities set out in Annex IH may only be used under the condition that Member States send to the Commission the list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention Area, records from vessel monitoring systems, monthly catch reports and, where available, port calls, at the latest by the fifth day of the following month, with the aim of communicating that information to the SPRFMO Secretariat. Article 28

Bottom fisheries 1.Member States shall limit their bottom fishing catch or effort in 2020 in the SPRFMO Convention Area to those parts of the Convention Area where bottom fishing has occurred from 1 January 2002 to 31 December 2006 and to a level that does not exceed the annual average levels of catches or effort parameters in that period. They may fish beyond the track record only if SPRFMO endorses their plan to fish beyond the track record. 2.Member States without a track record in bottom fishing catch or effort in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 shall not fish, unless SPRFMO endorses their plan to fish without a track record. Article 29

Exploratory fisheries 1.Member States may participate in longline exploratory fisheries for toothfish (Dissostichus spp.) in the SPRFMO Convention Area in 2020 only if the SPRFMO has approved their application for such fisheries that includes a fisheries operation plan and commitment to implement a data collection plan. 2.Fishing shall take place only in the research blocks specified by SPRFMO. Fishing shall be prohibited in depths less than 750 metres and more than 2 000 metres. 3.The TAC shall be as set out in Annex IH. Fishing shall be limited to one trip of a maximum duration of 21 consecutive days and to a maximum number of 5 000 hooks per set, with a maximum of 20 sets per research block. Fishing shall cease either when the TAC is reached or if 100 sets have been set and hauled, whichever is earlier. Section 6

IATTC Convention Area Article 30

Purse‑seine fisheries 1.Fishing by purse seiner vessels for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited: (a)from 00.00 hours on 29 July 2020 to 24.00 hours on 8 October 2020 or from 00.00 hours on 9 November 2020 to 24.00 hours on 19 January 2021 in the area defined by the following limits: –the Pacific coastlines of the Americas, –longitude 150º W, –latitude 40º N,

–latitude 40º S; (b)from 00.00 hours on 9 October 2020 to 24.00 hours on 8 November 2020 in the area defined by the following limits: –longitude 96º W, –longitude 110º W, –latitude 4º N, –latitude 3º S. 2.For each of their vessels, Member States concerned shall notify to the Commission before 1 April 2020 the selected period of closure referred to in point (a) of paragraph 1. All purse seine vessels of the Member States concerned shall stop purse‑seine fishing in the areas defined in paragraph 1 during the selected period. 3.Purse seine vesselss fishing for tuna in the IATTC Convention Area shall retain on board and then land or tranship all yellowfin, bigeye and skipjack tuna caught. 4.Paragraph 3 shall not apply in the following cases: (a)where the fish is considered unfit for human consumption for reasons other than size, or (b)during the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set. Article 31

Drifting FADs 1.A purse seine vessel shall not have more than 450 FADs active at any time in the IATTC Convention Area. A FAD shall be considered active when it is deployed at sea, starts transmitting its location and is being tracked by the vessel, its owner or operator. A FAD shall only be activated on board a purse seine vessel. 2.A purse seine vesselr may not deploy FADs during the 15 days before the start of the selected closure period referred to in point (a) of Article 29(1), and it shall recover the same number of FADs as initially deployed within 15 days prior to the start of the closure period. 3.Member States shall report to the Commission, on a monthly basis, daily information on all active FADs as required by the IATTC. The reports shall be submitted with a delay of at least 60 days, but not longer than 75 days. The Commission shall transmit that information to the IATTC Secretariat without delay. Article 32

Catch limits for bigeye tuna in longline fisheries The total annual catches of bigeye tuna by longline vessels of each Member State in the IATTC Convention Area are established in Annex IL. Article 33

Prohibition of fishing for oceanic whitetip sharks 1.It shall be prohibited to fish for oceanic whitetip sharks (Carcharhinus longimanus) in the IATTC Convention Area, and to retain on board, to tranship, to land, to store, to offer for sale or to sell any part or whole carcass of oceanic whitetip sharks caught in that area. 2.When accidentally caught, the species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released by vessel operators.

3.Vessel operators shall: (a)record the number of releases with indication of status (dead or alive); (b)report the information specified in point (a) to the Member State of which they are nationals. Member States shall transmit the information collected during the previous year to the Commission by 31 January. Article 34

Prohibition of fishing for Mobulid rays It shall be prohibited for Union fishing vessels in the IATTC Convention Area to fish for, to retain on board, to tranship, to land, to store, to offer for sale or to sell any part or whole carcass of Mobulid rays (Mobulidae family which includes the genera Manta and Mobula). As soon as Union fishing vessels notice that Mobulid rays have been caught, they shall, wherever possible, promptly release them alive and unharmed. Section 7

SEAFO Convention Area Article 35

Prohibition of fishing for deep‑water sharks Directed fishing for the following deep‑water sharks in the SEAFO Convention Area shall be prohibited: (a)ghost catshark (Apristurus manis); (b)blurred smooth lanternshark (Etmopterus bigelowi); (c)shorttail lanternshark (Etmopterus brachyurus); (d)great lanternshark (Etmopterus princeps); (e)smooth lanternshark (Etmopterus pusillus); (f)skates (Rajidae); (g)velvet dogfish (Scymnodon squamulosus); (h)deep‑sea sharks of the Selachimorpha super‑order; (i)picked dogfish (Squalus acanthias). Section 8

WCPFC Convention Area Article 36

Conditions for bigeye tuna, yellowfin tuna, skipjack tuna

and south Pacific albacore fisheries 1.Member States shall ensure that the number of fishing days allocated to purse seine vessels fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis) in the part of the WCPFC Convention Area located in the high seas between 20° N and 20° S does not exceed 403 days.

2.Union fishing vessels shall not target south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area south of 20° S. 3.Member States shall ensure that catches of bigeye tuna (Thunnus obesus) by longliners do not exceed 2 000 tonnes in 2020. Article 37

Management of fishing with FADs 1.In the part of the WCPFC Convention Area located between 20º N and 20º S, it shall be prohibited for purse seine vessels to deploy, service or set on FADs between 00.00 hours on 1 July 2020 and 24.00 hours on 30 September 2020. 2.In addition to the prohibition set out in paragraph 1, it shall be prohibited to set on FADs on the high seas of the WCPFC Convention Area, between 20º N and 20º S, for an additional two months: either from 00.00 hours on 1 April 2020 to 24.00 hours on 31 May 2020, or from 00.00 hours on 1 November 2020 to 24.00 hours on 31 December 2020. 3.Paragraph 2 shall not apply in the following cases: (a)in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish; (b)where the fish is unfit for human consumption for reasons other than size, or (c)when a serious malfunction of freezer equipment occurs. 4.Member States shall ensure that each of its purse seiners have deployed at sea, at any time, no more than 350 FADs with activated instrumented buoys. The buoy shall be activated exclusively on board a vessel. 5.All purse seiners fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain on board, tranship and land all bigeye, yellowfin and skipjack tuna caught. Article 38

Limitations to the number of Union fishing vessels

authorised to fish for swordfish The maximum number of Union fishing vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention Area shall be as set out in Annex IX. Article 39

Catch limits for swordfish in longline fisheries south of 20° S Member States shall ensure that catches of swordfish (Xiphias gladius) south of 20° S by longliners do not exceed in 2020 the limit set out in Annex IG. Member States shall also ensure that there is no shift of the fishing effort for swordfish to the area north of the 20° S, as a result of that measure. Article 40

Silky sharks and oceanic whitetip sharks 1.Retaining on board, transhipping, landing or storing any part or whole carcass of the following species in the WCPFC Convention Area shall be prohibited: (a)silky sharks (Carcharhinus falciformis); (b)oceanic whitetip sharks (Carcharhinus longimanus). 2.When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.

Article 41

Overlap area between IATTC and WCPFC 1.Vessels listed exclusively in the WCPFC register shall apply the measures set out in this Section when fishing in the overlap area between IATTC and WCPFC as defined in point (v) of Article 4. 2.Vessels listed in both the WCPFC register and the IATTC register and vessels listed exclusively in the IATTC register shall apply the measures set out in Article 30(1)(a), (2), (3) and (4) and Articles 31, 32 and 33 when fishing in the overlap area between IATTC and WCPFC as defined in point (v) of Article 4. Section 9

Bering Sea Article 42

Prohibition on fishing in the high seas of the Bering Sea Fishing for pollock (Gadus chalcogrammus) in the high seas of the Bering Sea shall be prohibited. Section 10

SIOFA AGREEMENT AREA Article 43

Limits to bottom fishing Member States shall ensure that vessels flying their flag that are fishing in the SIOFA Agreement Area: (a)limit their annual bottom fishing effort and catch to their average annual level for those years where their vessels were active in the SIOFA Agreement Area, over a representative period for which data declared to the Commission exists; (a)do not expand the spatial distribution of bottom fishing effort, excluding line and trap methods, beyond areas fished in recent years; (b)are not authorised to fish in the interim protected areas of Atlantis Bank, Coral, Fools Flat, Middle of What, Walter’s Shoal, as defined in Annex IK, except with line and traps methods and on condition of having a scientific observer on board at all times while fishing in those areas.] TITLE III

FISHING OPPORTUNITIES

FOR THIRD‑COUNTRY VESSELS

IN UNION WATERS Article 44

Fishing vessels flying the flag of Norway

and fishing vessels registered in the Faroe Islands Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to fish in Union waters within the TACs set out in Annex I to this Regulation and shall be subject to the conditions provided for in this Regulation and in Title III of Regulation (EU) 2017/2403. Article 45

Fishing vessels flying the flag of Venezuela Fishing vessels flying the flag of Venezuela shall be subject to the conditions provided for in this Regulation and in Title III of Regulation (EU) 2017/2403. Article 46

Fishing authorisations The maximum number of fishing authorisations for third‑country vessels fishing in Union waters shall be as set out in Part B of Annex V. Article 47

Conditions for landing catches and by‑catches

The conditions specified in Article 7 shall apply to catches and by‑catches of third‑country vessels fishing under the authorisations referred to in Article 46. Article 48

Prohibited species 1.It shall be prohibited for third‑country vessels to fish for, to retain on board, to tranship or to land the following species whenever they are found in Union waters: (a)starry ray (Raja radiata) in Union waters of ICES divisions 2a, 3a and 7d and ICES subarea 4; (b)common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division 2a and ICES subareas 3, 4, 6, 7, 8, 9 and 10; (c)tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division 2a and ICES subareas 1, 4, 5, 6, 7, 8, 12 and 14; (d)kitefin shark (Dalatias licha), birdbeak dogfish (Deania calcea), leafscale gulper shark (Centrophorus squamosus), great lanternshark (Etmopterus princeps) and Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES division 2a and ICES subareas 1, 4 and 14; (e)porbeagle (Lamna nasus) in Union waters; (f)thornback ray (Raja clavata) in Union waters of ICES division 3a; (g)undulate ray (Raja undulata) in Union waters of ICES subareas 6, 9 and 10; (h)common guitarfish (Rhinobatos rhinobatos) in the Mediterranean; (i)whale shark (Rhincodon typus) in all waters; (j)picked dogfish (Squalus acanthias) in Union waters of ICES subareas 2, 3, 4, 5, 6, 7, 8, 9 and 10. 2.When accidentally caught, the species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released. TITLE IV

FINAL PROVISIONS Article 49

Committee procedure The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Regulation (EU) No 1380/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Article 50

Transitional provision Articles 9, 12, 13, 19, 25, 26, 33, 34, 35, 40, 42 and 48 shall continue to apply, mutatis mutandis, in 2022 until the entry into force of the Regulation fixing the fishing opportunities for 2022. Article 51

Entry into force