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Document 52020PC0377

    Proposal for a COUNCIL REGULATION fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas

    COM/2020/377 final

    Brussels, 17.8.2020

    COM(2020) 377 final

    2020/0178(NLE)

    Proposal for a

    COUNCIL REGULATION

    fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas


    EXPLANATORY MEMORANDUM

    1.CONTEXT OF THE PROPOSAL

    Reasons for and objectives of the proposal

    Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy (“the CFP Basic Regulation”) seeks to ensure that living aquatic resources are exploited under sustainable economic, environmental and social conditions. One important tool in this respect is the annual fixing of fishing opportunities. All fishing opportunities Regulations must limit the harvesting of fish stocks to levels consistent with the overall objectives of the Common Fisheries Policy (CFP).

    The objective of this proposal is to fix the fishing opportunities for certain stocks and groups of stocks in the Mediterranean and the Black Seas.

    Following the adoption and entry into force of the Multiannual plan for demersal stocks in the western Mediterranean Sea, this proposal fixes the fishing opportunities, expressed in terms of maximum allowable fishing effort, for the Member States concerned (Spain, France and Italy).

    This proposal also fixes fishing opportunities pursuant to agreements reached in the framework of the General Fisheries Commission for the Mediterranean (GFCM), a regional fisheries management organisation competent for the conservation and management of living marine resources in the Mediterranean and the Black Seas. The European Union is a member of the GFCM, together with Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Romania, Slovenia and Spain. Measures adopted in the framework of the GFCM are binding upon its members.

    Finally, as regards the Black Sea, this proposal fixes an autonomous quota for sprat in order not to increase the current level of fishing mortality. For turbot, the proposal transposes the TAC and quotas established by the GFCM.

    The ultimate objective is to bring and maintain stocks to levels that can deliver Maximum Sustainable Yield (MSY). This objective has been incorporated expressly in the CFP Basic Regulation, whose Article 2(2) states that this objective “shall be achieved by 2015 where possible, and […] by 2020 for all stocks”. This reflects the commitment undertaken by the Union regarding the conclusions of the 2002 World Summit on Sustainable Development in Johannesburg and its related Plan of Implementation. On the other hand, the provisions of the multiannual plan for demersal stocks in the western Mediterranean Sea are intended to achieve fishing mortality at Maximum Sustainable Yield (MSY) on a progressive, incremental basis by 2020 where possible, and by 1 January 2025 at the latest.

    Consistency with existing policy provisions in the policy area

    The measures proposed are designed in accordance with the objectives and the rules of the Common Fisheries Policy.

    Consistency with other Union policies

    The measures proposed are consistent with the Union’s policy on sustainable development.

    2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

    Legal basis

    The legal basis of this proposal is Article 43(3) of the Treaty on the Functioning of the European Union (TFEU).

    Subsidiarity (for non-exclusive competence)

    The proposal falls under the Union’s exclusive competence as referred to in Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply.

    Proportionality

    The proposal complies with the proportionality principle for the following reasons: the CFP is a common policy. According to Article 43(3) TFEU, it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities.

    The proposed Council Regulation allocates fishing opportunities to Member States. Having regard to Articles 16 and 17 of the CFP Basic Regulation, Member States are free to allocate such opportunities among vessels flying their flag as they see fit. Therefore, Member States have ample room for manoeuvre on decisions related to the social and economic models of their choice to exploit their allocated fishing opportunities.

    The proposal has no new financial implications for Member States.

    Choice of the instrument

    The proposed instrument is a Council Regulation.

    This is a proposal for fisheries management on the basis of Article 43(3) TFEU and in accordance with Article 16 of Regulation (EU) No 1380/2013.

    3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

    Ex-post evaluations/fitness checks of existing legislation

    Not applicable.

    Stakeholder consultations

    Interested parties were consulted via the Communication from the Commission to the European Parliament and the Council Towards more sustainable fishing in the EU: state of play and orientations for 2021.

    Collection and use of expertise

    The assessment of the state of stocks in the Mediterranean and the Black Seas is based on the most recent work by the Scientific, Technical and Economic Committee for Fisheries (STECF), the GFCM Scientific Advisory Committee on Fisheries (SAC) and the GFCM Working Group on the Black Sea (WGBS).

    Impact assessment

    The scope of the fishing opportunities regulation is circumscribed by Article 43(3) TFEU.

    The Commission’s proposal for the CFP Basic Regulation and for the multiannual plan for demersal fisheries in the western Mediterranean were duly developed on the basis of impact assessments. One of the main instruments of the CFP Basic Regulation to achieve the objectives set out in Article 2 of that Regulation is the setting of fishing opportunities. As regards the multiannual plan, it introduced a fishing effort regime to tackle the problem of overfishing in the western Mediterranean demersal fisheries.

    Regarding the fishing opportunities established by the GFCM both in the Mediterranean and in the Black Seas, this proposal essentially implements internationally agreed measures. Any elements relevant to assessing possible impacts of the fishing opportunities are dealt with in the preparation and conduct phase of international negotiations in the framework of which the Union’s fishing opportunities are agreed with third parties.

    The proposal reflects not only short-term concerns but also a longer-term approach whereby the level of fishing is gradually adapted to long-term sustainable levels.

    Regulatory fitness and simplification

    Not applicable.

    Fundamental rights

    Not applicable.

    4.BUDGETARY IMPLICATIONS

    The proposal has no budgetary implications.

    5.OTHER ELEMENTS

    Implementation plans and monitoring, evaluation and reporting arrangements

    This proposal will be implemented in accordance with the existing Common Fisheries Policy rules. Monitoring and compliance will be ensured according to the rules of Council Regulation (EC) No 1224/2009.

    Explanatory documents (for directives)

    Not applicable.

    Detailed explanation of the specific provisions of the proposal

    The proposal sets for 2021 the fishing opportunities for Member States for certain stocks or groups of stocks in the Mediterranean and the Black Seas. The fishing opportunities include in particular:

    1.fishing effort regime for trawl vessels exploiting demersal stocks in the western Mediterranean Sea. The multiannual plan for demersal fisheries in the western Mediterranean entered into force on 16 July 2019. Under the provisions of this plan, each year the Council is to set a maximum allowable fishing effort for each fishing effort group by Member State and for the stock groups defined in Annex I of the plan. For the first year of implementation of the plan, the maximum allowable fishing effort was reduced by 10% compared to the baseline (from 1 January 2015 to 31 December 2017), calculated by each Member State for each fishing effort group or geographical subarea; for the years 2 to 5 the plan sets a maximum reduction of 30%.

    [a robust paragraph on the best available scientific advise must be inserted here once available, as the exact percentage needs to correspond to the levels corresponding to the science]

    The reduction for 2021 should be pm%.

    2.measures adopted by the GFCM in 2018 and 2019 and applicable in the Mediterranean Sea. These measures include: catch limits and a closure period for European eel in the entire Mediterranean Sea (GSAs 1 to 27), catch and effort limits for small pelagic stocks in the Adriatic Sea (GSAs 17 and 18), limits to number of fishing vessels for giant red shrimp and blue and red shrimp in the Ionian Sea (GSAs 19 to 21) and in Levant Sea (GSAs 24 to 27). These measures were adopted at the 2018 GFCM annual session. In addition, the proposal includes measures adopted at the GFCM 2019 annual meeting: fishing effort limits for demersal stocks in the Adriatic Sea (GSAs 17 and 18), fishing harvest limits and limits to number of fishing authorisations for red coral in the entire Mediterranean Sea (GSAs 1 to 27), limits to number of fishing vessels for giant red shrimp and blue and red shrimp in the Strait of Sicily (GSAs 12 to 16), catch limits for blackspot seabream in the Alboran Sea (GSAs 1 to 3) and limits to number of fishing authorisations for the common dolphinfish in the entire Mediterranean Sea (GSAs 1 to 27).

    3.measures adopted by the GFCM and applicable in the Black Sea. These measures include: a) an autonomous quota for sprat, based on scientific advice; b) the total allowable catch (TAC) and quota allocation for turbot in the framework of the Multiannual management plan for turbot fisheries implementing the provisions of Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot fisheries in the Black Sea (geographical subarea 29).

    2020/0178 (NLE)

    Proposal for a

    COUNCIL REGULATION

    fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas

    THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

    Having regard to the proposal from the European Commission,

    Whereas:

    (1)Article 43(3) TFEU provides that the Council, on a proposal from the Commission, is to adopt measures on the fixing and allocation of fishing opportunities.

    (2)Regulation (EU) No 1380/2013 of the European Parliament and of the Council 1 requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries.

    (3)It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including, where appropriate, certain conditions functionally linked thereto. Article 16(4) of Regulation (EU) No 1380/2013 provides that fishing opportunities be fixed in accordance with the objectives of the Common Fisheries Policy (CFP) established in Article 2(2) of that Regulation. Article 16(1) of Regulation (EU) No 1380/2013 provides that fishing opportunities be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery.

    (4)Article 16(4) of Regulation (EU) No 1380/2013 provides that for stocks subject to specific multiannual plans, the fishing opportunities should be established in accordance with the rules laid down in those plans.

    (5)The Multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea was established by Regulation (EU) 2019/1022 of the European Parliament and of the Council 2 and entered into force on 16 July 2019. In accordance with Article 4(1) of that Regulation, fishing opportunities for stocks listed in Article 1 of that Regulation should be fixed to achieve fishing mortality at maximum sustainable yield on a progressive, incremental basis by 2020 where possible, and by 1 January 2025 at the latest. Fishing opportunities should be expressed as maximum allowable fishing effort and fixed in accordance with the fishing effort regime laid down in Article 7 of Regulation (EU) 2019/1022.

    (6)[a robust recital explaining the best available scientific advise must be inserted here once available, as the exact percentage needs to correspond to the levels corresponding to the science] For 2021, the maximum allowable fishing effort should therefore be reduced by pm% compared to the maximum allowable fishing effort set for 2020 by Council Regulation (EU) 2019/2236 3 .

    (7)At its 42nd annual meeting in 2018, the General Fisheries Commission for the Mediterranean (‘GFCM’) adopted Recommendation GFCM/42/2018/1 establishing management measures for European eel (Anguilla anguilla) in the Mediterranean Sea (GFCM geographical subareas 1 to 27). Those measures include catch limits and an annual closure period of three consecutive months to be defined by each Member State in accordance with the conservation objectives of Council Regulation (EC) No 1100/2007 4 , the national management plan(s) for eel and the temporal migration patterns of eel in the Member State. The closure shall apply to all marine waters of the Mediterranean Sea and to brackish waters such as estuaries, coastal lagoons and transitional waters, in accordance with the Recommendation. These measures should be implemented in Union law.

    (8)At its 42nd annual meeting in 2018, the GFCM also adopted Recommendation GFCM/42/2018/8 on further emergency measures in 2019-2021 for small pelagic stocks for the years 2019, 2020 and 2021 in the Adriatic Sea (GFCM geographical subareas 17 and 18). Those measures should be implemented in Union law. The maximum catch limits are fixed exclusively for one year and without prejudice to any other measures adopted in the future and any possible allocation scheme between Member States.

    (9)At its 42nd annual meeting in 2018, the GFCM adopted Recommendation GFCM/42/2018/3 on a multiannual management plan for sustainable trawl fisheries targeting giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Levant Sea (GFCM geographical subareas 24, 25, 26 and 27), which introduced a maximum number of fishing vessels. Those measures should be implemented in Union law.

    (10)At its 42nd annual meeting in 2018, the GFCM adopted Recommendation GFCM/42/2018/4 on a multiannual management plan for sustainable trawl fisheries targeting giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Ionian Sea (GFCM geographical subareas 19, 20 and 21), which introduced a maximum number of fishing vessels. Those measures should be implemented in Union law.

    (11)At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/6 on management measures for sustainable trawl fisheries targeting giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily (GFCM geographical subareas 12, 13, 14, 15 and 16), which introduced a maximum number of fishing vessels. Those measures should be implemented in Union law.

    (12)At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced a fishing effort regime for certain demersal stocks. Those measures should be implemented in Union law.

    (13)Taking into account the particularities of the Slovenian fleet and their marginal impact on the stocks of small pelagic and demersal stocks, it is appropriate to preserve the existing fishing patterns and to ensure access by the Slovenian fleet to a minimum quantity of small pelagic species and a minimum effort quota for demersal stocks.

    (14)At its 43rd annual meeting in 2019, the GFCM also adopted Recommendation GFCM/43/2019/4 on a management plan for the sustainable exploitation of red coral (Corallium rubrum) in the Mediterranean Sea (GFCM geographical subareas 1 to 27), which introduced a maximum number of fishing authorizations and harvest limits for red coral. Those measures should be implemented in Union law.

    (15)At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/2 on a management plan for the sustainable exploitation of blackspot seabream (Pagellus bogaraveo) in the Alboran Sea (GFCM geographical subareas 1 to 3), which introduced a catch and effort limit based on the average level authorized and exerted over the period 2010–2015. Those measures should be implemented in Union law.

    (16)At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/1 on a set of management measures for the use of anchored fish aggregating devices in common dolphinfish fisheries (Coryphaena hippurus) in the Mediterranean Sea (GFCM geographical subareas 1 to 27), which introduced a maximum number of fishing vessels targeting common dolphinfish. Those measures should be implemented in Union law.

    (17)At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot fisheries in the Black Sea (GFCM geographical subarea 29). That recommendation introduced an updated regional Total Allowable Catch (TAC) and a quota allocation scheme for turbot and further conservation measures for this stock, in particular a two months closure period and a limitation of fishing days to 180 days per year. Those measures should be implemented in Union law.

    (18)In accordance with the scientific advice provided by the GFCM, it is necessary to maintain the current level of fishing mortality to ensure the sustainability of the stock of sprat in the Black Sea. It is therefore appropriate to continue setting an autonomous quota for that stock.

    (19)The fishing opportunities should be established on the basis of the available scientific advice, taking into account biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders.

    (20)Council Regulation (EC) No 847/96 5 introduced additional conditions for year-to year management of TACs including, under Articles 3 and 4 of that Regulation, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when fixing the TACs, the Council is to decide to which stocks Article 3 or 4 of that Regulation is not to apply, in particular on the basis of the biological status of the stocks. More recently, the year-to-year flexibility mechanism was introduced by Article 15(9) of Regulation (EU) No 1380/2013 for all stocks that are subject to the landing obligation. Therefore, in order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of marine biological resources, hinder the achievement of the objectives of the CFP and deteriorate the biological status of the stocks, it should be established that Articles 3 and 4 of Regulation (EC) No 847/96 apply to analytical TACs only where the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used.

    (21)The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 6 , and in particular to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.

    (22)In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishermen, this Regulation should apply from 1 January 2021. For reasons of urgency, this Regulation should enter into force immediately after its publication.

    (23)Fishing opportunities should be used in full compliance with Union law,

    HAS ADOPTED THIS REGULATION:

    TITLE 1
    GENERAL PROVISIONS

    Article 1
    Subject matter

    This Regulation fixes for 2021 the fishing opportunities available 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), red coral (Corallium rubrun) and common dolphinfish (Coryphaena hippurus) 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), red mullet(Mullus barbatus) in the Adriatic Sea, as defined in Article 4(d);

    (e)giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily as defined in Article 4(e), in the Ionian Sea as defined in Article 4(f) and in the Levant Sea as defined in Article 4(g);

    (f)blackspot seabream (Pagellus bogaraveo) in the Alborean Sea, as defined in Article 4(h);

    (g)sprat (Sprattus sprattus) and turbot (Psetta maxima) in the Black Sea, as defined in Article 4(i).

    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:

    (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.

    (h)‘fish aggregating device’ or “FAD” means any anchored equipment floating on the sea surface with the objective of attracting fish”.

    Article 4
    Fishing zones

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

    (a)‘GFCM geographical subareas’ mean the areas defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council 7 ;

    (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)‘Strait of Sicily’ means the waters in GFCM geographical subareas 12, 13, 14, 15 and 16, as defined in Annex I to Regulation (EU) No 1343/2011;

    (f)‘Ionian Sea’ means the waters in GFCM geographical subareas 19, 20 and 21, as defined in Annex I to Regulation (EU) No 1343/2011;

    (g)‘'Levant Sea’ means the waters in GFCM geographical subareas 24, 25, 26 and 27, as defined in Annex I to Regulation (EU) No 1343/2011;

    (h)‘Alboran Sea’ means the waters in GFCM geographical subareas 1 to 3, as defined in Annex I to Regulation (EU) No 1343/2011;

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

    TITLE II
    FISHING OPPORTUNITIES

    CHAPTER I
    Mediterranean Sea

    Article 5
    European eel

    1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching European eel (Anguilla anguilla), namely targeted, incidental and recreational fisheries, in all marine waters of the Mediterranean Sea, including freshwaters and transitional brackish waters, such as lagoons and estuaries.

    2.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 period determined 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 2021.

    3.The level of catches of European eel stocks by Union fishing vessels in the Mediterranean Sea shall not exceed the levels set out in Annex I to this Regulation.

    Article 6
    Red coral

    1.This Article applies to all activities by Union fishing vessels and other Union fishing activities harvesting red coral (Corallium rubrum), namely targeted and recreational fisheries in the Mediterranean Sea.

    2.For targeted fisheries, the maximum number of fishing authorisations and the maximum quantities of red coral stocks harvested by Union fishing vessels and Union harvesting activities shall not exceed the levels set out in Annex II to this Regulation.

    3.It shall be prohibited for Union fishing vessels subject to the provisions of paragraph 2 of this Article to tranship red coral at sea.

    4.For recreational fisheries, Member States shall take the necessary measures to prohibit the catch and retention on board, transhipment or landing of red coral.

    Article 7
    Common dolphinfish

    1.This Article applies to all commercial activities by Union fishing vessels and other Union fishing activities using fish aggregating devices for catching common dolphinfish (Coryphaena hippurus), in the international waters of the Mediterranean Sea.

    2.The maximum number of vessels authorised to fish for common dolphinfish is set out in Annex III to this Regulation.

    CHAPTER II
    Western Mediterranean Sea

    Article 8
    Demersal stocks

    1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching demersal stocks referred to in Article 1(2) of Regulation (EU) 2019/1022, in the western Mediterranean Sea.

    2.The maximum allowable fishing effort is set out in Annex IV to this Regulation Member States shall manage the maximum allowable fishing effort in accordance with Article 9 of Regulation (EU) 2019/1022.

    Article 9
    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 IV to this Regulation.

    CHAPTER III
    Adriatic Sea

    Article 10
    Small pelagic stocks

    1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sardine (Sardina pilchardus) and anchovy (Engraulis encrasicolus) in the Adriatic Sea.

    2.The maximum level of catches shall not exceed the levels set out in Annex V to this Regulation.

    3.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 applies.

    4.The maximum number of fishing vessels authorised to fish small pelagics is set out in Annex V to this Regulation.

    Article 11
    Demersal stocks

    1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching 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.

    2.The maximum allowable fishing effort for demersal stocks within the scope of this Article is set out in Annex V to this Regulation.

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

    Article 12
    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 Annex II to this Regulation.

    CHAPTER IV
    Ionian Sea, Levant Sea and the Strait of Sicily

    Article 13

    1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus), in the Ionian Sea, Levant Sea and the Strait of Sicily.

    2.The maximum number of fishing vessels authorised to fish for demersal stocks is set out in Annex VI to this Regulation.

    CHAPTER V
    Alboran Sea

    Article 14

    1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching blackspot seabream (Pagellus bogaraveo) in the Alboran Sea.

    2.The maximum level of catches shall not exceed the levels set out in Annex VII to this Regulation.

    CHAPTER VI
    Black Sea

    Article 15
    Allocation of fishing opportunities for sprat

    1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sprat (Sprattus sprattus) in the Black Sea.

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

    Article 16
    Allocation of fishing opportunities for turbot

    1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching turbot (Psetta maxima) in the Black Sea.

    2.The TAC for turbot applicable in Union waters in the Black Sea and the allocation of such TAC among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII to this Regulation.

    Article 17
    Management of fishing effort for turbot

    Union fishing vessels authorised to fish for turbot within the scope of Article 16, irrespective of the vessels’ length overall, shall not exceed 180 fishing days per year.

    Article 18
    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 19

    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 15 and 16 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 20
    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.

    TITLE III
    FINAL PROVISIONS

    Article 21
    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 2021.

    This Regulation shall be binding in its entirety and directly applicable in all Member States.

    Done at Brussels,

       For the Council

       The President

    (1)    Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
    (2)    Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1).
    (3)    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 (OJ L 336, 30.12.2019, p. 14).
    (4)    Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel (OJ L 248, 22.9.2007, p. 17).
    (5)    Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3).
    (6)    Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
    (7)    Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 347, 30.12.2011, p.44).
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    Brussels, 17.8.2020

    COM(2020) 377 final

    ANNEXES

    to the Proposal for a

    COUNCIL REGULATION

    fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas


    ANNEX I

    FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE CONTEXT OF THE GFCM MULTIANNUAL MANAGEMENT PLAN FOR EUROPEAN EEL IN THE MEDITERRANEAN SEA

    The table in this Annex sets out the maximum level of catches for vessels fishing for European eel in the Mediterranean Sea.

    The reference 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

    Anguilla anguilla ELE European eel

    Maximum level of catches expressed in tonnes live weight.

    Species:

    European eel

    Zone:

    Union waters in the Mediterranean Sea - GSA 1-27

    Anguilla anguilla

    Griechenland

    pm

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

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

    Spanien

    pm

    Frankreich

    Kroatien

    Italien

    pm

    pm

    pm

    Union

    pm 

    TAC

    Not relevant /Not agreed

    ANNEX II 

    FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE CONTEXT OF THE GFCM MULTIANNUAL MANAGEMENT PLAN FOR RED CORAL IN THE MEDITERRANEAN SEA

    The tables in this Annex set out the maximum allowable number of fishing authorisations and catches of red coral in the Mediterranean Sea.

    The reference 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

    Corallium rubrum COL Red coral

    Table 1. Maximum allowable number of fishing authorisations

    Member States

    Red coral COL

    Griechenland

    Spanien

    Frankreich

    Kroatien

    Italien

    Pm

    Pm

    Pm

    Pm

    pm

    Table 2. Maximum level of harvested quantities expressed in tonnes live weight.

    Species:

    Red coral

    Zone:

    Union waters in the Mediterranean Sea - GSA 1-27

    Corallium rubrum

    Griechenland

    pm

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

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

    Spanien

    pm

    Frankreich

    pm

    Kroatien

    pm

    Italien

    pm

    Union

    pm

    TAC

    Not relevant /Not agreed

    ANNEX III

    FISHING EFFORT FOR UNION FISHING VESSELS IN THE CONTEXT OF THE MANAGEMENT OF COMMON DOLPHINFISH IN THE MEDITERRANEAN SEA

    The table in this Annex sets out the maximum number of authorised vessels fishing for common dolphinfish in the international waters of the Mediterranean Sea.

    The reference to fishing zones are references to the international waters of the Mediterranean Sea.

    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

    Coryphaena hippurus

    DOL

    Common dolphinfish

    Maximum allowable number of vessels operating in international waters

    Species

    Common dolphinfish

    Coryphaena hippurus

    Spanien

    Italien

    Malta

    Kroatien

    Italien

    Pm

    Pm

    Pm

    Pm

    pm

    ANNEX IV

    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) No 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) 1224/2009.

    The reference 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

    Spanien

    Frankreich

    Italien

    Fishing effort group code

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

    < 12 m

    pm

    pm

    pm

    EFF1/MED1_TR1

    ≥ 12 m and < 18 m

    pm

    pm

    pm

    EFF1/MED1_TR2

    ≥ 18 m and < 24 m

    pm

    pm

    pm

    EFF1/MED1_TR3

    ≥ 24 m

    pm

    pm

    pm

    EFF1/MED1_TR4

    Stock group

    Overall length of vessels

    Spanien

    Frankreich

    Italien

    Fishing effort group code

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

    < 12 m

    pm

    pm

    pm

    EFF2/MED1_TR1

    ≥ 12 m and < 18 m

    pm

    pm

    pm

    EFF2/MED1_TR2

    ≥ 18 m and < 24 m

    pm

    pm

    pm

    EFF2/MED1_TR3

    ≥ 24 m

    pm

    pm

    pm

    EFF2/MED1_TR4

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

    Stock group

    Overall length of vessels

    Spanien

    Frankreich

    Italien

    Fishing effort group code

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

    < 12 m

    pm

    pm

    pm

    EFF1/MED2_TR1

    ≥ 12 m and < 18 m

    pm

    pm

    pm

    EFF1/MED2_TR2

    ≥ 18 m and < 24 m

    pm

    pm

    pm

    EFF1/MED2_TR3

    ≥ 24 m

    pm

    pm

    pm

    EFF1/MED2_TR4

    Stock group

    Overall length of vessels

    Spanien

    Frankreich

    Italien

    Fishing effort group code

    Giant red shrimp in GSAs 9, 10 and 11.

    < 12 m

    pm

    pm

    pm

    EFF2/MED2_TR1

    ≥ 12 m and < 18 m

    pm

    pm

    pm

    EFF2/MED2_TR2

    ≥ 18 m and < 24 m

    pm

    pm

    pm

    EFF2/MED2_TR3

    ≥ 24 m

    pm

    pm

    pm

    EFF2/MED2_TR4

    ANNEX V

    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, as well as the maximum number of fishing vessels authorised to fish small pelagics.

    All fishing opportunities set out in this Annex shall be subject to the rules set out in Articles 26 to 35 of Regulation (EC) 1224/2009.

    The reference 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

    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)

    Union

    96 625

    (1) (2)

    Maximum level of catches

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

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

    TAC

    Not relevant

    (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.

    Maximum number of fishing vessels authorised to fish small pelagics.

    Species

    Sardine

    Sardina pilchardus

    Anchovy

    Engraulis encrasicolus

    Italien

    Kroatien

    Slowenien

    Pm

    Pm

    Pm

    Pm

    Pm

    pm

    2.Demersal stocks – GSAs 17 and 18

    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 2021

    Fishing effort group code

    Trawls (OTB)

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

    Italy,

    GSAs 17-18

    98898 

    EFF/MED3_OTB

    Croatia,

    GSAs 17-18

    38148 

    EFF/MED3_OTB

    Slovenia,

    GSA 17

     (*1)

    EFF/MED3_OTB

    Beam trawls (TBB)

    Common sole

    Italy,

    GSA 17

    7910 

    EFF/MED3_TBB

    (*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 VI

    FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE IONIAN SEA, LEVANT SEA AND THE STRAIT OF SICILY

    The tables in this Annex set out the maximum number of authorised vessels fishing for demersal stocks in the Ionian Sea, Levant Sea and the Strait of Sicily.

    The reference 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

    (a) Maximum number of authorised vessels in the Ionian Sea (GSAs 19-20-21)

    Species

    Giant red shrimp in Union waters in GSAs 19, 20 and 21

    Blue and red shrimp in Union waters in GSAs 19, 20 and 21

    MS

    pm

    pm

    pm

    pm

    pm

    pm

    pm

    pm

    (b) Maximum number of authorised vessels in Levant Sea (GSAs 24-25-26-27)

    Species

    Giant red shrimp in Union waters in GSAs 24-25-26-27

    Blue and red shrimp in Union waters in GSAs 24-25-26-27

    MS

    pm

    pm

    pm

    pm

    pm

    pm

    pm

    pm

    (c) Maximum number of authorised vessels in Strait of Sicily (GSAs 12-13-14-15-16)

    Species

    Giant red shrimp in Union waters in GSAs 12-13-14-15-16

    Blue and red shrimp in Union waters in GSAs 12-13-14-15-16

    MS

    pm

    pm

    pm

    pm

    pm

    pm

    ANNEX VII


    FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE ALBORAN SEA

    Maximum level of catches expressed in tonnes live weight.

    Species:

    Blackspotseabream

    Zone:

    Union waters in the Alborean Sea - GSA 1-3

    Pagellus bogaraveo

    Spanien

    pm

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

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

    Union

    pm

    TAC

    Not relevant /Not agreed

    ANNEX VIII

    FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE BLACK SEA

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

    All fishing opportunities set out in this Annex shall be subject to the rules set out in Articles 26 to 35 of Regulation (EC) 1224/2009.

    The reference 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

    Zone:

    Union waters in the Black Sea - GSA 29

    Sprattus sprattus

    (SPR/F3742C)

    Bulgarien

    8 032,50

    Analytical quota

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

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

    Rumänien

    3 442,50

    Union

    11 475

    TAC

    Not relevant /Not agreed



    Species:

    Turbot

    Zone:

    Union waters in the Black Sea – GSA 29

    Psetta maxima

    (TUR/F3742C)

    Bulgarien

    75

    Analytical TAC

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

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

    Rumänien

    75

    Union

    150

    (*)

    TAC

    857

    _________

    (*)    No fishing activity, including transhipment, retaining on board, landing and first sale shall be permitted from 15 April to 15 June 2021.

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