Regulation (EU) 2022/2495 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No 1380/2013 as regards restrictions to the access to Union waters
Date: 2022-12-14
Institutions: Council of the European Union, European Parliament
Subjects: catch by species, catch quota, common fisheries policy, fishing area, fishing controls, fishing rights, fishing vessel, sea fish, sea fishing, territorial waters




L_2022325EN.01000101.xml










20.12.2022   


EN


Official Journal of the European Union


L 325/1








            REGULATION (EU) 2022/2495 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         
of 14 December 2022
         
amending Regulation (EU) No 1380/2013 as regards restrictions to the access to Union waters


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,


Having regard to the proposal from the European Commission,


After transmission of the draft legislative act to the national parliaments,


Having regard to the opinion of the European Economic and Social Committee (1),


Acting in accordance with the ordinary legislative procedure (2),

Whereas:







(1)


Union fishing vessels have equal access to Union waters and resources subject to the rules of the Common Fisheries Policy (CFP).












(2)


Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3) provides for derogations from the equal access rule.












(3)


In accordance with that Regulation, Member States are authorised to restrict fishing to fishing vessels that traditionally fish in those waters from ports on the adjacent coast in waters up to 12 nautical miles from their baselines.












(4)


Member States are also authorised to restrict access to waters up to 100 nautical miles from the baselines of the Union outermost regions referred to in Article 349, first paragraph, of the Treaty on the Functioning of the European Union (TFEU) to vessels registered in the ports of those regions.












(5)


Existing rules restricting access to resources within the 12 nautical mile zones of Member States have benefitted conservation by restricting fishing effort in the most sensitive part of Union waters. Those rules have also preserved traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent.












(6)


Existing rules restricting access to marine biological resources around the Union outermost regions referred to in Article 349, first paragraph, TFEU have contributed to the preservation of the local economy of those regions, having regard to their structural, social and economic situation.












(7)


The existing derogations concerning restrictions to access to Union waters will expire on 31 December 2022. Those derogations should, however, be extended for a period of 10 years beyond that date, in order to ensure continuity of the current protection measures and to avoid disrupting the balance that has been achieved since the introduction of this special regime. Those derogations are an integral part of the CFP and the duration and scope of that extension may be revised in the framework of any review of the CFP.












(8)


In accordance with Article 510 of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (4), a review of the implementation of Heading Five of that Agreement, including of the provisions in relation to access to waters, is to be carried out four years after the end of the adjustment period, which ends on 30 June 2026.












(9)


The Commission should report to the European Parliament and to the Council on the application of the general rules on access to waters referred to in Article 5 of Regulation (EU) No 1380/2013 before the expiry of the derogations. That report should be submitted by 30 June 2031.












(10)


Annex I to Regulation (EU) No 1380/2013 should be amended following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union. That Annex should also be amended following a joint request by Italy and Greece regarding the access of Italian fishing vessels to the 6-12 n.m. area of Greek territorial waters in the Ionian Sea and a proposal by Greece for access of Italian fishing vessels to the 6-12 n.m. area of the Greek exclusive economic zone (EEZ), in line with the Annex to this Regulation.












(11)


Regulation (EU) No 1380/2013 should therefore be amended accordingly,





HAVE ADOPTED THIS REGULATION:



Article 1
Regulation (EU) No 1380/2013 is amended as follows:






(1)


Article 5 is amended as follows:






(a)


in paragraphs (2), (3) and (4), the date ‘31 December 2022’ is replaced by the date ‘31 December 2032’;










(b)


the following paragraph is added:

‘5.   The Commission shall report to the European Parliament and to the Council on the application of this Article by 30 June 2031.’
;













(2)


Annex I is replaced by the text set out in the Annex to this Regulation.






Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States from 1 January 2023.
Done at Strasbourg, 14 December 2022.


For the European Parliament


The President

R. METSOLA
            



For the Council


The President

M. BEK
            





(1)  
            OJ C 517, 22.12.2021, p. 123.

(2)  Position of the European Parliament of 22 November 2022 (not yet published in the Official Journal) and decision of the Council of 8 December 2022.

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

(4)  
            OJ L 149, 30.4.2021, p. 10.




ANNEX




                        ‘ANNEX I
ACCESS TO COASTAL WATERS WITHIN THE MEANING OF ARTICLE 5(2)
1.   Coastal waters of Ireland
(a)   ACCESS FOR FRANCE







Geographical area


Species


Importance or particular characteristics




Irish coast (6 to 12 nautical miles)


 


 










1.


Erris Head north-west Sybil Point west






Demersal


Unlimited




Nephrops


Unlimited










2.


Mizen Head south Stags south






Demersal


Unlimited




Nephrops


Unlimited




Mackerel


Unlimited










3.


Stags south Cork south






Demersal


Unlimited




Nephrops


Unlimited




Mackerel


Unlimited




Herring


Unlimited










4.


Cork south, Carnsore Point south






All species


Unlimited










5.


Carnsore Point south, Haulbowline south-east






All species, except shellfish


Unlimited




(b)   ACCESS FOR THE NETHERLANDS







Geographical area


Species


Importance or particular characteristics




Irish coast (6 to 12 miles)


 


 










1.


Stags south Carnsore Point south






Herring


Unlimited




Mackerel


Unlimited




(c)   ACCESS FOR GERMANY







Geographical area


Species


Importance or particular characteristics




Irish coast (6 to 12 nautical miles)


 


 










1.


Old Head of Kinsale south Carnsore Point south






Herring


Unlimited










2.


Cork south Carnsore Point south






Mackerel


Unlimited




(d)   ACCESS FOR BELGIUM







Geographical area


Species


Importance or particular characteristics




Irish coast (6 to 12 nautical miles)


 


 










1.


Cork south Carnsore Point south






Demersal


Unlimited










2.


Wicklow Head east Carlingford Lough south-east






Demersal


Unlimited




2.   Coastal waters of Belgium








Geographical area


Member State


Species


Importance or particular characteristics




3 to 12 nautical miles


Netherlands


All species


Unlimited




 


France


Herring


Unlimited




3.   Coastal waters of Denmark








Geographical area


Member State


Species


Importance or particular characteristics




North Sea coast (Danish/German frontier to Hanstholm) (6 to 12 nautical miles)


 


 


 




 


 




Danish/German frontier to Blåvands Huk


Germany


Flatfish


Unlimited




Shrimps and prawns


Unlimited




Netherlands


Flatfish


Unlimited




Roundfish


Unlimited




Blåvands Huk to Bovbjerg


Belgium


Cod


Unlimited only from 1 June to 31 July




Haddock


Unlimited only from 1 June to 31 July




Germany


Flatfish


Unlimited




Netherlands


Plaice


Unlimited




Sole


Unlimited




Thyborøn to Hanstholm


Belgium


Whiting


Unlimited only from 1 June to 31 July




Plaice


Unlimited only from 1 June to 31 July




 


Germany


Flatfish


Unlimited




Sprat


Unlimited




Cod


Unlimited




Saithe


Unlimited




Haddock


Unlimited




Mackerel


Unlimited




Herring


Unlimited




Whiting


Unlimited




Netherlands


Cod


Unlimited




Plaice


Unlimited




Sole


Unlimited




Skagerrak
(Hanstholm to Skagen) (4 to 12 nautical miles)


Belgium


Plaice


Unlimited only from 1 June to 31 July




Germany


Flatfish


Unlimited




Sprat


Unlimited




Cod


Unlimited




Saithe


Unlimited




Haddock


Unlimited




Mackerel


Unlimited




Herring


Unlimited




Whiting


Unlimited




Netherlands


Cod


Unlimited




Plaice


Unlimited




Sole


Unlimited




Kattegat (3 to 12 miles)


Germany


Cod


Unlimited




Flatfish


Unlimited




Nephrops


Unlimited




Herring


Unlimited




North of Zeeland to the parallel of the latitude passing through Forsnæs lighthouse


Germany


Sprat


Unlimited




Baltic Sea (including Belts, Sound, Bornholm) (3 to 12 nautical miles)


Germany


Flatfish


Unlimited




Cod


Unlimited




Herring


Unlimited




Sprat


Unlimited




Eel


Unlimited




Salmon


Unlimited




Whiting


Unlimited




Mackerel


Unlimited




Skagerrak (4 to 12 miles)


Sweden


All species


Unlimited




Kattegat (3 to 12 miles) (1)



Sweden


All species


Unlimited




Baltic Sea (3 to 12 miles)


Sweden


All species


Unlimited




4.   Coastal waters of Germany








Geographical area


Member State


Species


Importance or particular characteristics




North Sea coast (3 to 12 nautical miles) all coasts


Denmark


Demersal


Unlimited




Sprat


Unlimited




Sandeel


Unlimited




Netherlands


Demersal


Unlimited




Shrimps and prawns


Unlimited




Danish/German frontier to the northern tip of Amrum at 54° 43′ N


Denmark


Shrimps and prawns


Unlimited




Baltic coast (3 to 12 miles)


Denmark


Cod


Unlimited




Plaice


Unlimited




Herring


Unlimited




Sprat


Unlimited




Eel


Unlimited




Whiting


Unlimited




Mackerel


Unlimited




5.   Coastal waters of France and the overseas departments








Geographical area


Member State


Species


Importance or particular characteristics




North east Atlantic coast (6 to 12 nautical miles)


 


 


 




Belgian/French frontier to east of Departement Manche (Vire-Grandcamp les Bains estuary 49° 23′ 30″ N-1° 02′ WNNE)


Belgium


Demersal


Unlimited




Scallops


Unlimited




Netherlands


All species


Unlimited




Dunkerque (2° 20′ E) to Cap d’Antifer (0° 10′ E)


Germany


Herring


Unlimited only from 1 October to 31 December




Atlantic coast (6 to 12 nautical miles)


 


 


 




Spanish/French frontier to 46° 08′ N


Spain


Anchovies


Directed fishing, unlimited only from 1 March to 30 June




Fishing for live bait from 1 July to 31 October only




Sardines


Unlimited only from 1 January to 28 February and from 1 July to 31 December




 


 


 


In addition, activities relating to the abovementioned species must be pursued in accordance with, and within the limits of, the activities pursued during 1984




Mediterranean coast (6 to 12 nautical miles)


 


 


 




Spanish frontier Cap Leucate


Spain


All species


Unlimited




6.   Coastal waters of Spain








Geographical area


Member State


Species


Importance or particular characteristics




Atlantic coast (6 to 12 nautical miles)


 


 


 




French/Spanish frontier to Cap Mayor lighthouse (3° 47′ W)


France


Pelagic


Unlimited in accordance with, and within the limits of, the activities pursued during 1984




Mediterranean coast (6 to 12 nautical miles)


 


 


 




French frontier/Cap Creus


France


All species


Unlimited




7.   Coastal waters of Croatia (2)









Geographical area


Member State


Species


Importance or particular characteristics




12 miles limited to the sea area under the sovereignty of Croatia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana)


Slovenia


Demersal and small pelagic species including sardine and anchovy


100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets




8.   Coastal waters of the Netherlands








Geographical area


Member State


Species


Importance or particular characteristics




(3 to 12 nautical miles) whole coast


Belgium


All species


Unlimited




Denmark


Demersal


Unlimited




Sprat


Unlimited




Sandeel


Unlimited




Horse-mackerel


Unlimited




Germany


Cod


Unlimited




Shrimps and prawns


Unlimited




(6 to 12 nautical miles) whole coast


France


All species


Unlimited




9.   Coastal waters of Slovenia (3)









Geographical area


Member State


Species


Importance or particular characteristics




12 miles limited to the sea area under the sovereignty of Slovenia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana)


Croatia


Demersal and small pelagic species including sardine and anchovy


100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets




10.   Coastal waters of Finland








Geographical area


Member State


Species


Importance or particular characteristics




Baltic Sea (4 to 12 miles) (4)



Sweden


All species


Unlimited




11.   Coastal waters of Sweden








Geographical area


Member State


Species


Importance or particular characteristics




Skagerrak (4 to 12 nautical miles)


Denmark


All species


Unlimited




Kattegat (3 to 12 miles) (5)



Denmark


All species


Unlimited




Baltic Sea (4 to 12 miles)


Denmark


All species


Unlimited




Finland


All species


Unlimited




12.   Coastal waters of Greece








Geographical area


Member State


Species


Importance or particular characteristics




Ionian Sea 6 to 12 nautical miles in Greek territorial waters


Italy


Cephalopods
Crustaceans
Demersal
Large pelagic species


A maximum number of 68 vessels’




South-Southeast of the island of Crete (East of 26°00′00″ E) 6 to 12 nautical miles in Greek EEZ




South-Southeast of the island of Koufonisi 6 to 12 nautical miles in Greek EEZ




South-Southwest of the island of Kasos 6 to 12 nautical miles in Greek EEZ




South-Southeast of the island of Karpathos 6 to 12 nautical miles in Greek EEZ




South-Southwest (West of 27°59′02.00″ E) of the island of Rhodes 6 to 12 nautical miles in Greek EEZ.









(1)  Measured from the coastline.

(2)  The abovementioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009.

(3)  The abovementioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009.

(4)  3 to 12 miles around Bogskär Isles.

(5)  Measured from the coastline.