1. This Article applies to Union marine and brackish waters of ICES subareas 3, 4, 6, 7, 8 and 9, and to adjacent Union brackish waters, including estuaries, coastal lagoons and transitional waters.
2. This Article does not apply to commercial fishing operations conducted for the exclusive purpose of scientific investigations with or without a fishing vessel, provided that those investigations are carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 and that the STECF has confirmed to the Commission and the Member States concerned that such scientific investigations are justified on scientific grounds.
3. Commercial fishing activities for European eel ( Anguilla anguilla ) at all life stages for a period of at least six months between 1 April 2026 and 31 March 2027 shall be prohibited. In addition, Members States and fishers shall undertake all reasonable efforts to minimise and where possible eliminate incidental catch of European eel. When accidentally caught, specimens of European eel shall not be harmed and shall be promptly released. To that effect, the Member State concerned, either individually or jointly, shall determine one or more closure periods subject to the following conditions:
(a)
where appropriate, the closure period or periods may differ between Member States or within one Member State from one fishing area to another in order to take account of the geographical and temporal migration pattern of European eel at its different life stages;
(b)
the closure period or periods shall last for a consecutive or non-consecutive time span of at least six months, which shall apply to all fishers concerned in the relevant fishing area;
(c)
the closure period or periods shall be consistent with the conservation objectives set out in Regulation (EC) No 1100/2007, and with national management plans established pursuant to Article 2 of that Regulation; and
(d)
the closure period or periods shall cover the main migration period or periods, including the respective peak, of European eel at the respective life stage in the Member State concerned.
4. By way of derogation from paragraph 3, point (d), for European eel of an overall length of 12 cm or more, the Member State concerned may allow fishing activities for up to a total of 30 consecutive or non-consecutive days, which shall apply to all fishers concerned in the relevant fishing area, during the main migration period. In that case, the Member States concerned shall determine an additional closure of an equivalent period of time during the main migration period or, subsidiarily, just before or after it. In cases where a Member State allows fishing on non-consecutive days, the fishing gear shall be taken out of the water during any period between of those non-consecutive days of fishing activities.
5. By way of derogation from paragraph 3, point (d), the Member State concerned may allow fishing for European eel of an overall length of 12 cm or more when migrating from Union waters to their spawning grounds in the Sargasso Sea (‘downstream migration’) for up to a total of 50 consecutive or non-consecutive days. That derogation applies to all fishers concerned in the relevant fishing area, during the main migration period, under the following cumulative conditions:
(a)
the fishing activity shall only be allowed when the only access available to the European eel to marine waters necessarily passes through non-Union brackish waters;
(b)
the catches taken in ICES subdivisions 22 to 32 shall meet the minimum conservation reference size of 35 cm, in accordance with Part A of Annex VIII to Regulation (EU) 2019/1241;
(c)
any European eel that is sexually mature and is caught shall not be harmed, shall be transported without undue delay and shall be immediately released to nearby Union marine waters at a place designated by the Member State concerned, which would allow it to continue downstream migration;
(d)
any incidentally caught European eel that is not sexually mature shall not be harmed and shall be immediately released back into the water; and
(e)
the fishing activity shall be undertaken with the involvement of a national scientific body.
6. For European eel of an overall length of 12 cm or more in ICES subarea 3, the closure period or periods referred to in paragraph 3 and the derogation thereof referred to in paragraph 4 shall be agreed by all the Member States concerned so as to ensure an effective protection of European eel on its migration from the Baltic Sea into the North Sea. In the absence of such an agreement by 1 April 2026, the closure period shall be 15 September 2026 to 15 March 2027 in Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden, and without the possibility of the derogation referred to in paragraph 4.
7. By way of derogation from paragraph 3, point (d), for European eel of an overall length of less than 12 cm, the Member States concerned may allow fishing activities for up to a total of 30 consecutive or non-consecutive days, which shall apply to all fishers concerned in the relevant fishing area, during the main migration period. In addition, the Member States concerned may allow fishing exclusively for restocking for up to an additional 50 days during the main migration period. In both cases, the Member States concerned shall determine an additional closure of an equivalent period of time during the main migration period or, subsidiarily, just before or after it. In cases where a Member State allows fishing on non-consecutive days, the fishing gear shall be taken out of the water during any period between of those non-consecutive days of fishing activities.
8. Recreational fisheries of European eel at all life stages shall be prohibited.
9. The Member States concerned, either individually or jointly, shall inform the Commission:
(a)
by 1 May, of the closure period or periods determined in accordance with paragraphs 3 to 7, together with the supporting information justifying the chosen period or periods;
(b)
within two weeks of their adoption, of national measures relating to the closure period or periods that were determined in accordance with paragraphs 3 to 7;
(c)
within eight weeks before the start of the closure period or periods determined in accordance with paragraphs 3 to 7, of the fishing activities held in accordance with paragraph 5, namely of:
(i)
the place or places and date or dates of the fishing activities;
(ii)
the expected number and type of operators, and the national scientific body involved; and
(iii)
the designated place or places for release; and
(d)
within a maximum of eight weeks from the end of the fishing activities held in accordance with paragraph 5, of:
(i)
the number and type of operators;
(ii)
the number of sexually mature European eels caught during those fishing activities;
(iii)
the number of European eels that are not sexually mature caught during those fishing activities; and
(iv)
the number of sexually mature European eels that were tagged.