Council Regulation (EU) 2018/2025 of 17 December 2018 fixing for 2019 and 2020 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks
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Subject matter
This Regulation fixes for the years 2019 and 2020 the annual fishing opportunities available to Union fishing vessels for fish stocks of certain deep-sea species in Union waters and in certain non-Union waters where catch limits are required.
Definitions
1. For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013 shall apply. In addition, the following definitions apply: (a) ‘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 can be landed from each stock each year; (ii) in all other fisheries, the quantity of fish that can be caught from each stock each year; (b) ‘quota’ means a proportion of the TAC allocated to the Union or a Member State; (c) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State; (d) ‘analytical assessment’ means quantitative evaluations 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. 2. For the purposes of this Regulation, the following zone definitions shall 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 ( 4 ) ; (b) CECAF (Committee for Eastern Central Atlantic Fisheries) zones are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council ( 5 ) .
TACs and allocations
The TACs for deep-sea species caught by Union fishing vessels in Union waters or in certain non-Union waters, the allocation of such TACs among Member States and the conditions functionally linked thereto, where appropriate, are set out in the Annex.
TACs to be determined by Member States
1. The TAC for black scabbardfish in CECAF 34.1.2 shall be determined by Portugal. 2. The TAC to be determined by Portugal shall: (a) be consistent with the principles and rules of the common fisheries policy, in particular the principle of the sustainable exploitation of the stock; and (b) result: (i) if an analytical assessment is available, in the exploitation of the stock consistent with maximum sustainable yield from 2019 onwards, 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 in each year of the application of this Regulation, Portugal shall submit the following information to the Commission: (a) the TAC adopted; (b) the data collected and assessed by Portugal on which the TAC adopted is based; (c) details on how the TAC adopted complies with paragraph 2.
Special provisions on the allocation 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 Council Regulation (EC) No 1224/2009 ( 6 ) ; (c) reallocations made pursuant to Article 12(7) of Regulation (EU) 2017/2403 of the European Parliament and of the Council ( 7 ) ; (d) additional landings allowed under Article 3 of Regulation (EC) No 847/96 and 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. 2. Stocks which are subject to precautionary or analytical TACs are identified in the Annex 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. Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TACs, whereas Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TACs, except where otherwise specified in the Annex to this Regulation. 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.
Conditions for landing catches and bycatches
Catches that are not subject to the landing obligation established in 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.
Prohibition
1. It shall be prohibited for Union fishing vessels to fish for orange roughy ( Hoplostethus atlanticus ) in Union and international waters of ICES subareas 1 to 10, 12 and 14, and to retain on board, to tranship or to land orange roughy caught in that area. 2. It shall be prohibited for Union fishing vessels to fish for deep-sea sharks in ICES subareas 5 to 9, in Union and international waters of ICES subarea 10, in international waters of ICES subarea 12 and in Union waters of CECAF 34.1.1, 34.1.2 and 34.2 and to retain on board, tranship, relocate or land deep-sea sharks caught in those areas, with the exception of cases where TACs apply for bycatches in fisheries for black scabbardfish that use longlines as set out in the Annex.
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, they shall use the stock codes set out in the Annex to this Regulation.
Entry into force
This Regulation shall enter into force on the date following that of its publication in the Official Journal of the European Union . It shall apply from 1 January 2019.
ANNEX The references to fishing zones are references to ICES zones, unless otherwise specified. PART 1 Definition of species and species groups 1. In the list set out in Part 2 of this Annex, fish stocks are referred to following the alphabetical order of the Latin names of the species. However, the deep-sea sharks are placed at the beginning of that list. For the purposes of this Regulation, the following comparative table of common names and Latin names is provided: Common name Alpha-3 code Scientific name Black scabbardfish BSF Aphanopus carbo Alfonsinos ALF Beryx spp. Roundnose grenadier RNG Coryphaenoides rupestris Roughhead grenadier RHG Macrourus berglax Red seabream SBR Pagellus bogaraveo 2. For the purposes of this Regulation, ‘deep-sea sharks’ means the following list of species: Common name Alpha-3 code Scientific name Deep-water catsharks API Apristurus spp. Frilled shark HXC Chlamydoselachus anguineus Gulper shark CWO Centrophorus spp. Portuguese dogfish CYO Centroscymnus coelolepis Longnose velvet dogfish CYP Centroscymnus crepidater Black dogfish CFB Centroscyllium fabricii Birdbeak dogfish DCA Deania calcea Kitefin shark SCK Dalatias licha Great lanternshark ETR Etmopterus princeps Velvet belly ETX Etmopterus spinax Mouse catshark GAM Galeus murinus Bluntnose sixgill shark SBL Hexanchus griseus Sailfin roughshark (Sharpback shark) OXN Oxynotus paradoxus Knifetooth dogfish SYR Scymnodon ringens Greenland shark GSK Somniosus microcephalus PART 2 Annual fishing opportunities (in tonnes live weight) Species: Deep-sea sharks Zone: Union and international waters of 5, 6, 7, 8 and 9 (DWS/56789-) Year 2019 2020 Union 7 ( 1 ) 7 ( 1 ) TAC 7 ( 1 ) 7 ( 1 ) Precautionary TAC Article 3 of Regulation (EC) No 847/96 shall not apply Species: Deep-sea sharks Zone: Union and international waters of 10 (DWS/10-) Year 2019 2020 Portugal 7 ( 2 ) 7 ( 2 ) Union 7 ( 2 ) 7 ( 2 ) TAC 7 ( 2 ) 7 ( 2 ) Precautionary TAC Article 3 of Regulation (EC) No 847/96 shall not apply Species: Deep-sea sharks Zone: Union waters of CECAF 34.1.1, 34.1.2 and 34.2 (DWS/F3412C) Year 2019 2020 Union 7 ( 3 ) 7 ( 3 ) TAC 7 ( 3 ) 7 ( 3 ) Precautionary TAC Article 3 of Regulation (EC) No 847/96 shall not apply Species: Black scabbardfish Aphanopus carbo Zone: Union and international waters of 5, 6, 7 and 12 (BSF/56712-) Year 2019 2020 Germany 28 28 Estonia 14 14 Ireland 71 71 Spain 140 140 France 1 976 1 976 Latvia 92 92 Lithuania 1 1 Poland 1 1 United Kingdom 140 140 Others 7 ( 4 ) 7 ( 4 ) Union 2 470 2 470 TAC 2 470 2 470 Precautionary TAC Species: Black scabbardfish Aphanopus carbo Zone: Union and international waters of 8, 9 and 10 (BSF/8910-) Year 2019 2020 Spain 9 9 France 22 22 Portugal 2 801 2 801 Union 2 832 2 832 TAC 2 832 2 832 Precautionary TAC Species: Black scabbardfish Aphanopus carbo Zone: Union and international waters of CECAF 34.1.2 (BSF/C3412-) Year 2019 2020 Portugal To be established To be established Union To be established ( 5 ) To be established ( 5 ) TAC To be established ( 5 ) To be established ( 5 ) Precautionary TAC Article 4 of this Regulation applies. Species: Alfonsinos Beryx spp. Zone: Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 (ALF/3X14-) Year 2019 2020 Ireland 8 ( 6 ) 8 ( 6 ) Spain 57 ( 6 ) 57 ( 6 ) France 15 ( 6 ) 15 ( 6 ) Portugal 164 ( 6 ) 164 ( 6 ) United Kingdom 8 ( 6 ) 8 ( 6 ) Union 252 ( 6 ) 252 ( 6 ) TAC 252 ( 6 ) 252 ( 6 ) Precautionary TAC Species: Roundnose grenadier Coryphaenoides rupestris Zone: Union and international waters of 3 (RNG/03-) Year 2019 2020 Denmark 48 ( 7 ) ( 8 ) 48 ( 7 ) ( 8 ) Germany 0 ( 7 ) ( 8 ) 0 ( 7 ) ( 8 ) Sweden 2 ( 7 ) ( 8 ) 2 ( 7 ) ( 8 ) Union 50 ( 7 ) ( 8 ) 50 ( 7 ) ( 8 ) TAC 50 ( 7 ) ( 8 ) 50 ( 7 ) ( 8 ) Precautionary TAC Species: Roundnose grenadier Coryphaenoides rupestris Zone: Union and international waters of 5b, 6 and 7 (RNG/5B67-) Year 2019 2020 Germany 5 ( 9 ) ( 10 ) 5 ( 9 ) ( 10 ) Estonia 37 ( 9 ) ( 10 ) 37 ( 9 ) ( 10 ) Ireland 166 ( 9 ) ( 10 ) 166 ( 9 ) ( 10 ) Spain 41 ( 9 ) ( 10 ) 41 ( 9 ) ( 10 ) France 2 108 ( 9 ) ( 10 ) 2 108 ( 9 ) ( 10 ) Lithuania 48 ( 9 ) ( 10 ) 48 ( 9 ) ( 10 ) Poland 24 ( 9 ) ( 10 ) 24 ( 9 ) ( 10 ) United Kingdom 124 ( 9 ) ( 10 ) 124 ( 9 ) ( 10 ) Others 5 ( 9 ) ( 10 ) ( 11 ) 5 ( 9 ) ( 10 ) ( 11 ) Union 2 558 ( 9 ) ( 10 ) 2 558 ( 9 ) ( 10 ) TAC 2 558 ( 9 ) ( 10 ) 2 558 ( 9 ) ( 10 ) Precautionary TAC Species: Roundnose grenadier Coryphaenoides rupestris Zone: Union and international waters of 8, 9, 10, 12 and 14 (RNG/8X14-) Year 2019 2020 Germany 15 ( 12 ) ( 13 ) 15 ( 12 ) ( 13 ) Ireland 3 ( 12 ) ( 13 ) 3 ( 12 ) ( 13 ) Spain 1 638 ( 12 ) ( 13 ) 1 638 ( 12 ) ( 13 ) France 76 ( 12 ) ( 13 ) 76 ( 12 ) ( 13 ) Latvia 26 ( 12 ) ( 13 ) 26 ( 12 ) ( 13 ) Lithuania 3 ( 12 ) ( 13 ) 3 ( 12 ) ( 13 ) Poland 513 ( 12 ) ( 13 ) 513 ( 12 ) ( 13 ) United Kingdom 7 ( 12 ) ( 13 ) 7 ( 12 ) ( 13 ) Union 2 281 ( 12 ) ( 13 ) 2 281 ( 12 ) ( 13 ) TAC 2 281 ( 12 ) ( 13 ) 2 281 ( 12 ) ( 13 ) Precautionary TAC Species: Red seabream Pagellus bogaraveo Zone: Union and international waters of 6, 7 and 8 (SBR/678-) Year 2019 2020 Ireland 3 ( 14 ) 3 ( 14 ) Spain 94 ( 14 ) 84 ( 14 ) France 5 ( 14 ) 4 ( 14 ) United Kingdom 12 ( 14 ) 11 ( 14 ) Others 3 ( 14 ) 3 ( 14 ) Union 117 ( 14 ) 105 ( 14 ) TAC 117 ( 14 ) 105 ( 14 ) Precautionary TAC Species: Red seabream Pagellus bogaraveo Zone: Union and international waters of 9 ( 15 ) (SBR/9-) Year 2019 2020 Spain 117 117 Portugal 32 32 Union 149 149 TAC 149 149 Precautionary TAC Species: Red seabream Pagellus bogaraveo Zone: Union and international waters of 10 (SBR/10-) Year 2019 2020 Spain 5 5 Portugal 566 566 United Kingdom 5 5 Union 576 576 TAC 576 576 Precautionary TAC ( 1 ) Exclusively for bycatches in fisheries for black scabbardfish that use longlines. No directed fisheries are permitted under this quota. ( 2 ) Exclusively for bycatches in fisheries for black scabbardfish that use longlines. No directed fisheries are permitted under this quota. ( 3 ) Exclusively for bycatches in fisheries for black scabbardfish that use longlines. No directed fisheries are permitted under this quota. ( 4 ) Exclusively for bycatches. No directed fisheries are permitted under this quota. ( 5 ) Established at the same quantity as the quota for Portugal. ( 6 ) Exclusively for bycatches. No directed fisheries are permitted under this quota. ( 7 ) Exclusively for bycatches. No directed fisheries are permitted under this quota. ( 8 ) No directed fisheries of roughhead grenadier are permitted. Bycatches of roughhead grenadier (RHG/03-) shall be counted against this quota. They may not exceed 1 % of the quota. ( 9 ) A maximum of 10 % of each quota may be fished in Union and international waters of 8, 9, 10, 12 and 14 (RNG/*8X14- for roundnose grenadier; RHG/*8X14- for roughhead grenadier bycatches). ( 10 ) No directed fisheries of roughhead grenadier are permitted. Bycatches of roughhead grenadier (RHG/5B67-) shall be counted against this quota. They may not exceed 1 % of the quota. ( 11 ) Exclusively for bycatches. No directed fisheries are permitted. ( 12 ) A maximum of 10 % of each quota may be fished in Union and international waters of 5b, 6, 7 (RNG/*5B67- for roundnose grenadier; RHG/*5B67- for roughhead grenadier bycatches). ( 13 ) No directed fisheries of roughhead grenadier are permitted. Bycatches of roughhead grenadier (RHG/8X14-) shall be counted against this quota. They may not exceed 1 % of the quota. ( 14 ) Exclusively for bycatches. No directed fisheries are permitted under this quota. ( 15 ) Catches in the GFCM area 37.1.1 shall nevertheless be reported (SBR/F3711). Catches in the CECAF area 34.1.11 shall nevertheless be reported (SBR/F34111).
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