Council Regulation (EU) 2020/455 of 26 March 2020 amending Regulation (EU) 2019/1838 as regards certain fishing opportunities for 2020 in the Baltic Sea and other waters, and Regulation (EU) 2020/123 as regards certain fishing opportunities for 2020 in Union and non‐Union waters
Date: 2020-03-26
Institutions: Council of the European Union
Subjects: Atlantic Ocean, Indian Ocean, catch by species, catch quota, conservation of fish stocks, deep-sea fishing, fishing area, fishing rights, protected area, sea fish




L_2020097EN.01000101.xml










30.3.2020   


EN


Official Journal of the European Union


L 97/1








            COUNCIL REGULATION (EU) 2020/455
of 26 March 2020
         
amending Regulation (EU) 2019/1838 as regards certain fishing opportunities for 2020 in the Baltic Sea and other waters, and Regulation (EU) 2020/123 as regards certain fishing opportunities for 2020 in Union and 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)


Council Regulation (EU) 2019/1838 (1) fixes for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea. It establishes spawning closure periods for the two Baltic cod stocks. Ensuring uninterrupted time series of comparable data on fish stocks is an essential element for the scientific assessment of those stocks. It is therefore appropriate to allow, during the respective closure periods, fishing operations conducted exclusively for the purpose of scientific investigation and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Council (2). Regulation (EU) 2019/1838 should therefore be amended accordingly.












(2)


Council Regulation (EU) 2020/123 (3) fixes for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain non‐Union waters. It should be clarified that the restrictions set out in Article 10(6) of that Regulation apply to recreational fisheries including from shore.












(3)


At their annual meeting in July 2019, the Parties to the Southern Indian Ocean Fisheries Agreement (SIOFA) decided on bottom fishing measures and on fishing effort limitation in the SIOFA area. Those measures were implemented in Union law by Regulation (EU) 2020/123. At that meeting, the Parties to the SIOFA also agreed on five interim protected areas in which specific rules apply for fishing vessels in order to protect benthic ecosystems. Therefore, further changes should be made to that Regulation to ensure that implementing rules properly reflect the decisions taken by the Parties to the SIOFA.












(4)


The catch limits for sandeels in the International Council for the Exploration of the Sea (ICES) divisions 2a and 3a and ICES subarea 4 should be amended in line with the latest scientific advice from ICES, issued on 27 February 2019 and 27 February 2020.












(5)


At its annual meeting in November 2019, the International Commission for the Conservation of Atlantic Tunas (ICCAT) decided on new reporting obligations for tropical tunas. Member States are required to transmit data on monthly catches for large longline vessels (overall length of 20 metres and above) and for purse seiners fishing for bigeye tuna (Thunnus obesus) and yellowfin tuna (Thunnus albacares) in the Atlantic Ocean. When catches of bigeye tuna reach 80 % of the quota, Member States are required to transmit data on the catches for those vessels on a weekly basis.












(6)


Those measures should be implemented in Union law by amending accordingly the total allowable catch (TAC) tables for bigeye tuna and yellowfin tuna in the Atlantic Ocean set out in Regulation (EU) 2020/123.












(7)


Fishing effort limits for Union fishing vessels in the ICCAT Convention Area are based on information provided in the fishing capacity and farming plans for bluefin tuna (Thunnus thynnus) communicated by Member States to the Commission. Those fishing effort limits are reported through the Union plan endorsed by ICCAT during the Intersessional meeting of Panel 2 held on 5 and 6 March 2020. They should be established as part of fishing opportunities.












(8)


Regulation (EU) 2020/123 should therefore be amended accordingly.












(9)


The catch limits provided for in Regulations (EU) 2019/1838 and (EU) 2020/123 apply from 1 January 2020. The provisions on catch limits introduced by this amending Regulation should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted.












(10)


The United Kingdom has been consulted in accordance with Article 130(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community,





HAS ADOPTED THIS REGULATION:



Article 1

Amendment of Regulation (EU) 2019/1838

The Annex to Regulation (EU) 2019/1838 is amended in accordance with Annex I to this Regulation.


Article 2

Amendment of Regulation (EU) 2020/123

Regulation (EU) 2020/123 is amended as follows:






(a)


in Article 10, paragraph 6 is replaced by the following:

‘6.   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. The minimum size of European seabass retained shall be 42 cm. This paragraph shall not apply to fixed nets, which may not be used to catch or retain European seabass.’;











(b)


the following Article is inserted:

‘Article 28a

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.’;












(c)


Article 30 is deleted;










(d)


Annexes IA, ID, IK and VI are amended in accordance with Annex II to this Regulation.






Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2020.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 March 2020.


For the Council


The President

A. METELKO-ZGOMBIĆ
            





(1)  Council Regulation (EU) 2019/1838 of 30 October 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2019/124 as regards certain fishing opportunities in other waters (OJ L 281, 31.10.2019, p. 1).

(2)  Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).

(3)  Council Regulation (EU) 2020/123 of 27 January 2020 fixing for 2020 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 (OJ L 25, 30.1.2020, p. 1).




ANNEX I
The Annex to Regulation (EU) 2019/1838 is amended as follows:






(1)


Footnote 2 of the fishing opportunities table for cod in ICES subdivisions 25‐32 is replaced by the following:






‘(2)


In subdivisions 25 and 26 it shall be prohibited to fish this quota from 1 May to 31 August.
By way of derogation from the first paragraph, fishing operations conducted exclusively for the purpose of scientific investigation may be undertaken provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.
By way of derogation from the first paragraph, that closure period shall not apply to Union fishing vessels of less than 12 metres in length overall that fish with gillnets, entangling nets or trammel nets, with bottom set lines, longlines (except drifting lines), handlines and jigging equipment or other passive gear in areas where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities. Masters of those fishing vessels shall ensure that their fishing activity can be monitored at any time by the control authorities of the Member State.’;














(2)


Footnote 2 of the fishing opportunities table for cod in ICES subdivisions 22‐24 is replaced by the following:






‘(2)


It shall be prohibited to fish this quota in subdivisions 22 and 23 from 1 February to 31 March and in subdivision 24 from 1 June to 31 July.
By way of derogation from the first paragraph, fishing operations conducted exclusively for the purpose of scientific investigation may be undertaken provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.
By way of derogation from the first paragraph, that closure period shall not apply to Union fishing vessels of less than 12 metres in length overall that fish with gillnets, entangling nets or trammel nets, with bottom set lines, longlines (except drifting lines), handlines and jigging equipment or other passive gear in areas where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities. Masters of those fishing vessels shall ensure that their fishing activity can be monitored at any time by the control authorities of the Member State.’.













ANNEX II
Annexes IA, ID, IK and VI to Regulation (EU) 2020/123 are amended as follows:






(1)


in Annex IA, the table for sandeels and associated by‐catches in Union waters of ICES divisions 2a and 3a and ICES subarea 4 is replaced by the following:









‘Species:


Sandeels and associated by‐catches

Ammodytes spp.


Zone:


Union waters of 2a, 3a and 4 (1)





Denmark


215 863 



 (2)



Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply




United Kingdom


4 719 



 (2)





Germany


329



 (2)





Sweden


7 926 



 (2)





Union


228 837 


 




 


 


 




TAC


228 837 


 




Special condition: within the limits of the abovementioned quotas, no more than the quantities indicated below may be taken in the following sandeels management areas, as defined in Annex III:
Zone: Union waters of sandeels management areas












 


1r


2r


3r


4


5r


6


7r




(SAN/234_1R)


(SAN/234_2R)


(SAN/234_3R)


(SAN/234_4)


(SAN/234_5R)


(SAN/234_6)


(SAN/234_7R)




Denmark


107 525 


59 106 


11 702 


37 365 


0


165


0




United Kingdom


2 350 


1 292 


256


817


0


4


0




Germany


164


90


18


57


0


0


0




Sweden


3 948 


2 170 


430


1 372 


0


6


0




Union


113 987 


62 658 


12 406 


39 611 


0


175


0




Total


113 987 


62 658 


12 406 


39 611 


0


175


0’














(2)


Annex ID is amended as follows:






(a)


the table concerning bigeye tuna in the Atlantic Ocean is replaced by the following:









‘Species:


Bigeye tuna

Thunnus obesus



Zone:


Atlantic Ocean
(BET/ATLANT)




Spain


8 055,73 



 (3)
 (4)



Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply




France


4 428,60 



 (3)
 (4)





Portugal


3 058,33 



 (3)
 (4)





Union


15 542,66 



 (3)
 (4)





 


 


 




TAC


62 500 



 (3)
 (4)















(b)


the table concerning yellowfin tuna in the Atlantic Ocean is replaced by the following:









‘Species:


Yellowfin tuna

Thunnus albacares



Zone:


Atlantic Ocean
(YFT/ATLANT)




TAC


110 000 



 (5)



Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply


















(3)


in Annex IK, the following part is added:

                        ‘Interim Protected Areas
Atlantis Bank







Point


Latitude (S)


Longitude (E)




1


32° 00'


57° 00'




2


32° 50'


57° 00'




3


32° 50'


58° 00'




4


32° 00'


58° 00'




Coral







Point


Latitude (S)


Longitude (E)




1


41° 00'


42° 00'




2


41° 40'


42° 00'




3


41° 40'


44° 00'




4


41° 00'


44° 00'




Fools Flat







Point


Latitude (S)


Longitude (E)




1


31° 30'


94° 40'




2


31° 40'


94° 40'




3


31° 40'


95° 00'




4


31° 30'


95° 00'




Middle of What







Point


Latitude (S)


Longitude (E)




1


37° 54'


50° 23'




2


37° 56.5'


50° 23'




3


37° 56.5'


50° 27'




4


37° 54'


50° 27'




Walter’s Shoal







Point


Latitude (S)


Longitude (E)




1


33° 00'


43° 10'




2


33° 20'


43° 10'




3


33° 20'


44° 10'




4


33° 00'


44° 10'’














(4)


Annex VI is replaced by the following:


‘ANNEX VI
ICCAT CONVENTION AREA (1)






1.


Maximum 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






Spain


60




France


55




Union


115










(1)


The numbers in Sections 1, 2 and 3 may be decreased in order to comply with international obligations of the Union.


















2.


Maximum 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






Spain


364




France


140 (7)





Italy


30




Cyprus


20 (6)





Malta


54 (6)





Portugal


76 (7)





Union


684














3.


Maximum number of Union fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposes






Croatia


18




Italy


12




Union


28














4.


Maximum number of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport or land bluefin tuna in the eastern Atlantic and Mediterranean

Table A














 


Number of fishing vessels (8)





 


Cyprus (9)



Greece (10)



Croatia


Italy


France


Spain


Malta (11)



Portugal




Purse Seiners


1


0


18


21


22


6


2


0




Longliners


27 (12)



0


0


40


23


48


62


0




Baitboat


0


0


0


0


8


68


0


76 (13)





Handline


0


0


12


0


47 (14)



1


0


0




Trawler


0


0


0


0


57


0


0


0




Small scale


0


32


0


0


140


620


52


0




Other artisanal (15)



0


61


0


0


0


0


0


0














5.


Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fisheries authorised by each Member State






Member State


Number of traps (16)





Spain


5




Italy


6




Portugal


2














6.


Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean

Table A








Maximum bluefin tuna farming capacity and fattening capacity




 


Number of farms


Capacity (in tonnes)




Spain


10


11 852 




Italy


13


12 600 




Greece


2


2 100 




Cyprus


3


3 000 




Croatia


7


7 880 




Malta


6


12 300 





Table B (17)








Maximum input of wild caught bluefin tuna (in tonnes)




Spain


6 300 




Italy


3 764 




Greece


785




Cyprus


2 195 




Croatia


2 947 




Malta


8 786 




Portugal


350














7.


The distribution, amongst the Member States and the United Kingdom, of the maximum number of fishing vessels flying the flag either of a Member State or of the United Kingdom authorised to fish for northern albacore as a target species in accordance with Article 12 of Regulation (EC) No 520/2007 shall be as follows:






Member States and the United Kingdom


Maximum number of vessels




Ireland


50




Spain


730




France


151




United Kingdom


12




Portugal


310














8.


Maximum number of Union fishing vessels of at least 20 metres in length that fish for bigeye tuna in the ICCAT Convention Area shall be as follows:







Member State


Maximum number of vessels with purse seines


Maximum number of vessels with longlines




Spain


23


190




France


11


 




Portugal


 


79




Union


34


269










                        ’
                     





(1)  Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula.

(2)  Up to 2 % of the quota may consist of by‐catches of whiting and mackerel (OT1/*2A3A4). By‐catches of whiting and mackerel counted against the quota pursuant to this provision and by‐catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota.

(3)  Catches of bigeye tuna by purse seiners (BET/*ATLPS) and long liners with an overall length of 20 metres and above (BET/*ATLLL) shall be reported separately.

(4)  As of June 2020, when catches reach 80 % of the quota, Member States are required to transmit the catches for these vessels on a weekly basis.’
         

(5)  Catches of yellowfin tuna by purse seiners (YFT/*ATLPS) and long liners with an overall length of 20 metres and above (YFT/*ATLLL) shall be reported separately.’
         

(6)  This number may be increased if a purse seiner is replaced by 10 longline vessels in accordance with footnote 2 or 4 of Table A in Section 4.

(7)  Communicated in the national capacity plan as part of the sectorial quota.

(8)  The numbers in this table may be further increased, provided that the international obligations of the Union are complied with.

(9)  One medium size purse seiner may be replaced by no more than 10 longline vessels or one small purse seiner and no more than three longline vessels.

(10)  One medium size purse seiner may be replaced by no more than 10 longline vessels or one small size purse seiner and three other artisanal vessels.

(11)  One medium size purse seiner may be replaced by no more than 10 longline vessels.

(12)  Polyvalent vessels, using multi-gear equipment.

(13)  Baitboats of the outermost regions of Azores and Madeira.

(14)  Line vessels operating in the Atlantic Ocean.

(15)  Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line).

(16)  This number may be further increased, provided that the international obligations of the Union are complied with.

(17)  The farming capacity of 500 tonnes for Portugal is covered by the unused capacity of the Union set out in Table A.