Article 1 Subject matter
This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2022 and amends certain fishing opportunities in other waters fixed by Regulation (EU) 2021/92.
Article 2 Scope
1. This Regulation applies to Union fishing vessels operating in the Baltic Sea. 2. This Regulation also applies to recreational fisheries where they are expressly referred to in the relevant provisions.
Article 3 Definitions
For the purposes of this Regulation, the definitions laid down in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply: (1) ‘subdivision’ means an International Council for the Exploration of the Sea (ICES) subdivision of the Baltic Sea as defined in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council ( 9 ) ; (2) ‘total allowable catch’ (TAC) means the quantity of each stock that can be caught over the period of a year; (3) ‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country; (4) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources such as for recreation, tourism or sport.
Article 4 TACs and allocations
The TACs, quotas and conditions functionally linked thereto, where appropriate, are set out in the Annex.
Article 5 Special provisions on allocation of fishing opportunities
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) additional landings allowed under Article 3 of Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013; (d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013; (e) deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.
Article 6 Conditions for landing of catches and by-catches
The stocks of non-target species within the safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 which qualify for the derogation from the obligation to count catches against the relevant quota are identified in the Annex to this Regulation.
Article 7 Closures to protect cod spawning
1. It shall be prohibited to fish with any type of fishing gear in subdivisions 25 and 26 from 1 May to 31 August. 2. An exemption from the prohibition laid down in paragraph 1 shall apply in the following cases: (a) fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241; (b) 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 within four nautical miles measured from the baselines, drifting lines, handlines and jigging equipment or similar 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; (c) Union fishing vessels fishing in subdivision 25 for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, in areas where the water depth is less than 50 metres according to the coordinates on the official sea chart issued by the competent national authorities, and whose landings are sorted. 3. It shall be prohibited to fish with any type of fishing gear in subdivisions 22 and 23 from 15 January to 31 March and in subdivision 24 from 15 May to 15 August. 4. An exemption from the prohibition laid down in paragraph 3 shall apply in the following cases: (a) fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241; (b) 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 within four nautical miles measured from the baselines, drifting lines, handlines and jigging equipment or similar 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; (c) Union fishing vessels fishing in subdivision 24 for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, in areas where the water depth is less than 40 metres according to the coordinates on the official sea chart issued by the competent national authorities, and whose landings are sorted; (d) Union fishing vessels fishing with dredges for bivalve molluscs in subdivision 22, 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. 5. Masters of fishing vessels as referred to in paragraph 2, point (b) or (c), and paragraph 4, point (b), (c) or (d), shall ensure that their fishing activity can be monitored at any time by the control authorities of the Member State.
Article 8 Measures on recreational fisheries of cod in subdivisions 22-26
1. In recreational fisheries, no more than one specimen of cod may be retained per fisherman per day in subdivisions 22 and 23, and in subdivision 24 within six nautical miles measured from the baselines, except in the period from 15 January to 31 March, when recreational fisheries of cod shall be prohibited. 2. Recreational fisheries of cod shall be prohibited in subdivision 24 beyond six nautical miles measured from the baselines, and in subdivisions 25 and 26. 3. This Article is without prejudice to more stringent national measures.
Article 9 Measures on recreational fisheries of salmon in subdivisions 22-31
1. Recreational fisheries of salmon shall be prohibited in subdivisions 22-31. Any specimen of salmon caught shall be immediately released back into the sea. 2. By way of derogation from paragraph 1, recreational fisheries of salmon shall be allowed under the following cumulative conditions: (a) no more than one specimen of adipose fin-clipped salmon may be retained per fisherman per day; (b) all specimens of any fish species retained shall be landed whole. 3. By way of derogation from paragraphs 1 and 2, north of latitude 59°30′N recreational fisheries of salmon shall be allowed from 1 May to 31 August without restrictions in areas within four nautical miles measured from the baselines. 4. This Article is without prejudice to more stringent national measures.
Article 10 Measures for the conservation of the sea trout and salmon stocks in subdivisions 22-32
1. It shall be prohibited for fishing vessels to fish for sea trout beyond four nautical miles measured from the baselines in subdivisions 22-32 from 1 January to 31 December 2022. When fishing for salmon beyond four nautical miles measured from the baselines in subdivision 32, by-catches of sea trout shall not exceed 3 % of the total catch of salmon and sea trout at any moment on board or landed after each fishing trip. 2. Fishing with longlines beyond four nautical miles measured from the baselines in subdivisions 22-31 shall be prohibited. 3. This Article is without prejudice to more stringent national measures.
Article 11 Flexibility
1. Except where specified otherwise in the Annex to this Regulation, Article 3 of Regulation (EC) No 847/96 applies to stocks subject to precautionary TACs and Article 3(2) and (3) and Article 4 of that Regulation applies to stocks subject to an analytical TAC. 2. Article 3(2) and (3) and Article 4 of Regulation (EC) No 847/96 does 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 Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send data relating to quantities of stocks caught or landed to the Commission, they shall use the stock codes set out in the Annex to this Regulation.
Article 13 Amendments to Regulation (EU) 2021/92
Regulation (EU) 2021/92 is amended as follows: (1) Annex IA is amended as follows: (a) the fishing opportunities table for cod in ICES division 7d is replaced by the following: ‘Species: Cod Gadus morhua Zone: 7d (COD/07D.) Belgium 33 (1) 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 649 (1) Netherlands 19 (1) Union 701 (1) United Kingdom 71 (2) TAC 772 (1) Special condition: of which up to 5 % may be fished in 4, in that part of 3a which is not covered by the Skagerrak and Kattegat and in United Kingdom waters of 2a (COD/*2A3X4). (2) Special condition: of which up to 5 % may be fished in United Kingdom and Union waters of 4, in that part of 3a which is not covered by the Skagerrak and Kattegat and in United Kingdom waters of 2a (COD/*2A3X4)’ (b) the fishing opportunities table for mackerel in United Kingdom and Union waters of ICES division 2a, and subareas 3 and 4 is replaced by the following: ‘Species: Mackerel Scomber scombrus Zone: United Kingdom and Union waters of 2a, 3 and 4 (MAC/2A34.) Belgium 544 (1)(2) Analytical TAC Article 8(2) of this Regulation applies Denmark 18 666 (1)(2) Germany 567 (1)(2) France 1 713 (1)(2) The Netherlands 1 724 (1)(2) Sweden 5 108 (1)(2)(3) Union 28 322 (1)(2) Norway Not relevant (4) United Kingdom Not relevant (1)(2)(3) TAC 852 284 (1) Special condition: up to 60 % may be fished in United Kingdom and international waters of 2a, 5b, 6, 7, 8d, 8e, 12 and 14 (MAC/*2AX14). (2) Within the limits of the abovementioned quotas, no more than the quantities given below may also be taken in the two following zones: Norwegian waters of 2a (MAC/*02AN-) Faroese waters (MAC/*FRO1) Belgium 0 0 Denmark 0 0 Germany 0 0 France 0 0 The Netherlands 0 0 Sweden 0 0 Union 0 0 (3) Special condition: including the following tonnage to be taken in Norwegian waters of 2a and 4a (MAC/*2A4AN): 251 When fishing under this special condition, by-catches of cod, haddock, pollack, whiting and saithe are to be counted against the quotas for those species. (4) To be deducted from Norway’s share of the TAC (access quota). This amount includes the following Norwegian share of the North Sea TAC: 0 This quota may be fished in 4a only (MAC/*04A.), except for the following amount, in tonnes, which may be fished in 3a (MAC/*03A.): 0 Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones: 3a United Kingdom and Union waters of 3a and 4bc 4b 4c United Kingdom and international waters of 2a, 5b, 6, 7, 8d, 8e, 12 and 14 (MAC/*03A.) (MAC/*3A4BC) (MAC/*04B.) (MAC/*04C.) (MAC/*2A6.) Belgium 0 0 0 0 326 Denmark 0 4 130 0 0 11 200 Germany 0 0 0 0 340 France 0 490 0 0 1 028 The Netherlands 0 490 0 0 1 034 Sweden 0 0 390 10 3 065 Union 0 5 110 390 10 16 993 United Kingdom 0 Not relevant 0 0 Not relevant Norway 0 0 0 0 0 ’ (c) the fishing opportunities table for mackerel in Norwegian waters of ICES divisions 2a and 4a is replaced by the following: ‘Species: Mackerel Scomber scombrus Zone: Norwegian waters of 2a and 4a (MAC/2A4A-N) Denmark 13 359 (1) Analytical TAC Union 13 359 (1) TAC Not relevant (1) In 2021, this quota may only be fished in United Kingdom and Union waters of 2a, 3 and 4 (MAC/*2A34X).’ (d) the fishing opportunities table for Norway pout and associated by-catches in ICES division 3a and the United Kingdom and Union waters of ICES subarea 4 and United Kingdom waters of ICES division 2a is replaced by the following: ‘Species: Norway pout and associated by-catches Trisopterus esmarkii Zone: 3a; United Kingdom and Union waters of 4; United Kingdom waters of 2a (NOP/2A3A4.) Year 2021 2022 Denmark 116 447 (1)(3) 24 727 (1)(6) Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply Germany 22 (1)(2)(3) 5 (1)(2)(6) The Netherlands 86 (1)(2)(3) 18 (1)(2)(6) Union 116 555 (1)(3) 24 750 (1)(6) United Kingdom 11 745 (2)(3) 5 250 (2)(6) Norway 0 (4) 0 (4) Faroe Islands 0 (5) 0 (5) TAC Not relevant Not relevant (1) Up to 5 % of the quota may consist of by-catches of haddock and whiting (OT2/*2A3A4). By-catches of haddock and whiting 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. (2) Quota may be fished in United Kingdom and Union waters of ICES zones 2a, 3a and 4 only. (3) May only be fished from 1 November 2020 to 31 October 2021. (4) A sorting grid shall be used. (5) A sorting grid shall be used. Includes a maximum of 15 % of unavoidable by-catches (NOP/*2A3A4), to be counted against this quota. (6) May only be fished from 1 November 2021 to 31 December 2021.’ (e) the fishing opportunities table for other species in Union waters of ICES subarea 4 and division 6a north of 56°30′N is replaced by the following: ‘Species: Other species Zone: Union waters of 4 and 6a north of 56° 30′ N (OTH/2A46AN) Union Not relevant Precautionary TAC Norway 1 000 (1)(2) Faroe Islands 0 TAC Not relevant (1) Limited to 4 (OTH/*2A4-C). (2) Species not covered by other TACs.’ (2) in Annex IB, the fishing opportunities table for capelin in Greenland waters of 5 and 14 is replaced by the following: ‘Species: Capelin Mallotus villosus Zone: Greenland waters of 5 and 14 (CAP/514GRN) Denmark 51 088 Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply Germany 2 224 Sweden 3 666 All Member States 2 645 (1) Union 59 623 (2) Norway 10 000 (2) TAC Not relevant (1) Denmark, Germany and Sweden may access the ‘All Member States’ quota only once they have exhausted their own quota. However, Member States with more than 10 % of the Union quota shall not access the ‘All Member States’ quota at all. Catches to be counted against this shared quota shall be reported separately (CAP/514GRN_AMS). (2) For a fishing period from 15 October 2021 to 15 April 2022.’
Article 14 Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . It shall apply from 1 January 2022. By way of derogation from the second paragraph: (a) Article 13, points (1)(a), (1)(b) and (1)(e) and point (3), shall apply from 1 January 2021; (b) Article 13, point (1)(c), shall apply from 12 October 2021; (c) Article 13, point (2), shall apply from 15 October 2021 until 15 April 2022; (d) Article 13, point (1)(d), shall apply from 1 November 2021 until 31 October 2022.