L 28/10
EN
Official Journal of the European Union
31.1.2023
(61)
As regards the fishing opportunities for snow crab (Chionoecetes spp.) around the area of Svalbard, the Treaty of 9 February 1920 relating to Spitsbergen (Svalbard) (‘the 1920 Treaty of Paris’) grants equal and non-discriminatory access to resources around Svalbard for all parties to that Treaty, including with respect to fishing.
The Union’s position concerning that access, as regards fishing for snow crab on the continental shelf around Svalbard, has been set out in several notes verbales to Norway, the latest of which dated 26 February 2021, 28 June 2021 and 1 August 2022.
In order to ensure that the exploitation of snow crab around Svalbard is made consistent with such nondiscriminatory management rules as may be set out by Norway, which enjoys sovereignty and jurisdiction in the area in accordance with the relevant provisions of the United Nations Convention on the Law of the Sea and the 1920 Treaty of Paris, 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 2023.
It is recalled that, in the Union, primary responsibility for ensuring compliance with applicable law lies with the flag Member States.
(62)
As regards the fishing opportunities for cod in Svalbard waters, the 1920 Treaty of Paris grants equal and nondiscriminatory access to resources around Svalbard for all parties to that Treaty, including with respect to fishing.
The Council should therefore set the Union quota for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b based on the reference TAC of northeast Arctic cod and the Union historic fishing rights.
In accordance with the Union-Norway political understanding in relation to the fisheries in ICES subareas 1 and 2 of 29 April 2022, Norway should establish a quota of cod for Union vessels fishing for cod in Svalbard waters at 2,8274 % of the reference TAC in its legislation, which also corresponds to the Union rights under the 1920 Treaty of Paris.
As the discussions on the implementation of the Union-Norway political understanding are ongoing, it is appropriate that the Union establishes for the first quarter of 2023 a provisional Union quota for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b.
The level of that provisional Union quota should be fixed at 3 907 tonnes, taking into account the historic Union share for cod in Svalbard waters.
Moreover, Norway intends to establish in its legislation a provisional quota for the Union for cod in Svalbard waters at that level for the period 1 January to 31 March 2023.
The provisional quotas should be allocated to the Member States in accordance with Council Decision 87/277/EEC (16) subject to the adaptations necessary due to the withdrawal of the United Kingdom from the Union and due to the ratio of the level of the provisional Union quota to the Union share of the stock.
(63)
In accordance with the Union’s Declaration addressed to the Bolivarian Republic of Venezuela on the granting of fishing opportunities in Union waters to fishing vessels flying the flag of Venezuela in the exclusive economic zone off the coast of French Guiana (17), it is necessary to fix the fishing opportunities for snapper available to Venezuela in Union waters.
(64)
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to authorise individual Member States to manage fishing effort allocations in accordance with a kilowatt per day system; to grant additional days at sea for the permanent cessation of fishing activities and for enhanced scientific observer coverage; and to establish spreadsheet formats for the collection and transmission of information on transfers of days at sea between fishing vessels flying the flag of a Member State.
The Commission should exercise those powers in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (18).
(16) Council Decision 87/277/EEC of 18 May 1987 on the allocation of the catch possibilities for cod in the Spitsbergen and Bear Island area and in Division 3M as defined in the NAFO Convention (OJ L 135, 23.5.1987, p. 29).
(17) Council Decision (EU) 2015/1565 of 14 September 2015 on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana (OJ L 244, 19.9.2015, p. 55).
(18) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).