Council Regulation (EU) 2019/2236 of 16 December 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas

• CELEX: Regulation (EU) 2019/2236
• Articles: 20

Article 1 Subject matter

This Regulation fixes for 2020 the fishing opportunities applicable in the Mediterranean and Black Seas for certain fish stocks and groups of fish stocks.

Article 2 Scope

1.   This Regulation applies to Union fishing vessels exploiting the following fish stocks:

(a)

European eel ( Anguilla anguilla ) in the Mediterranean Sea, as defined in Article 4(b);

(b)

blue and red shrimp ( Aristeus

antennatus ), deep-water rose shrimp ( Parapenaeus

longirostris ), giant red shrimp ( Aristaeomorpha

foliacea ), European hake ( Merluccius

merluccius ), Norway lobster ( Nephrops

norvegicus ) and red mullet ( Mullus

barbatus ) in the western Mediterranean Sea, as defined in Article 4(c);

(c)

anchovy ( Engraulis

encrasicolus ) and sardine ( Sardina

pilchardus ) in the Adriatic Sea, as defined in Article 4(d);

(d)

European hake ( Merluccius

merluccius ), Norway lobster ( Nephrops

norvegicus ), common sole ( Solea

solea ), deep-water rose shrimp ( Parapenaeus

longirostris ) and red mullet ( Mullus

barbatus ) in the Adriatic Sea, as defined in Article 4(d);

(e)

sprat ( Sprattus

sprattus ) and turbot ( Psetta

maxima ) in the Black Sea, as defined in Article 4(e).

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 to in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:

(a)

‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;

(b)

‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport;

(c)

‘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 over the period of a year;

(d)

‘quota’ means a proportion of the TAC allocated to the Union or a Member State;

(e)

‘Union autonomous quota’ means a catch limit autonomously allocated to Union fishing vessels in the absence of an agreed TAC;

(f)

‘analytical quota’ means a Union autonomous quota for which an analytical assessment is available;

(g)

‘analytical assessment’ means a quantitative evaluation 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.

Article 4 Fishing zones

For the purposes of this Regulation, the following zone definitions apply:

(a)

‘GFCM geographical subareas’ means the areas as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council  ( 6 ) ;

(b)

‘Mediterranean Sea’ means the waters in GFCM geographical subareas 1 to 27, as defined in Annex I to Regulation (EU) No 1343/2011;

(c)

‘western Mediterranean Sea’ means the waters in GFCM geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11, as defined in Annex I to Regulation (EU) No 1343/2011;

(d)

‘Adriatic Sea’ means the waters in GFCM geographical subareas 17 and 18, as defined in Annex I to Regulation (EU) No 1343/2011;

(e)

‘Black Sea’ means the waters in GFCM geographical subarea 29, as defined in Annex I to Regulation (EU) No 1343/2011.

Article 5 European eel

1.   All activities by Union fishing vessels and other Union fishing activities catching European eel ( Anguilla anguilla ), namely targeted, incidental and recreational fisheries, shall be subject to the provisions of this Article.

2.   This Article applies to the Mediterranean Sea and to brackish waters such as estuaries, coastal lagoons and transitional waters.

3.   It shall be prohibited for Union fishing vessels to fish for European eel in Union and international waters of the Mediterranean Sea for a consecutive three-month period to be determined by each Member State. The fishing closure period shall be consistent with the conservation objectives set out in Regulation (EC) No 1100/2007, with national management plans in place and with the temporal migration patterns of European eel in the Member States concerned. Member States shall communicate the determined period to the Commission no later than one month prior to the entry into force of the closure and in any case no later than 31 January 2020.

Article 6 Demersal stocks

1.   The maximum allowable fishing effort for 2020 for demersal stocks in the western Mediterranean Sea is set out in Annex I to this Regulation.

2.   Member States shall manage the maximum allowable fishing effort in accordance with Article 9 of Regulation (EU) 2019/1022.

Article 7 Data transmission

Member States shall record and transmit the fishing effort data to the Commission in accordance with Article 10 of Regulation (EU) 2019/1022.

When submitting effort data to the Commission in accordance with this Article, Member States shall use the fishing effort group codes set out in Annex I to this Regulation.

Article 8 Small pelagic stocks

1.   Catches of sardine ( Sardina

pilchardus ) and anchovy ( Engraulis

encrasicolus ) by Union fishing vessels in the Adriatic Sea shall not exceed the levels set out in Annex II to this Regulation.

2.   Union fishing vessels targeting sardine and anchovy in the Adriatic Sea shall not exceed 180 fishing days per year. Within that total of 180 fishing days, a maximum of 144 fishing days targeting sardine and a maximum of 144 fishing days targeting anchovy shall apply.

Article 9 Demersal stocks

1.   The maximum allowable fishing effort for 2020 for demersal stocks in the Adriatic Sea is set out in Annex II.

2.   Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

Article 10 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 and fishing effort data, they shall use the stock codes and the effort group codes set out in Annex II to this Regulation.

Article 11 Allocation of fishing opportunities for sprat

The Union autonomous quota for sprat ( Sprattus sprattus ), the allocation of such quota among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex III to this Regulation.

Article 12 Allocation of fishing opportunities for turbot

The TAC for turbot ( Psetta maxima ) applicable in Union waters in the Black Sea for Union fishing vessels and the allocation of such TAC among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex III to this Regulation.

Article 13 Management of fishing effort for turbot

Union fishing vessels authorised to fish for turbot in Union waters in the Black Sea, irrespective of the vessels’ length overall, shall not exceed 180 fishing days per year.

Article 14 Closure period for turbot

It shall be prohibited for Union fishing vessels to carry out any fishing activity, including transhipment, retaining on board, landing and first sale of turbot in Union waters in the Black Sea from 15 April to 15 June.

Article 15 Special provisions on allocations of fishing opportunities in the Black Sea

1.   The allocation of fishing opportunities among Member States as set out in Articles 11 and 12 of 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; and

(c)

deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.

2.   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.

Article 16 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 of sprat and turbot caught in Union waters in the Black Sea, they shall use the stock codes set out in Annex III to this Regulation.

Article 17 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 2020.

Schedules & Appendices

ANNEX I FISHING EFFORT FOR UNION FISHING VESSELS IN THE CONTEXT OF THE MANAGEMENT OF DEMERSAL STOCKS IN THE WESTERN MEDITERRANEAN SEA

ANNEX I

FISHING EFFORT FOR UNION FISHING VESSELS IN THE CONTEXT OF THE MANAGEMENT OF DEMERSAL STOCKS IN THE WESTERN MEDITERRANEAN SEA

The tables in this Annex set out the maximum allowable fishing effort (in fishing days) by stock groups, as defined in Article 1 of Regulation (EU) 2019/1022, and overall length of vessels for all types of trawls  ( 1 ) fishing for demersal stocks in the western Mediterranean Sea.

All maximum allowable fishing efforts set out in this Annex shall be subject to the rules set out in Regulation (EU) 2019/1022 and Articles 26 to 35 of Regulation (EC) No 1224/2009.

The references to fishing zones are references to GFCM geographical subareas (GSAs).

For the purposes of this Annex, the following comparative table of Latin names and common names of fish stocks is provided:

Scientific name

Alpha-3 code

Common name

Aristaeomorpha foliacea

ARS

Giant red shrimp

Aristeus antennatus

ARA

Blue and red shrimp

Merluccius merluccius

HKE

European hake

Mullus barbatus

MUT

Red mullet

Nephrops norvegicus

NEP

Norway lobster

Parapenaeus longirostris

DPS

Deep-water rose shrimp

Maximum allowable fishing effort in fishing days

(a)

Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion (GSAs 1-2-5-6-7)

Stock group

Overall length of vessels

Spain

France

Italy

Fishing effort group code

Red mullet in GSAs 1, 5, 6 and 7; Hake in GSAs 1-5-6-7; Deep-water rose shrimp in GSAs 1, 5 and 6; Norway lobster in GSAs 5 and 6.

< 12 m

2 260

0

0

EFF1/MED1_TR1

≥ 12 m and < 18 m

24 284

0

0

EFF1/MED1_TR2

≥ 18 m and < 24 m

46 277

5 144

0

EFF1/MED1_TR3

≥ 24 m

16 240

6 258

0

EFF1/MED1_TR4

Blue and red shrimp in GSAs 1, 5, 6 and 7.

< 12 m

0

0

0

EFF2/MED1_TR1

≥ 12 m and < 18 m

1 139

0

0

EFF2/MED1_TR2

≥ 18 m and < 24 m

10 822

0

0

EFF2/MED1_TR3

≥ 24 m

9 066

0

0

EFF2/MED1_TR4

(b)

Corsica Island, Ligurian Sea, Tyrrhenian Sea and Sardinia Island (GSAs 8-9-10-11)

Stock group

Overall length of vessels

Spain

France

Italy

Fishing effort group code

Red mullet in GSAs 9, 10 and 11; Hake in GSAs 9-10-11; Deep-water rose shrimp in GSAs 9-10-11; Norway lobster in GSAs 9 and 10.

< 12 m

0

208

3 081

EFF1/MED2_TR1

≥ 12 m and < 18 m

0

833

46 350

EFF1/MED2_TR2

≥ 18 m and < 24 m

0

208

31 170

EFF1/MED2_TR3

≥ 24 m

0

208

4 160

EFF1/MED2_TR4

Giant red shrimp in GSAs 9, 10 and 11.

< 12 m

0

0

510

EFF2/MED2_TR1

≥ 12 m and < 18 m

0

0

3 760

EFF2/MED2_TR2

≥ 18 m and < 24 m

0

0

3 028

EFF2/MED2_TR3

≥ 24 m

0

0

405

EFF2/MED2_TR4

( 1 )   TBB, OTB, PTB, TBN, TBS, TB, OTM, PTM, TMS, TM, OTT, OT, PT, TX, OTP, TSP.

ANNEX II FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE ADRIATIC SEA

ANNEX II

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE ADRIATIC SEA

The tables in this Annex set out the fishing opportunities by stock or vessels effort groups and the conditions functionally linked thereto, where appropriate.

All fishing opportunities set out in this Annex shall be subject to the rules set out in Articles 26 to 35 of Regulation (EC) No 1224/2009.

The references to fishing zones are references to GFCM geographical subareas (GSAs).

For the purposes of this Annex, the following comparative table of Latin names and common names is provided:

Scientific name

Alpha-3 code

Common name

Engraulis encrasicolus

ANE

Anchovy

Merluccius merluccius

HKE

European hake

Mullus barbatus

MUT

Red mullet

Nephrops norvegicus

NEP

Norway lobster

Parapenaeus longirostris

DPS

Deep-water rose shrimp

Sardina pilchardus

PIL

Sardine

Solea solea

SOL

Common sole

1.   Small pelagic stocks — GSAs 17 and 18

The table in this section sets out the maximum level of catches expressed in tonnes live weight.

Species:

Small pelagic species (Anchovy and Sardine)

Engraulis encrasicolus and Sardina pilchardus

Zone:

Union and International waters of GFCM-GSAs 17 and 18

(SP1/GF1718)

Union101 711  ( 1 )

( 2 )

Maximum level of catches

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

TAC

Not relevant

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

2.   Demersal stocks — GSAs 17 and 18

The table in this section sets out the maximum allowable fishing effort (in fishing days) by types of trawls fishing for demersal stocks in GSAs 17 and 18 (Adriatic Sea).

Gear type

Stocks

Member State

Fishing effort (fishing days)

Year 2020

Fishing effort group code

Trawls (OTB)

European hake, deep-water rose shrimp, Norway lobster, red mullet

Italy,

GSAs 17-18

108 349

EFF/MED3_OTB

Croatia,

GSAs 17-18

39 257

EFF/MED3_OTB

Slovenia,

GSA 17

( *1 )

EFF/MED3_OTB

Beam trawls (TBB)

Common sole

Italy,

GSA 17

8 663

EFF/MED3_TBB

( 1 )   Concerning Slovenia, the quantities are based on the level of catches exerted in 2014, up to an amount which should not exceed 300 tonnes.

( 2 )   Limited to Croatia, Italy and Slovenia.

( *1 )   Fishing vessels flying the flag of Slovenia operating with OTB gear in GSA 17 shall not exceed the effort limit of 3 000 fishing days per year.

ANNEX III FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE BLACK SEA

ANNEX III

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE BLACK SEA

The tables in this Annex set out TACs and quotas expressed in tonnes of live weight by stock and the conditions functionally linked thereto, where appropriate.

All fishing opportunities set out in this Annex shall be subject to the rules set out in Articles 26 to 35 of Regulation (EC) No 1224/2009.

The references to fishing zones are references to GFCM geographical subareas (GSAs).

For the purposes of this Annex, the following comparative table of Latin names and common names is provided:

Scientific name

Alpha-3 code

Common name

Sprattus sprattus

SPR

Sprat

Psetta maxima

TUR

Turbot

Species:

Sprat

Sprattus sprattus

Zone:

Union waters in the Black Sea — GSA 29

(SPR/F3742C)

Bulgaria

8 032,50

Analytical quota

Romania

3 442,50

Article 3 of Regulation (EC) No 847/96 shall not apply.

Union

11 475

Article 4 of Regulation (EC) No 847/96 shall not apply.

TAC

Not relevant/Not agreed

Species

Turbot

Psetta maxima

Zone:

Union waters in the Black Sea — GSA 29

(TUR/F3742C)

Bulgaria

75

Analytical TAC

Romania

75

Article 3 of Regulation (EC) No 847/96 shall not apply.

Union

150  ( *1 )

Article 4 of Regulation (EC) No 847/96 shall not apply.

TAC

857

( *1 )   No fishing activity, including transhipment, retaining on board, landing and first sale shall be permitted from 15 April to 15 June 2020.