Pending: 32022R0114

28.1.2022 EN Official Journal of the European Union L 19/11
(1) On 24 March 2017, Sumitomo Chemical Agro Europe SAS submitted to the European Chemicals Agency (‘the Agency’) an application in accordance with Article 43(1) of Regulation (EU) No 528/2012 and Article 4 of Commission Implementing Regulation (EU) No 414/2013(2)for authorisation of the same single biocidal product, as referred to in Article 1 of Implementing Regulation (EU) No 414/2013, named ‘SchwabEX-Guard’, of product-type 18, as described in Annex V to Regulation (EU) No 528/2012. The application was recorded under case number BC-PP031247-26 in the Register for Biocidal Products (‘the Register’). The application also indicated the application number of the related reference single product ‘Pesguard® Gel’, recorded in the Register under case number BC-HS027052-37.
(2) The same single biocidal product ‘SchwabEX-Guard’ contains pyriproxyfen and clothianidin, as the active substances, which are included in the Union list of approved active substances referred to in Article 9(2) of Regulation (EU) No 528/2012.
(3) On 17 December 2020, the Agency submitted to the Commission an opinion(3)and the draft summary of the biocidal product characteristics (‘SPC’) of ‘SchwabEX-Guard’ in accordance with Article 6(1) and (2) of Implementing Regulation (EU) No 414/2013.
(4) The opinion concludes that ‘SchwabEX-Guard’ is a biocidal product, that it is eligible for Union authorisation in accordance with Article 42(1) of Regulation (EU) No 528/2012, that the proposed differences between the same single biocidal product and the related reference biocidal product are limited to information which can be the subject of an administrative change in accordance with Commission Implementing Regulation (EU) No 354/2013(4), and that based on the assessment of the related reference ‘Pesguard® Gel’ single product and subject to compliance with the draft SPC, the same single biocidal product meets the conditions laid down in Article 19(1) of Regulation (EU) No 528/2012.
(5) On 17 December 2020, the Agency transmitted to the Commission the draft SPC in all the official languages of the Union in accordance with Article 44(4) of Regulation (EU) No 528/2012.
(6) The Commission concurs with the opinion of the Agency and considers it therefore appropriate to grant a Union authorisation for the same single biocidal product ‘SchwabEX-Guard’.
(7) The same single biocidal product ‘SchwabEX-Guard’ contains the non-active substances cis CTAC and dichloromethane, for which it was not possible to conclude whether they meet the scientific criteria for the determination of endocrine-disrupting properties set out in Commission Delegated Regulation (EU) 2017/2100(5)within the period for the evaluation of the application for the related reference single biocidal product. Further examination of cis CTAC and dichloromethane should therefore take place. If it is concluded that either cis CTAC or dichloromethane or both are considered as having endocrine-disrupting properties, the Commission will consider whether to cancel or amend the Union authorisation for ‘SchwabEX-Guard’ in accordance with Article 48 of Regulation (EU) No 528/2012.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,
Trade name(s) SchwabEX-Guard
Name and address of the authorisation holder Name Sumitomo Chemical Agro Europe SAS
Address Parc d’ Affaires de Crécy 10A, rue de la Voie Lactée, 69370, Saint Didier au Mont d’Or, France
Authorisation number EU-0025436-0000
R4BP asset number EU-0025436-0000
Date of the authorisation 17 February 2022
Expiry date of the authorisation 30 June 2026
Name of manufacturer McLaughlin Gormley King Company (MGK)
Address of manufacturer 8810 10th Avenue North, MN 55427 Minneapolis United States
Location of manufacturing sites McLaughlin Gormley King Company, 4001 Peavey Road, MN 55318 Chaska United States
Active substance (E)-1-(2-Chloro-1,3-thiazol-5-ylmethyl)-3- methyl-2-nitroguanidine (Clothianidin)
Name of manufacturer Sumitomo Chemical Co. Ltd
Address of manufacturer 27-1, Shinkawa 2-chome, Chuo-ku, 104-8260 Tokyo Japan
Location of manufacturing sites Sumitomo Chemical Company LTD, Oita Works, 2200, Tsurusaki, Oita City„ 870-0106 Oita Japan
Active substance pyriproxyfen
Name of manufacturer Sumitomo Chemical Co. Ltd
Address of manufacturer 27-1, Shinkawa 2-chome, Chuo-ku, 104-8260 Tokyo Japan
Location of manufacturing sites Sumitomo Chemical Company LTD, Misawa Works, Aza-Sabishirotaira, Oaza-Misawa, Misawa„ 033-0022 Aomori Japan
Common name IUPAC name Function CAS number EC number Content (%)
(E)-1-(2-Chloro-1,3-thiazol-5-ylmethyl)-3- methyl-2-nitroguanidine (Clothianidin) Active Substance 210880-92-5 433-460-1 0,526
Pyriproxyfen 4-phenoxyphenyl (RS)-2-(2- pyridyloxy)propyl ether Active Substance 95737-68-1 429-800-1 0,515
Acetic acid Ethanoic acid Non-active substance 64-19-7 200-580-7 0,3
Potassium sorbate potassium (E,E)-hexa-2,4-dienoate Non-active substance 24634-61-5 246-376-1 0,5
Hazard statements May cause an allergic skin reaction.Very toxic to aquatic life with long lasting effects.
Precautionary statements IF ON SKIN: Wash with plenty of water.If skin irritation or rash occurs: Get medical advice.Wear protective gloves.Avoid release to the environment.Dispose of container in accordance with local regulations.Collect spillage.
Product type PT18 – Insecticides, acaricides and products to control other arthropods (Pest control)
Where relevant, an exact description of the authorised use Insecticide
Target organism(s) (including development stage) Scientific name: Blattella germanicaCommon name: German cockroachDevelopment stage: NymphsScientific name: Blattella germanicaCommon name: German cockroachDevelopment stage: AdultsScientific name: Supella longipalpaCommon name: Brown-banded cockroachDevelopment stage: NymphsScientific name: Supella longipalpaCommon name: Brown-banded cockroachDevelopment stage: AdultsScientific name: Blatta orientalisCommon name: Oriental CockroachDevelopment stage: NymphsScientific name: Blatta orientalisCommon name: Oriental CockroachDevelopment stage: AdultsScientific name: Periplaneta americanaCommon name: American CockroachDevelopment stage: NymphsScientific name: Periplaneta americanaCommon name: American CockroachDevelopment stage: Adults
Field(s) of use IndoorIn cracks and crevices, or in concealed locations inaccessible to humans or domestic animals: behind refrigerators cupboards and shelves, under kitchen appliances, in electrical control boxes, voids and ducting and under bathroom fixtures etc.
Application method(s) Method: Bait applicationDetailed description:A ready to use (RTU) insecticidal gel bait for the control of cockroaches in public hygiene
Application rate(s) and frequency Application Rate: SchwabEX-Guard should be applied as a number of spots of approximately 4 mm diameter (each spot comprising approximately 0,032 g of bait).In cases of severe infestation, where larger cockroach species are present (B. orientalis or P. americana), in areas that are particularly dirty or cluttered or where alternative sources of food cannot be entirely eliminated the higher application rate (e.g. 2 instead of 1 spot per m2in case of a light infestation) should be used.Dilution (%): 0Number and timing of application:—Light infestation 1 – 2 (0,032 – 0,064 g) spots per m2—Medium infestation 3 – 6 (0,096 – 0,192 g) spots per m2—Heavy infestation 6 – 10 (0,192 – 0,320 g) spots per m2The maximum number of annual applications is 11. — Light infestation 1 – 2 (0,032 – 0,064 g) spots per m2 — Medium infestation 3 – 6 (0,096 – 0,192 g) spots per m2 — Heavy infestation 6 – 10 (0,192 – 0,320 g) spots per m2
— Light infestation 1 – 2 (0,032 – 0,064 g) spots per m2
— Medium infestation 3 – 6 (0,096 – 0,192 g) spots per m2
— Heavy infestation 6 – 10 (0,192 – 0,320 g) spots per m2
Category(ies) of users Professional
Pack sizes and packaging material 30 g Polypropylene (PP) syringeScrew top cap High Density Poly Ethylene (HDPE)
— Light infestation 1 – 2 (0,032 – 0,064 g) spots per m2
— Medium infestation 3 – 6 (0,096 – 0,192 g) spots per m2
— Heavy infestation 6 – 10 (0,192 – 0,320 g) spots per m2
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products(1), and in particular Article 44(5), first subparagraph, thereof,
(1) On 24 March 2017, Sumitomo Chemical Agro Europe SAS submitted to the European Chemicals Agency (‘the Agency’) an application in accordance with Article 43(1) of Regulation (EU) No 528/2012 and Article 4 of Commission Implementing Regulation (EU) No 414/2013(2)for authorisation of the same single biocidal product, as referred to in Article 1 of Implementing Regulation (EU) No 414/2013, named ‘SchwabEX-Guard’, of product-type 18, as described in Annex V to Regulation (EU) No 528/2012. The application was recorded under case number BC-PP031247-26 in the Register for Biocidal Products (‘the Register’). The application also indicated the application number of the related reference single product ‘Pesguard® Gel’, recorded in the Register under case number BC-HS027052-37.
(2) The same single biocidal product ‘SchwabEX-Guard’ contains pyriproxyfen and clothianidin, as the active substances, which are included in the Union list of approved active substances referred to in Article 9(2) of Regulation (EU) No 528/2012.
(3) On 17 December 2020, the Agency submitted to the Commission an opinion(3)and the draft summary of the biocidal product characteristics (‘SPC’) of ‘SchwabEX-Guard’ in accordance with Article 6(1) and (2) of Implementing Regulation (EU) No 414/2013.
(4) The opinion concludes that ‘SchwabEX-Guard’ is a biocidal product, that it is eligible for Union authorisation in accordance with Article 42(1) of Regulation (EU) No 528/2012, that the proposed differences between the same single biocidal product and the related reference biocidal product are limited to information which can be the subject of an administrative change in accordance with Commission Implementing Regulation (EU) No 354/2013(4), and that based on the assessment of the related reference ‘Pesguard® Gel’ single product and subject to compliance with the draft SPC, the same single biocidal product meets the conditions laid down in Article 19(1) of Regulation (EU) No 528/2012.
(5) On 17 December 2020, the Agency transmitted to the Commission the draft SPC in all the official languages of the Union in accordance with Article 44(4) of Regulation (EU) No 528/2012.
(6) The Commission concurs with the opinion of the Agency and considers it therefore appropriate to grant a Union authorisation for the same single biocidal product ‘SchwabEX-Guard’.
(7) The same single biocidal product ‘SchwabEX-Guard’ contains the non-active substances cis CTAC and dichloromethane, for which it was not possible to conclude whether they meet the scientific criteria for the determination of endocrine-disrupting properties set out in Commission Delegated Regulation (EU) 2017/2100(5)within the period for the evaluation of the application for the related reference single biocidal product. Further examination of cis CTAC and dichloromethane should therefore take place. If it is concluded that either cis CTAC or dichloromethane or both are considered as having endocrine-disrupting properties, the Commission will consider whether to cancel or amend the Union authorisation for ‘SchwabEX-Guard’ in accordance with Article 48 of Regulation (EU) No 528/2012.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,
HAS ADOPTED THIS REGULATION:

Article 1
A Union authorisation with authorisation number EU-0025436-0000 is granted to Sumitomo Chemical Agro Europe SAS for the making available on the market and use of the same single biocidal product ‘SchwabEX-Guard’ in accordance with the summary of the biocidal product characteristics set out in the Annex.
The Union authorisation is valid from 17 February 2022 until 30 June 2026.

Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products(1), and in particular Article 44(5), first subparagraph, thereof,
(1) On 24 March 2017, Sumitomo Chemical Agro Europe SAS submitted to the European Chemicals Agency (‘the Agency’) an application in accordance with Article 43(1) of Regulation (EU) No 528/2012 and Article 4 of Commission Implementing Regulation (EU) No 414/2013(2)for authorisation of the same single biocidal product, as referred to in Article 1 of Implementing Regulation (EU) No 414/2013, named ‘SchwabEX-Guard’, of product-type 18, as described in Annex V to Regulation (EU) No 528/2012. The application was recorded under case number BC-PP031247-26 in the Register for Biocidal Products (‘the Register’). The application also indicated the application number of the related reference single product ‘Pesguard® Gel’, recorded in the Register under case number BC-HS027052-37.
(2) The same single biocidal product ‘SchwabEX-Guard’ contains pyriproxyfen and clothianidin, as the active substances, which are included in the Union list of approved active substances referred to in Article 9(2) of Regulation (EU) No 528/2012.
(3) On 17 December 2020, the Agency submitted to the Commission an opinion(3)and the draft summary of the biocidal product characteristics (‘SPC’) of ‘SchwabEX-Guard’ in accordance with Article 6(1) and (2) of Implementing Regulation (EU) No 414/2013.
(4) The opinion concludes that ‘SchwabEX-Guard’ is a biocidal product, that it is eligible for Union authorisation in accordance with Article 42(1) of Regulation (EU) No 528/2012, that the proposed differences between the same single biocidal product and the related reference biocidal product are limited to information which can be the subject of an administrative change in accordance with Commission Implementing Regulation (EU) No 354/2013(4), and that based on the assessment of the related reference ‘Pesguard® Gel’ single product and subject to compliance with the draft SPC, the same single biocidal product meets the conditions laid down in Article 19(1) of Regulation (EU) No 528/2012.
(5) On 17 December 2020, the Agency transmitted to the Commission the draft SPC in all the official languages of the Union in accordance with Article 44(4) of Regulation (EU) No 528/2012.
(6) The Commission concurs with the opinion of the Agency and considers it therefore appropriate to grant a Union authorisation for the same single biocidal product ‘SchwabEX-Guard’.
(7) The same single biocidal product ‘SchwabEX-Guard’ contains the non-active substances cis CTAC and dichloromethane, for which it was not possible to conclude whether they meet the scientific criteria for the determination of endocrine-disrupting properties set out in Commission Delegated Regulation (EU) 2017/2100(5)within the period for the evaluation of the application for the related reference single biocidal product. Further examination of cis CTAC and dichloromethane should therefore take place. If it is concluded that either cis CTAC or dichloromethane or both are considered as having endocrine-disrupting properties, the Commission will consider whether to cancel or amend the Union authorisation for ‘SchwabEX-Guard’ in accordance with Article 48 of Regulation (EU) No 528/2012.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,
HAS ADOPTED THIS REGULATION:
A Union authorisation with authorisation number EU-0025436-0000 is granted to Sumitomo Chemical Agro Europe SAS for the making available on the market and use of the same single biocidal product ‘SchwabEX-Guard’ in accordance with the summary of the biocidal product characteristics set out in the Annex.
The Union authorisation is valid from 17 February 2022 until 30 June 2026.
This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.

Summary of product characteristics for a biocidal product

ANNEXSchwabEX-GuardProduct type 18 – Insecticides, acaricides and products to control other arthropods (Pest control)Authorisation number: EU-0025436-0000R4BP asset number: EU-0025436-00001. ADMINISTRATIVE INFORMATION
1.1. Trade name(s) of the product

Trade name(s) | SchwabEX-Guard1.2. Authorisation holder

Name and address of the authorisation holder | Name | Sumitomo Chemical Agro Europe SAS
Address | Parc d’ Affaires de Crécy 10A, rue de la Voie Lactée, 69370, Saint Didier au Mont d’Or, France
Authorisation number | EU-0025436-0000
R4BP asset number | EU-0025436-0000
Date of the authorisation | 17 February 2022
Expiry date of the authorisation | 30 June 20261.3. Manufacturer(s) of the product

Name of manufacturer | McLaughlin Gormley King Company (MGK)
Address of manufacturer | 8810 10th Avenue North, MN 55427 Minneapolis United States
Location of manufacturing sites | McLaughlin Gormley King Company, 4001 Peavey Road, MN 55318 Chaska United States1.4. Manufacturer(s) of the active substance(s)
Active substance | (E)-1-(2-Chloro-1,3-thiazol-5-ylmethyl)-3- methyl-2-nitroguanidine (Clothianidin)
Name of manufacturer | Sumitomo Chemical Co. Ltd
Address of manufacturer | 27-1, Shinkawa 2-chome, Chuo-ku, 104-8260 Tokyo Japan
Location of manufacturing sites | Sumitomo Chemical Company LTD, Oita Works, 2200, Tsurusaki, Oita City„ 870-0106 Oita Japan

Active substance | pyriproxyfen
Name of manufacturer | Sumitomo Chemical Co. Ltd
Address of manufacturer | 27-1, Shinkawa 2-chome, Chuo-ku, 104-8260 Tokyo Japan
Location of manufacturing sites | Sumitomo Chemical Company LTD, Misawa Works, Aza-Sabishirotaira, Oaza-Misawa, Misawa„ 033-0022 Aomori Japan2. PRODUCT COMPOSITION AND FORMULATION
2.1. Qualitative and quantitative information on the composition of the product

Common name | IUPAC name | Function | CAS number | EC number | Content (%)
(E)-1-(2-Chloro-1,3-thiazol-5-ylmethyl)-3- methyl-2-nitroguanidine (Clothianidin) | | Active Substance | 210880-92-5 | 433-460-1 | 0,526
Pyriproxyfen | 4-phenoxyphenyl (RS)-2-(2- pyridyloxy)propyl ether | Active Substance | 95737-68-1 | 429-800-1 | 0,515
Acetic acid | Ethanoic acid | Non-active substance | 64-19-7 | 200-580-7 | 0,3
Potassium sorbate | potassium (E,E)-hexa-2,4-dienoate | Non-active substance | 24634-61-5 | 246-376-1 | 0,52.2. Type of formulation
RB – Bait (ready for use)
3. HAZARD AND PRECAUTIONARY STATEMENTS

Hazard statements | May cause an allergic skin reaction.Very toxic to aquatic life with long lasting effects.
Precautionary statements | IF ON SKIN: Wash with plenty of water.If skin irritation or rash occurs: Get medical advice.Wear protective gloves.Avoid release to the environment.Dispose of container in accordance with local regulations.Collect spillage.4. AUTHORISED USE(S)
4.1. Use description

Table 1

Use # 1 – Professional Use – RTU Bait

Product type | PT18 – Insecticides, acaricides and products to control other arthropods (Pest control)
Where relevant, an exact description of the authorised use | Insecticide
Target organism(s) (including development stage) | Scientific name: Blattella germanicaCommon name: German cockroachDevelopment stage: NymphsScientific name: Blattella germanicaCommon name: German cockroachDevelopment stage: AdultsScientific name: Supella longipalpaCommon name: Brown-banded cockroachDevelopment stage: NymphsScientific name: Supella longipalpaCommon name: Brown-banded cockroachDevelopment stage: AdultsScientific name: Blatta orientalisCommon name: Oriental CockroachDevelopment stage: NymphsScientific name: Blatta orientalisCommon name: Oriental CockroachDevelopment stage: AdultsScientific name: Periplaneta americanaCommon name: American CockroachDevelopment stage: NymphsScientific name: Periplaneta americanaCommon name: American CockroachDevelopment stage: Adults
Field(s) of use | IndoorIn cracks and crevices, or in concealed locations inaccessible to humans or domestic animals: behind refrigerators cupboards and shelves, under kitchen appliances, in electrical control boxes, voids and ducting and under bathroom fixtures etc.
Application method(s) | Method: Bait applicationDetailed description:A ready to use (RTU) insecticidal gel bait for the control of cockroaches in public hygiene
Application rate(s) and frequency | Application Rate: SchwabEX-Guard should be applied as a number of spots of approximately 4 mm diameter (each spot comprising approximately 0,032 g of bait).In cases of severe infestation, where larger cockroach species are present (B. orientalis or P. americana), in areas that are particularly dirty or cluttered or where alternative sources of food cannot be entirely eliminated the higher application rate (e.g. 2 instead of 1 spot per m2in case of a light infestation) should be used.Dilution (%): 0Number and timing of application:—Light infestation 1 – 2 (0,032 – 0,064 g) spots per m2—Medium infestation 3 – 6 (0,096 – 0,192 g) spots per m2—Heavy infestation 6 – 10 (0,192 – 0,320 g) spots per m2The maximum number of annual applications is 11. | — | Light infestation 1 – 2 (0,032 – 0,064 g) spots per m2 | — | Medium infestation 3 – 6 (0,096 – 0,192 g) spots per m2 | — | Heavy infestation 6 – 10 (0,192 – 0,320 g) spots per m2
— | Light infestation 1 – 2 (0,032 – 0,064 g) spots per m2
— | Medium infestation 3 – 6 (0,096 – 0,192 g) spots per m2
— | Heavy infestation 6 – 10 (0,192 – 0,320 g) spots per m2
Category(ies) of users | Professional
Pack sizes and packaging material | 30 g Polypropylene (PP) syringeScrew top cap High Density Poly Ethylene (HDPE)4.1.1. Use-specific instructions for use
See the general directions for use
4.1.2. Use-specific risk mitigation measures
See the general directions for use
4.1.3. Where specific to the use, the particulars of likely direct or indirect effects, first aid instructions and emergency measures to protect the environment
See the general directions for use
4.1.4. Where specific to the use, the instructions for safe disposal of the product and its packaging
See the general directions for use
4.1.5. Where specific to the use, the conditions of storage and shelf-life of the product under normal conditions of storage
See the general directions for use
5. GENERAL DIRECTIONS FOR USE (1) 5.1. Instructions for use
Always read the label or leaflet before use and respect/follow all the instructions provided.
Do not expose bait drops to sunlight or heat (e.g. radiator).
The pre-filled plastic reservoir containing SchwabEX-Guard is intended for use with the plunger provided or a specific bait application device common to the pest control industry. Refer to the manufacturer’s instructions for directions on the use of the applicator.
Inject the bait into cracks and crevices, void spaces, or in concealed locations inaccessible to humans or domestic animals where insects may live, feed and breed. Such areas are generally warm/damp and dark (behind refrigerators, cupboards and shelves, under kitchen appliances, in electrical control boxes, voids and ducting and under bathroom fixtures etc.). Inspection or trapping to confirm infestation is recommended prior to treatment. Ensure that any alternative food sources are removed and concentrate the bait placements as individual spots at cockroach activity sites. The product should only be applied to areas inaccessible to children and pets.
Do not apply SchwabEX-Guard where it will come into contact with water or in areas that are routinely cleaned. Typically cockroaches will die a few hours after a single feed on SchwabEX-Guard. In infested premises, dead cockroaches will normally be seen within 24 hours of treatment.
Remove the cap from the nozzle, touch the top to the surface to be treated, and push down on the plunger. Replace the cap on the dispenser after treatment is completed.
The bait will adhere to non-greasy or non-dusty surfaces and will remain pliable and palatable to cockroaches as long as it is visibly present.
Treated area’s should be visually inspected after 1–2 weeks. Where initial infestation was heavy a second SchwabEX-Guard application may be required if the first treatment has been consumed and live cockroaches are still present.
A second visual inspection of bait placements is recommended 2-4 weeks after the initial treatment. Reapply when bait is no longer visibly present, according to the level of infestation (light, medium or heavy). Replace bait before it is completely consumed to keep cockroaches from returning.
Inform the registration holder if the treatment is ineffective.
Spills and residues containing the product need to be removed as chemical waste.
Care should be taken to avoid depositing gel onto exposed surfaces. If gel contacts an exposed surface, remove gel with a paper towel and clean the area with disposable wet wipes.
During follow-up visits, inspect bait placements and re-apply when necessary.
Do not place bait in locations that are routinely washed, as bait will be removed by washing. Do not use this product in or on electrical equipment where a possibility of shock hazard exists. Avoid contact with textiles and clothing, as bait may stain.
5.2. Risk mitigation measures
Wear protective chemical resistant gloves during product handling phase (glove material to be specified by the authorisation holder within the product information).
Do not apply bait in area’s where repellent insecticides have been used without thoroughly cleaning the surface with disposable wet tissue. Do not apply repellent insecticides after application of the bait.
Do not apply directly on or near food, feed or drinks, or on surfaces or utensils likely to be in direct contact with food, feed, drinks and animals.
Spills and residues containing the product must be removed as chemical waste.
Avoid placing gel on fabrics or carpets since it may stain some absorbent materials. To prevent staining, exposed bait should be cleaned up immediately with disposable wet wipes.
Cleaning materials must be disposed of as solid waste.
5.3. Particulars of likely direct or indirect effects, first aid instructions and emergency measures to protect the environment
This biocidal product contains clothianidin, which is dangerous to bees
Description of first aid measures
Skin contact: Remove contaminated clothing immediately and wash skin with soap and water. Get medical attention if irritation persists after washing.
Eye contact: If symptoms occur; rinse with water. Remove contact lenses, if present and easy to do. Call a POISON CENTRE or a doctor.
Ingestion: If swallowed: If symptons occur call a POISON CENTRE or a doctor.
If inhaled: not applicable.
Most important symptoms and effects, both acute and delayed
Eyes: May cause temporary eye irritation.
Emergency measures to protect the environment
Avoid release of the product to the environment.
5.4. Instructions for safe disposal of the product and its packaging
Only pass on empty containers/packaging for recycling.
Disposal of this packaging should at all times comply with the waste disposal legislation and any regional local authority requirements.
5.5. Conditions of storage and shelf-life of the product under normal conditions of storage
Protect from frost. Store away from direct sunlight.
Shelf life: 2 years.
6. OTHER INFORMATION

(1) Instructions for use, risk mitigation measures and other directions for use under this section are valid for any authorised uses.

Pending: 32021R2066

26.11.2021 EN Official Journal of the European Union L 421/17
(1) Regulation (EU) 2019/1022 establishes a multiannual plan concerning demersal fisheries in the western Mediterranean Sea. Article 14 of that Regulation empowers the Commission to adopt delegated acts in order to supplement that Regulation by specifying details of the landing obligation for all stocks of species in the western Mediterranean Sea to which the landing obligation applies and for incidental catches of pelagic species in fisheries exploiting the stocks in accordance with that provision.
(2) Commission Delegated Regulation (EU) 2017/86(2)established a discard plan for certain demersal fisheries in the Mediterranean Sea applicable from 1 January 2017 until 31 December 2019, following three joint recommendations submitted to the Commission in 2016 by a number of Member States having a direct management interest in the fisheries in the Mediterranean Sea (Greece, Spain, France, Croatia, Italy, Cyprus, Malta and Slovenia). Those three joint recommendations concerned respectively the western Mediterranean Sea, the Adriatic Sea and the south-eastern Mediterranean Sea.
(3) On 7 May 2021, Spain, France and Italy (‘Pescamed High-Level Group’), submitted to the Commission a joint recommendation proposing the extension of certain exemptions of the landing obligation for demersal fisheries in the western Mediterranean after consultations within Mediterranean Advisory Council (‘MEDAC’).
(4) This joint recommendation was assessed by the Scientific, Technical and Economic Committee for Fisheries (‘STECF’) between 17 and 21 May 2021(3).
(5) On 21 July 2021, the Pescamed High-Level Group submitted an updated joint recommendation that was aligned with STECF’s assessment.
(6) Under Article 18 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council(4), the Commission has considered the joint recommendation in light of the STECF’s assessment to ensure that it is compatible with the relevant conservation measures, including the landing obligation.
(7) The Commission notes that in the western Mediterranean Sea, species are caught at the same time, at highly varying quantities, making a single stock approach challenging. Those species are furthermore caught by small-scale fishing vessels and landed in many different landing points spread out geographically along the coast, that results in disproportionate costs of handling unwanted catches.
(8) The updated joint recommendation proposes extending the survivability exemption, as provided for in Article 15(4), point (b) of Regulation (EU) No 1380/2013, established for mollusc bivalves, namely scallop (Pecten jacobeus), carpet clams (Venerupis spp.) and Venus shells (Venus spp.)caught with mechanised dredges (HMD) for 2022. The STECF reminded Member States of two existing studies to be completed for further assessment of the survival rates of scallop, carpet clams and Venus shells. As the evidence on the survival rates of these species is not conclusive, the Commission considers that the survivability exemption should be included in this Regulation for one year pending the submission of the relevant survivability data. The Member States concerned should submit, by 1 May 2022, the relevant survivability data for those three species to the Commission to allow STECF to fully assess the justifications for the exemption and the Commission to carry out a review.
(9) The updated joint recommendation proposes extending the survivability exemption established for Norway lobster (Nephrops norvegicus) caught with bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX) for 2022, 2023 and 2024. The STECF considered there is scientific evidence demonstrating very low survival for that species in the western Mediterranean and other regions, during the months of July and August. As high survival rates occur during the rest of the year and taking into account the characteristics of the gear, of the fishing practices and of the ecosystem, the Commission considers that the survivability exemption should therefore be extended for three years, except for the months of July and August each year.
(10) The updated joint recommendation proposes extending the survivability exemption for Norway lobster (Nephrops norvegicus) caught with pots and traps (FPO, FIX) for 2022, 2023 and 2024. The STECF considered that specific information to support this exemption was limited. However, given that this fishery is quite selective, the Commission considers that the exemption should be extended for three years.
(11) The updated joint recommendation proposes extending the survivability exemption for red seabream (Pagellus bogaraveo) caught with hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX) for 2022 and 2023. The STECF considered that evidence to support this exemption had been provided, but additional scientific studies should be performed to directly observe discard survival. The Commission considers that the exemption should be extended for two years.
(12) The updated joint recommendation proposes extending the survivability exemption for lobster (Homarus gammarus) and crawfish (Palinuridae) caught with nets (GNS, GN, GND, GNC, GTN, GTR, GEN) and pots and traps (FPO, FIX) for 2022 and 2023. The STECF considered that evidence supporting that the impact of the survivability of the exemption is likely to be low had been provided, but additional scientific studies should be performed to directly observe discard survival rates. The Commission considers that the exemption should be extended for two years.
(13) The joint recommendation provided updated scientific evidence on disproportionate costs of handling unwanted catches. Although STECF noted, that estimates of the increase in costs are provided, it stressed the difficulties to judge at which level costs are disproportionate. The STECF noted that the information provided on disproportionate costs could be further completed and that an evaluation of the impacts of the exemption should be undertaken. The STECF further noted that reducing the level of unwanted catches through the use of selective gears or marine protected areas should be prioritised. The Commission welcomes the commitment taken by the Pescamed High-Level Group to further work on selectivity and fisheries spatial restrictions as a priority to achieve the reduction of unwanted catches. The STECF noted that the combinedde minimisapproach covers a broad group of species with a wide range of discard rates but considered such broad coverage a valid approach given the complexity of the fisheries in the western Mediterranean Sea. Furthermore, the STECF considered that individualde minimisexemptions covering a single species would likely result in many separate exemptions that would be equally challenging to monitor. The Commission considers that the exemption should be extended with the proposed percentage levels.
(14) Member States renewed their commitment in their joint recommendation to increase the selectivity of the fishing gears in accordance with the results of current research programmes in order to reduce and limit unwanted catches and particularly catches below minimum conservation reference sizes.
(15) Furthermore, Member States also committed in their joint recommendation to identify further closure areas in order to reduce juvenile mortality, where there is evidence of a high concentration of juvenile fish. The measures suggested by the updated joint recommendations are in line with Article 15(4), Article 15(5), points (b) and (c) and Article 18(3) of Regulation (EU) No 1380/2013.
(16) Since the measures provided for in this Regulation impact directly on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication. It should apply from 1 January 2022,
(a) ‘GFCM Geographical Sub-Areas’ (‘GSAs’) means General Fisheries Commission for the Mediterranean (‘GFCM’) Geographical Sub-Areas as defined in the Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council(5);
(b) ‘Western Mediterranean Sea’ means GFCM Geographical Sub-Areas 1, 2, 5, 6, 7, 8, 9, 10 and 11.1, 11.2 and 12.
a) scallop (Pecten jacobeus) caught with mechanised dredges (HMD) until 31 December 2022;
b) carpet clams (Venerupis spp.) caught with mechanised dredges (HMD) until 31 December 2022;
c) Venus shells (Venus spp.) caught with mechanised dredges (HMD) until 31 December 2022;
d) Norway lobster(Nephrops norvegicus)caught with all bottom trawls(OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX)during the months of January to June and September to December, each year until 31 December 2024;
e) Norway lobster (Nephrops norvegicus) caught with pots and traps (FPO, FIX) until 31 December 2024;
f) red sea bream (Pagellus bogaraveo) caught with hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX) until 31 December 2023;
g) lobster (Homarus gammarus) caught with nets (GNS, GN, GND, GNC, GTN, GTR, GEN) and with pots and traps (FPO, FIX) until 31 December 2023;
h) crawfish (Palinuridae) caught with nets (GNS, GN, GND, GNC, GTN, GTR, GEN) and with pots and traps (FPO, FIX) until 31 December 2023.
(a) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(b) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets;
(c) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream(Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea), gilthead seabream (Sparus aurata) and deep-water rose shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(d) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets;
(e) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using hooks and lines.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/1022 of the European Parliament and 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(1), and in particular Article 14 thereof,
(1) Regulation (EU) 2019/1022 establishes a multiannual plan concerning demersal fisheries in the western Mediterranean Sea. Article 14 of that Regulation empowers the Commission to adopt delegated acts in order to supplement that Regulation by specifying details of the landing obligation for all stocks of species in the western Mediterranean Sea to which the landing obligation applies and for incidental catches of pelagic species in fisheries exploiting the stocks in accordance with that provision.
(2) Commission Delegated Regulation (EU) 2017/86(2)established a discard plan for certain demersal fisheries in the Mediterranean Sea applicable from 1 January 2017 until 31 December 2019, following three joint recommendations submitted to the Commission in 2016 by a number of Member States having a direct management interest in the fisheries in the Mediterranean Sea (Greece, Spain, France, Croatia, Italy, Cyprus, Malta and Slovenia). Those three joint recommendations concerned respectively the western Mediterranean Sea, the Adriatic Sea and the south-eastern Mediterranean Sea.
(3) On 7 May 2021, Spain, France and Italy (‘Pescamed High-Level Group’), submitted to the Commission a joint recommendation proposing the extension of certain exemptions of the landing obligation for demersal fisheries in the western Mediterranean after consultations within Mediterranean Advisory Council (‘MEDAC’).
(4) This joint recommendation was assessed by the Scientific, Technical and Economic Committee for Fisheries (‘STECF’) between 17 and 21 May 2021(3).
(5) On 21 July 2021, the Pescamed High-Level Group submitted an updated joint recommendation that was aligned with STECF’s assessment.
(6) Under Article 18 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council(4), the Commission has considered the joint recommendation in light of the STECF’s assessment to ensure that it is compatible with the relevant conservation measures, including the landing obligation.
(7) The Commission notes that in the western Mediterranean Sea, species are caught at the same time, at highly varying quantities, making a single stock approach challenging. Those species are furthermore caught by small-scale fishing vessels and landed in many different landing points spread out geographically along the coast, that results in disproportionate costs of handling unwanted catches.
(8) The updated joint recommendation proposes extending the survivability exemption, as provided for in Article 15(4), point (b) of Regulation (EU) No 1380/2013, established for mollusc bivalves, namely scallop (Pecten jacobeus), carpet clams (Venerupis spp.) and Venus shells (Venus spp.)caught with mechanised dredges (HMD) for 2022. The STECF reminded Member States of two existing studies to be completed for further assessment of the survival rates of scallop, carpet clams and Venus shells. As the evidence on the survival rates of these species is not conclusive, the Commission considers that the survivability exemption should be included in this Regulation for one year pending the submission of the relevant survivability data. The Member States concerned should submit, by 1 May 2022, the relevant survivability data for those three species to the Commission to allow STECF to fully assess the justifications for the exemption and the Commission to carry out a review.
(9) The updated joint recommendation proposes extending the survivability exemption established for Norway lobster (Nephrops norvegicus) caught with bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX) for 2022, 2023 and 2024. The STECF considered there is scientific evidence demonstrating very low survival for that species in the western Mediterranean and other regions, during the months of July and August. As high survival rates occur during the rest of the year and taking into account the characteristics of the gear, of the fishing practices and of the ecosystem, the Commission considers that the survivability exemption should therefore be extended for three years, except for the months of July and August each year.
(10) The updated joint recommendation proposes extending the survivability exemption for Norway lobster (Nephrops norvegicus) caught with pots and traps (FPO, FIX) for 2022, 2023 and 2024. The STECF considered that specific information to support this exemption was limited. However, given that this fishery is quite selective, the Commission considers that the exemption should be extended for three years.
(11) The updated joint recommendation proposes extending the survivability exemption for red seabream (Pagellus bogaraveo) caught with hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX) for 2022 and 2023. The STECF considered that evidence to support this exemption had been provided, but additional scientific studies should be performed to directly observe discard survival. The Commission considers that the exemption should be extended for two years.
(12) The updated joint recommendation proposes extending the survivability exemption for lobster (Homarus gammarus) and crawfish (Palinuridae) caught with nets (GNS, GN, GND, GNC, GTN, GTR, GEN) and pots and traps (FPO, FIX) for 2022 and 2023. The STECF considered that evidence supporting that the impact of the survivability of the exemption is likely to be low had been provided, but additional scientific studies should be performed to directly observe discard survival rates. The Commission considers that the exemption should be extended for two years.
(13) The joint recommendation provided updated scientific evidence on disproportionate costs of handling unwanted catches. Although STECF noted, that estimates of the increase in costs are provided, it stressed the difficulties to judge at which level costs are disproportionate. The STECF noted that the information provided on disproportionate costs could be further completed and that an evaluation of the impacts of the exemption should be undertaken. The STECF further noted that reducing the level of unwanted catches through the use of selective gears or marine protected areas should be prioritised. The Commission welcomes the commitment taken by the Pescamed High-Level Group to further work on selectivity and fisheries spatial restrictions as a priority to achieve the reduction of unwanted catches. The STECF noted that the combinedde minimisapproach covers a broad group of species with a wide range of discard rates but considered such broad coverage a valid approach given the complexity of the fisheries in the western Mediterranean Sea. Furthermore, the STECF considered that individualde minimisexemptions covering a single species would likely result in many separate exemptions that would be equally challenging to monitor. The Commission considers that the exemption should be extended with the proposed percentage levels.
(14) Member States renewed their commitment in their joint recommendation to increase the selectivity of the fishing gears in accordance with the results of current research programmes in order to reduce and limit unwanted catches and particularly catches below minimum conservation reference sizes.
(15) Furthermore, Member States also committed in their joint recommendation to identify further closure areas in order to reduce juvenile mortality, where there is evidence of a high concentration of juvenile fish. The measures suggested by the updated joint recommendations are in line with Article 15(4), Article 15(5), points (b) and (c) and Article 18(3) of Regulation (EU) No 1380/2013.
(16) Since the measures provided for in this Regulation impact directly on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication. It should apply from 1 January 2022,
HAS ADOPTED THIS REGULATION:

Implementation of the landing obligation
Article 1
The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in Union waters of the Western Mediterranean Sea to demersal fisheries in accordance with this Regulation.

Definitions
Article 2
For the purposes of this Regulation, the following definitions shall apply:
(a)
‘GFCM Geographical Sub-Areas’ (‘GSAs’) means General Fisheries Commission for the Mediterranean (‘GFCM’) Geographical Sub-Areas as defined in the Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council(5);
(b)
‘Western Mediterranean Sea’ means GFCM Geographical Sub-Areas 1, 2, 5, 6, 7, 8, 9, 10 and 11.1, 11.2 and 12.

Survivability exemptions
Article 3
1. The exemption from the landing obligation pursuant to Article 15(4), point (b) of Regulation (EU) No 1380/2013 for species for which scientific evidence demonstrates high survival rates, in the western Mediterranean Sea, shall apply to:
a)
scallop (Pecten jacobeus) caught with mechanised dredges (HMD) until 31 December 2022;
b)
carpet clams (Venerupis spp.) caught with mechanised dredges (HMD) until 31 December 2022;
c)
Venus shells (Venus spp.) caught with mechanised dredges (HMD) until 31 December 2022;
d)
Norway lobster(Nephrops norvegicus)caught with all bottom trawls(OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX)during the months of January to June and September to December, each year until 31 December 2024;
e)
Norway lobster (Nephrops norvegicus) caught with pots and traps (FPO, FIX) until 31 December 2024;
f)
red sea bream (Pagellus bogaraveo) caught with hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX) until 31 December 2023;
g)
lobster (Homarus gammarus) caught with nets (GNS, GN, GND, GNC, GTN, GTR, GEN) and with pots and traps (FPO, FIX) until 31 December 2023;
h)
crawfish (Palinuridae) caught with nets (GNS, GN, GND, GNC, GTN, GTR, GEN) and with pots and traps (FPO, FIX) until 31 December 2023.
2. Scallop (Pecten jacobeus), carpet clams (Venerupis spp.), Venus shells (Venus spp.), Norway lobster (Nephrops norvegicus), red sea bream (Pagellus bogaraveo), lobster (Homarus gammarus) and crawfish (Palinuridae) caught in the circumstances referred to in paragraph 1 shall be released immediately in the area where they have been caught.
3. By 1 May 2022, the Member States having a direct management interest in the fisheries in the Mediterranean Sea shall submit to the Commission additional discard data and any other relevant scientific information supporting the exemption laid down in paragraph 1, points (a), (b) and (c). The STECF shall assess the data and information submitted by 31 July 2022 at the latest.

De minimis exemptions
Article 4
By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities of species may be discarded pursuant to Article 15(4), point (c) of Regulation (EU) No 1380/2013:
(a)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(b)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets;
(c)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream(Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea), gilthead seabream (Sparus aurata) and deep-water rose shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(d)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets;
(e)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using hooks and lines.

Entry into force and application
Article 5
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2022 until 31 December 2024.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/1022 of the European Parliament and 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(1), and in particular Article 14 thereof,
(1) Regulation (EU) 2019/1022 establishes a multiannual plan concerning demersal fisheries in the western Mediterranean Sea. Article 14 of that Regulation empowers the Commission to adopt delegated acts in order to supplement that Regulation by specifying details of the landing obligation for all stocks of species in the western Mediterranean Sea to which the landing obligation applies and for incidental catches of pelagic species in fisheries exploiting the stocks in accordance with that provision.
(2) Commission Delegated Regulation (EU) 2017/86(2)established a discard plan for certain demersal fisheries in the Mediterranean Sea applicable from 1 January 2017 until 31 December 2019, following three joint recommendations submitted to the Commission in 2016 by a number of Member States having a direct management interest in the fisheries in the Mediterranean Sea (Greece, Spain, France, Croatia, Italy, Cyprus, Malta and Slovenia). Those three joint recommendations concerned respectively the western Mediterranean Sea, the Adriatic Sea and the south-eastern Mediterranean Sea.
(3) On 7 May 2021, Spain, France and Italy (‘Pescamed High-Level Group’), submitted to the Commission a joint recommendation proposing the extension of certain exemptions of the landing obligation for demersal fisheries in the western Mediterranean after consultations within Mediterranean Advisory Council (‘MEDAC’).
(4) This joint recommendation was assessed by the Scientific, Technical and Economic Committee for Fisheries (‘STECF’) between 17 and 21 May 2021(3).
(5) On 21 July 2021, the Pescamed High-Level Group submitted an updated joint recommendation that was aligned with STECF’s assessment.
(6) Under Article 18 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council(4), the Commission has considered the joint recommendation in light of the STECF’s assessment to ensure that it is compatible with the relevant conservation measures, including the landing obligation.
(7) The Commission notes that in the western Mediterranean Sea, species are caught at the same time, at highly varying quantities, making a single stock approach challenging. Those species are furthermore caught by small-scale fishing vessels and landed in many different landing points spread out geographically along the coast, that results in disproportionate costs of handling unwanted catches.
(8) The updated joint recommendation proposes extending the survivability exemption, as provided for in Article 15(4), point (b) of Regulation (EU) No 1380/2013, established for mollusc bivalves, namely scallop (Pecten jacobeus), carpet clams (Venerupis spp.) and Venus shells (Venus spp.)caught with mechanised dredges (HMD) for 2022. The STECF reminded Member States of two existing studies to be completed for further assessment of the survival rates of scallop, carpet clams and Venus shells. As the evidence on the survival rates of these species is not conclusive, the Commission considers that the survivability exemption should be included in this Regulation for one year pending the submission of the relevant survivability data. The Member States concerned should submit, by 1 May 2022, the relevant survivability data for those three species to the Commission to allow STECF to fully assess the justifications for the exemption and the Commission to carry out a review.
(9) The updated joint recommendation proposes extending the survivability exemption established for Norway lobster (Nephrops norvegicus) caught with bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX) for 2022, 2023 and 2024. The STECF considered there is scientific evidence demonstrating very low survival for that species in the western Mediterranean and other regions, during the months of July and August. As high survival rates occur during the rest of the year and taking into account the characteristics of the gear, of the fishing practices and of the ecosystem, the Commission considers that the survivability exemption should therefore be extended for three years, except for the months of July and August each year.
(10) The updated joint recommendation proposes extending the survivability exemption for Norway lobster (Nephrops norvegicus) caught with pots and traps (FPO, FIX) for 2022, 2023 and 2024. The STECF considered that specific information to support this exemption was limited. However, given that this fishery is quite selective, the Commission considers that the exemption should be extended for three years.
(11) The updated joint recommendation proposes extending the survivability exemption for red seabream (Pagellus bogaraveo) caught with hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX) for 2022 and 2023. The STECF considered that evidence to support this exemption had been provided, but additional scientific studies should be performed to directly observe discard survival. The Commission considers that the exemption should be extended for two years.
(12) The updated joint recommendation proposes extending the survivability exemption for lobster (Homarus gammarus) and crawfish (Palinuridae) caught with nets (GNS, GN, GND, GNC, GTN, GTR, GEN) and pots and traps (FPO, FIX) for 2022 and 2023. The STECF considered that evidence supporting that the impact of the survivability of the exemption is likely to be low had been provided, but additional scientific studies should be performed to directly observe discard survival rates. The Commission considers that the exemption should be extended for two years.
(13) The joint recommendation provided updated scientific evidence on disproportionate costs of handling unwanted catches. Although STECF noted, that estimates of the increase in costs are provided, it stressed the difficulties to judge at which level costs are disproportionate. The STECF noted that the information provided on disproportionate costs could be further completed and that an evaluation of the impacts of the exemption should be undertaken. The STECF further noted that reducing the level of unwanted catches through the use of selective gears or marine protected areas should be prioritised. The Commission welcomes the commitment taken by the Pescamed High-Level Group to further work on selectivity and fisheries spatial restrictions as a priority to achieve the reduction of unwanted catches. The STECF noted that the combinedde minimisapproach covers a broad group of species with a wide range of discard rates but considered such broad coverage a valid approach given the complexity of the fisheries in the western Mediterranean Sea. Furthermore, the STECF considered that individualde minimisexemptions covering a single species would likely result in many separate exemptions that would be equally challenging to monitor. The Commission considers that the exemption should be extended with the proposed percentage levels.
(14) Member States renewed their commitment in their joint recommendation to increase the selectivity of the fishing gears in accordance with the results of current research programmes in order to reduce and limit unwanted catches and particularly catches below minimum conservation reference sizes.
(15) Furthermore, Member States also committed in their joint recommendation to identify further closure areas in order to reduce juvenile mortality, where there is evidence of a high concentration of juvenile fish. The measures suggested by the updated joint recommendations are in line with Article 15(4), Article 15(5), points (b) and (c) and Article 18(3) of Regulation (EU) No 1380/2013.
(16) Since the measures provided for in this Regulation impact directly on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication. It should apply from 1 January 2022,
HAS ADOPTED THIS REGULATION:

Implementation of the landing obligation

The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in Union waters of the Western Mediterranean Sea to demersal fisheries in accordance with this Regulation.

Definitions

For the purposes of this Regulation, the following definitions shall apply:
(a)
‘GFCM Geographical Sub-Areas’ (‘GSAs’) means General Fisheries Commission for the Mediterranean (‘GFCM’) Geographical Sub-Areas as defined in the Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council(5);
(b)
‘Western Mediterranean Sea’ means GFCM Geographical Sub-Areas 1, 2, 5, 6, 7, 8, 9, 10 and 11.1, 11.2 and 12.

Survivability exemptions

1. The exemption from the landing obligation pursuant to Article 15(4), point (b) of Regulation (EU) No 1380/2013 for species for which scientific evidence demonstrates high survival rates, in the western Mediterranean Sea, shall apply to:
a)
scallop (Pecten jacobeus) caught with mechanised dredges (HMD) until 31 December 2022;
b)
carpet clams (Venerupis spp.) caught with mechanised dredges (HMD) until 31 December 2022;
c)
Venus shells (Venus spp.) caught with mechanised dredges (HMD) until 31 December 2022;
d)
Norway lobster(Nephrops norvegicus)caught with all bottom trawls(OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX)during the months of January to June and September to December, each year until 31 December 2024;
e)
Norway lobster (Nephrops norvegicus) caught with pots and traps (FPO, FIX) until 31 December 2024;
f)
red sea bream (Pagellus bogaraveo) caught with hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX) until 31 December 2023;
g)
lobster (Homarus gammarus) caught with nets (GNS, GN, GND, GNC, GTN, GTR, GEN) and with pots and traps (FPO, FIX) until 31 December 2023;
h)
crawfish (Palinuridae) caught with nets (GNS, GN, GND, GNC, GTN, GTR, GEN) and with pots and traps (FPO, FIX) until 31 December 2023.
2. Scallop (Pecten jacobeus), carpet clams (Venerupis spp.), Venus shells (Venus spp.), Norway lobster (Nephrops norvegicus), red sea bream (Pagellus bogaraveo), lobster (Homarus gammarus) and crawfish (Palinuridae) caught in the circumstances referred to in paragraph 1 shall be released immediately in the area where they have been caught.
3. By 1 May 2022, the Member States having a direct management interest in the fisheries in the Mediterranean Sea shall submit to the Commission additional discard data and any other relevant scientific information supporting the exemption laid down in paragraph 1, points (a), (b) and (c). The STECF shall assess the data and information submitted by 31 July 2022 at the latest.

De minimis exemptions

By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities of species may be discarded pursuant to Article 15(4), point (c) of Regulation (EU) No 1380/2013:
(a)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(b)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets;
(c)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream(Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea), gilthead seabream (Sparus aurata) and deep-water rose shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(d)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets;
(e)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using hooks and lines.

Entry into force and application

This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2022 until 31 December 2024.

Pending: 32021R2065

26.11.2021 EN Official Journal of the European Union L 421/14
(1) Regulation (EU) No 1380/2013 aims to gradually eliminate discards in all Union fisheries through the introduction of a landing obligation.
(2) As regards the Black Sea, Article 15 of Regulation (EU) No 1380/2013 establishes a landing obligation for all catches of species which are subject to catch limits. Under Article 15(1), point (d) of Regulation (EU) No 1380/2013, the landing obligation is to apply to species which define the fisheries at the latest from 1 January 2017. Turbot is one of those species.
(3) On 20 October 2016, the Commission adopted Delegated Regulation (EU) 2017/87(2)establishing a discard plan for turbot fisheries in the Black Sea, that provided for a survivability exemption of turbot caught with bottom-set gillnets. It applied from 1 January 2017 until 31 December 2019.
(4) Bulgaria and Romania have a direct fisheries management interest in the exploitation of turbot in the Black Sea. On 12 February 2021, those Member States submitted a joint recommendation to the Commission, requesting the renewal of the discard plan and the survivability exemption of turbot caught with bottom-set gillnets in the Black Sea. On 15 July 2021, those Member States submitted an updated joint recommendation. Scientific contribution was obtained from relevant scientific bodies with regard to the high survival rates of this species.
(5) The Scientific, Technical and Economic Committee for Fisheries(3)(‘STECF’) assessed the updated joint recommendation submitted and noted that improvements on the information provided are required. The Commission acknowledges the existence of scientific studies(4)demonstrating the high survivability of turbot caught by vessels from non-EU countries using gillnets in the Black Sea. Given that the studies relate to the same sea basin, species and gears as the ones included in the exemption requested by Bulgaria and Romania, the Commission considers that this study should be taken into consideration for the purpose of the exemption.
(6) Based on the scientific evidence and STECF assessment, the survivability exemption allowed under Article 15(4), point (b) of Regulation (EU) No 1380/2013 should be included in this Regulation for one year.
(7) By 1 May 2022, the Member States concerned should submit additional data on survival estimates relating to the gillnet fishery for turbot.
(8) Since the measures provided for in this Regulation have a direct impact on the economic activities linked to and the planning of the fishing season of Union vessels, this Regulation should enter into force immediately after its publication. In accordance with the joint recommendation and taking into account the time-frame set out in Article 15(1) of Regulation (EU) No 1380/2013, this Regulation should apply from 1 January 2022,
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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(1)and in particular Article 15(6) thereof,
(1) Regulation (EU) No 1380/2013 aims to gradually eliminate discards in all Union fisheries through the introduction of a landing obligation.
(2) As regards the Black Sea, Article 15 of Regulation (EU) No 1380/2013 establishes a landing obligation for all catches of species which are subject to catch limits. Under Article 15(1), point (d) of Regulation (EU) No 1380/2013, the landing obligation is to apply to species which define the fisheries at the latest from 1 January 2017. Turbot is one of those species.
(3) On 20 October 2016, the Commission adopted Delegated Regulation (EU) 2017/87(2)establishing a discard plan for turbot fisheries in the Black Sea, that provided for a survivability exemption of turbot caught with bottom-set gillnets. It applied from 1 January 2017 until 31 December 2019.
(4) Bulgaria and Romania have a direct fisheries management interest in the exploitation of turbot in the Black Sea. On 12 February 2021, those Member States submitted a joint recommendation to the Commission, requesting the renewal of the discard plan and the survivability exemption of turbot caught with bottom-set gillnets in the Black Sea. On 15 July 2021, those Member States submitted an updated joint recommendation. Scientific contribution was obtained from relevant scientific bodies with regard to the high survival rates of this species.
(5) The Scientific, Technical and Economic Committee for Fisheries(3)(‘STECF’) assessed the updated joint recommendation submitted and noted that improvements on the information provided are required. The Commission acknowledges the existence of scientific studies(4)demonstrating the high survivability of turbot caught by vessels from non-EU countries using gillnets in the Black Sea. Given that the studies relate to the same sea basin, species and gears as the ones included in the exemption requested by Bulgaria and Romania, the Commission considers that this study should be taken into consideration for the purpose of the exemption.
(6) Based on the scientific evidence and STECF assessment, the survivability exemption allowed under Article 15(4), point (b) of Regulation (EU) No 1380/2013 should be included in this Regulation for one year.
(7) By 1 May 2022, the Member States concerned should submit additional data on survival estimates relating to the gillnet fishery for turbot.
(8) Since the measures provided for in this Regulation have a direct impact on the economic activities linked to and the planning of the fishing season of Union vessels, this Regulation should enter into force immediately after its publication. In accordance with the joint recommendation and taking into account the time-frame set out in Article 15(1) of Regulation (EU) No 1380/2013, this Regulation should apply from 1 January 2022,
HAS ADOPTED THIS REGULATION:

Implementation of the landing obligation
Article 1
The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in the Black Sea to the fisheries of turbot (Psetta maxima) caught with bottom-set gillnets (gear code(5)GNS), in accordance with this Regulation.

Definition
Article 2
For the purposes of this Regulation, ‘Black Sea’ means maritime waters in the General Fisheries Commission for the Mediterranean (‘GFCM’) Geographical Sub-Area 29 as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council(6).

Survivability exemption
Article 3
1. The exemption from the landing obligation pursuant to Article 15(4), point (b) of Regulation (EU) No 1380/2013 for species for which scientific evidence demonstrates high survival rates shall apply in 2022 to turbot(Psetta maxima) caught with bottom-set gillnets (GNS) in the Black Sea.
2. Turbot(Psetta maxima)caught in the circumstances referred to in paragraph 1 shall be released immediately in the area where it has been caught.
3. By 1 May 2022, Member States having a direct management interest in the turbot fisheries in the Black Sea shall submit to the Commission additional data on survival estimates relating to the gillnet fishery for turbot and any other relevant scientific information supporting the exemption laid down in paragraph 1. The STECF shall assess those data by 31 July 2022 at the latest.

Article 4
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January to 31 December 2022.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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(1)and in particular Article 15(6) thereof,
(1) Regulation (EU) No 1380/2013 aims to gradually eliminate discards in all Union fisheries through the introduction of a landing obligation.
(2) As regards the Black Sea, Article 15 of Regulation (EU) No 1380/2013 establishes a landing obligation for all catches of species which are subject to catch limits. Under Article 15(1), point (d) of Regulation (EU) No 1380/2013, the landing obligation is to apply to species which define the fisheries at the latest from 1 January 2017. Turbot is one of those species.
(3) On 20 October 2016, the Commission adopted Delegated Regulation (EU) 2017/87(2)establishing a discard plan for turbot fisheries in the Black Sea, that provided for a survivability exemption of turbot caught with bottom-set gillnets. It applied from 1 January 2017 until 31 December 2019.
(4) Bulgaria and Romania have a direct fisheries management interest in the exploitation of turbot in the Black Sea. On 12 February 2021, those Member States submitted a joint recommendation to the Commission, requesting the renewal of the discard plan and the survivability exemption of turbot caught with bottom-set gillnets in the Black Sea. On 15 July 2021, those Member States submitted an updated joint recommendation. Scientific contribution was obtained from relevant scientific bodies with regard to the high survival rates of this species.
(5) The Scientific, Technical and Economic Committee for Fisheries(3)(‘STECF’) assessed the updated joint recommendation submitted and noted that improvements on the information provided are required. The Commission acknowledges the existence of scientific studies(4)demonstrating the high survivability of turbot caught by vessels from non-EU countries using gillnets in the Black Sea. Given that the studies relate to the same sea basin, species and gears as the ones included in the exemption requested by Bulgaria and Romania, the Commission considers that this study should be taken into consideration for the purpose of the exemption.
(6) Based on the scientific evidence and STECF assessment, the survivability exemption allowed under Article 15(4), point (b) of Regulation (EU) No 1380/2013 should be included in this Regulation for one year.
(7) By 1 May 2022, the Member States concerned should submit additional data on survival estimates relating to the gillnet fishery for turbot.
(8) Since the measures provided for in this Regulation have a direct impact on the economic activities linked to and the planning of the fishing season of Union vessels, this Regulation should enter into force immediately after its publication. In accordance with the joint recommendation and taking into account the time-frame set out in Article 15(1) of Regulation (EU) No 1380/2013, this Regulation should apply from 1 January 2022,
HAS ADOPTED THIS REGULATION:

Implementation of the landing obligation

The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in the Black Sea to the fisheries of turbot (Psetta maxima) caught with bottom-set gillnets (gear code(5)GNS), in accordance with this Regulation.

Definition

For the purposes of this Regulation, ‘Black Sea’ means maritime waters in the General Fisheries Commission for the Mediterranean (‘GFCM’) Geographical Sub-Area 29 as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council(6).

Survivability exemption

1. The exemption from the landing obligation pursuant to Article 15(4), point (b) of Regulation (EU) No 1380/2013 for species for which scientific evidence demonstrates high survival rates shall apply in 2022 to turbot(Psetta maxima) caught with bottom-set gillnets (GNS) in the Black Sea.
2. Turbot(Psetta maxima)caught in the circumstances referred to in paragraph 1 shall be released immediately in the area where it has been caught.
3. By 1 May 2022, Member States having a direct management interest in the turbot fisheries in the Black Sea shall submit to the Commission additional data on survival estimates relating to the gillnet fishery for turbot and any other relevant scientific information supporting the exemption laid down in paragraph 1. The STECF shall assess those data by 31 July 2022 at the latest.
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January to 31 December 2022.

Pending: 32021R2064

26.11.2021 EN Official Journal of the European Union L 421/9
(1) Commission Delegated Regulation (EU) 2017/86(2)establishes a discard plan for certain demersal fisheries in the Mediterranean Sea applicable from 1 January 2017 until 31 December 2019, following three joint recommendations submitted to the Commission in 2016 by a number of Member States having a direct management interest in the fisheries in the Mediterranean Sea (Greece, Spain, France, Croatia, Italy, Cyprus, Malta and Slovenia). Those three joint recommendations concerned respectively the western Mediterranean Sea, the Adriatic Sea and the south-eastern Mediterranean Sea.
(2) In order to avoid disproportionate costs of handling unwanted catches, Delegated Regulation (EU) 2017/86 established ade minimisexemption that applies to demersal species. This Regulation expires on 31 December 2021.
(3) Croatia, Italy and Slovenia (‘Adriatica High-Level Group’) and Greece, Italy, Cyprus and Malta (‘Sudestmed High-Level Group’) have a direct fisheries management interest in the Adriatic Sea and south-eastern Mediterranean Sea respectively. On 7 and 14 May 2021, the Adriatica High-Level Group and Sudestmed High-Level Group submitted scientific evidence to request the extension of thede minimisexemption laid down in Delegated Regulation (EU) 2017/86.
(4) Thede minimisexemptions for small pelagic species in fisheries targeting those species are set out in Commission Delegated Regulation (EU) 2018/161(3). By contrast,de minimisexemptions for by-catches of small pelagic species made in demersal fisheries should be included in this Regulation as requested in the scientific evidence submitted by the High-Level Groups.
(5) The scientific evidence was assessed by the Scientific, Technical and Economic Committee for Fisheries (‘STECF’) between 17 and 21 May 2021(4). On 13 and 21 July 2021, the Adriatica and Sudestmed High-Level Groups submitted respectively updated scientific evidence that was aligned with the STECF scientific advice.
(6) The Commission notes that in the Adriatic Sea and south-eastern Mediterranean Sea, species are caught at the same time, at highly varying quantities, making a single stock approach challenging. Those species are furthermore caught by small-scale fishing vessels and landed in many different landing points spread out geographically along the coast,that results in disproportionate costs of handling unwanted catches.
(7) The STECF noted that the combinedde minimisapproach included in the scientific evidence provided, covers a broad group of species with a wide range of discard rates but considered such broad coverage a valid approach given the complexity of the fisheries in the Adriatic Sea and south-easten Mediterranean Sea. Furthermore, the STECF considered that individualde minimisexemptions covering a single species would likely result in many separate exemptions that would be equally challenging to monitor.
(8) The Adriatica High-Level group has provided updated scientific evidence on disproportionate costs of handling unwanted catches. Although STECF noted that estimates of the increase in costs are provided, it stressed the difficulties to judge at which level costs are disproportionate. The STECF noted that the information provided on disproportionate costs could be further completed and that an evaluation of the impacts of the exemption should be undertaken. The STECF further noted that reducing the level of unwanted catches through the use of selective gears or marine protected areas should be prioritised. The Commission welcomes the commitment taken by the Adriatica High-Level Group to further work on selectivity and fisheries spatial restrictions as a priority to achieve the reduction of unwanted catches. The Commission considers that the exemption should be extended with the proposed percentage levels.
(9) The updated scientific evidence for the Adriatic proposes extending thede minimisexemption, for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX). The STECF considered that the discard rate is very significant for this fishery, but that selectivity projects are still ongoing. The Commission considers that the exemption should be extended for one year, with the proposed percentage levels. The Adriatic High-Level Group should submit by 1 May 2022 additional data, based on the ongoing studies and an evaluation of the impact of the exemption.
(10) The Sudestmed High-Level Group has provided updated scientific evidence on disproportionate costs of handling unwanted catches. Although STECF noted that estimates of the increase in costs are provided, it stressed the difficulties to judge at which level costs are disproportionate. The STECF noted that the information provided on disproportionate costs could be further completed and that an evaluation of the impacts of the exemption should be undertaken. The STECF further noted that reducing the level of unwanted catches through the use of selective gears or marine protected areas should be prioritised. The Commission welcomes the commitment taken by the Sudestmed High-Level Group to further work on selectivity and fisheries spatial restrictions as a priority to achieve the reduction of unwanted catches. The Commission considers that the exemption should be extended with the proposed percentage levels.
(11) Given the high number of different species caught at the same time in demersal fishing operations using hooks, lines, gillnets and trammel nets in the south-eastern Mediterranean Sea, the Sudestmed High-Level Group has proposed a differentde minimisfor some species when more frequently caught benefiting from lowerde minimisthreshold than when less frequently caught. Given that this reflects the reality of the mixed fisheries in the south-eastern Mediterranean Sea, the Commission considers that the exemption should be granted with the proposed percentage levels.
(12) The updated scientific evidence provided for the south-eastern Mediterranean Sea proposes extending thede minimisexemption, for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % in for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX). The STECF considered that the discard rate is very significant for this fishery, but that selectivity projects are ongoing. The Commission considers that the exemption should be extended for one year, with the proposed percentage levels. The Sudestmed High-Level Group should submit by 1 May 2022 additional data, based on the ongoing studies and an evaluation of the impact of the exemption.
(13) In their updated scientific evidences, Member States renewed their commitment to increase the selectivity of the fishing gears in accordance with the results of current research programmes in order to reduce and limit unwanted catches and particularly catches below minimum conservation reference sizes.
(14) In their updated scientific evidences, Member States also committed to identify further closure areas in order to reduce juvenile mortality.
(15) The measures requested are in line with Article 15(4), point (c).
(16) Since the measures provided for in this Regulation impact directly on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication. For the purpose of legal certainty, this Regulation should apply from 1 January 2022,
(a) ‘GFCM Geographical Sub-Areas’ (‘GSAs’) means General Fisheries Commission for the Mediterranean (‘GFCM’) Geographical Sub-Areas as defined in the Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council(5);
(b) ‘Adriatic Sea’ means GFCM Geographical Sub-Areas 17 and 18;
(c) ‘South-Eastern Mediterranean Sea’ means GFCM Geographical Sub-Areas 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26 and 27.
(a) in the Adriatic Sea:(i)for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;(ii)or hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);(iii)for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using rapido (TBB);(iv)for common sole (Solea solea), up to 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;(v)for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), gilthead seabream (Sparus aurata) and deep-water rose shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;(vi)for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);(vii)for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish(Polyprion americanus), common sole (Solea solea) and gilthead seabream(Sparus aurata), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX);(viii)for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls. (i) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls; (ii) or hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN); (iii) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using rapido (TBB); (iv) for common sole (Solea solea), up to 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls; (v) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), gilthead seabream (Sparus aurata) and deep-water rose shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls; (vi) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN); (vii) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish(Polyprion americanus), common sole (Solea solea) and gilthead seabream(Sparus aurata), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX); (viii) for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls.
(i) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(ii) or hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(iii) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using rapido (TBB);
(iv) for common sole (Solea solea), up to 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(v) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), gilthead seabream (Sparus aurata) and deep-water rose shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(vi) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(vii) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish(Polyprion americanus), common sole (Solea solea) and gilthead seabream(Sparus aurata), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX);
(viii) for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls.
(i) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(ii) or hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(iii) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using rapido (TBB);
(iv) for common sole (Solea solea), up to 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(v) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), gilthead seabream (Sparus aurata) and deep-water rose shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(vi) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(vii) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish(Polyprion americanus), common sole (Solea solea) and gilthead seabream(Sparus aurata), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX);
(viii) for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls.
(b) in the south-eastern Mediterranean Sea:(i)for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;(ii)for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);(iii)for deep-water ros e shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of that species caught by vessels using bottom trawls;(iv)for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus) gilthead seabream (Sparus aurata) Norway Lobster (Nephrops norvegicus) and common sole (Solea solea), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;(v)for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus gilthead seabream (Sparus aurata), common sole (Solea solea), lobster (Homarus gammarus) and crawfish (Palinuridae), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species;(vi)for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), red seabream (Pagellus bogaraveo), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), hake (Merluccius merluccius) and gilthead seabream (Sparus aurata), up to a maximum of 1 % of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 3 % of the total annual catches of those species;(vii)for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls. (i) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls; (ii) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN); (iii) for deep-water ros e shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of that species caught by vessels using bottom trawls; (iv) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus) gilthead seabream (Sparus aurata) Norway Lobster (Nephrops norvegicus) and common sole (Solea solea), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls; (v) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus gilthead seabream (Sparus aurata), common sole (Solea solea), lobster (Homarus gammarus) and crawfish (Palinuridae), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species; (vi) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), red seabream (Pagellus bogaraveo), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), hake (Merluccius merluccius) and gilthead seabream (Sparus aurata), up to a maximum of 1 % of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 3 % of the total annual catches of those species; (vii) for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls.
(i) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(ii) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(iii) for deep-water ros e shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of that species caught by vessels using bottom trawls;
(iv) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus) gilthead seabream (Sparus aurata) Norway Lobster (Nephrops norvegicus) and common sole (Solea solea), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(v) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus gilthead seabream (Sparus aurata), common sole (Solea solea), lobster (Homarus gammarus) and crawfish (Palinuridae), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species;
(vi) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), red seabream (Pagellus bogaraveo), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), hake (Merluccius merluccius) and gilthead seabream (Sparus aurata), up to a maximum of 1 % of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 3 % of the total annual catches of those species;
(vii) for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls.
(i) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(ii) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(iii) for deep-water ros e shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of that species caught by vessels using bottom trawls;
(iv) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus) gilthead seabream (Sparus aurata) Norway Lobster (Nephrops norvegicus) and common sole (Solea solea), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(v) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus gilthead seabream (Sparus aurata), common sole (Solea solea), lobster (Homarus gammarus) and crawfish (Palinuridae), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species;
(vi) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), red seabream (Pagellus bogaraveo), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), hake (Merluccius merluccius) and gilthead seabream (Sparus aurata), up to a maximum of 1 % of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 3 % of the total annual catches of those species;
(vii) for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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(1), and in particular Article 15(7),
(1) Commission Delegated Regulation (EU) 2017/86(2)establishes a discard plan for certain demersal fisheries in the Mediterranean Sea applicable from 1 January 2017 until 31 December 2019, following three joint recommendations submitted to the Commission in 2016 by a number of Member States having a direct management interest in the fisheries in the Mediterranean Sea (Greece, Spain, France, Croatia, Italy, Cyprus, Malta and Slovenia). Those three joint recommendations concerned respectively the western Mediterranean Sea, the Adriatic Sea and the south-eastern Mediterranean Sea.
(2) In order to avoid disproportionate costs of handling unwanted catches, Delegated Regulation (EU) 2017/86 established ade minimisexemption that applies to demersal species. This Regulation expires on 31 December 2021.
(3) Croatia, Italy and Slovenia (‘Adriatica High-Level Group’) and Greece, Italy, Cyprus and Malta (‘Sudestmed High-Level Group’) have a direct fisheries management interest in the Adriatic Sea and south-eastern Mediterranean Sea respectively. On 7 and 14 May 2021, the Adriatica High-Level Group and Sudestmed High-Level Group submitted scientific evidence to request the extension of thede minimisexemption laid down in Delegated Regulation (EU) 2017/86.
(4) Thede minimisexemptions for small pelagic species in fisheries targeting those species are set out in Commission Delegated Regulation (EU) 2018/161(3). By contrast,de minimisexemptions for by-catches of small pelagic species made in demersal fisheries should be included in this Regulation as requested in the scientific evidence submitted by the High-Level Groups.
(5) The scientific evidence was assessed by the Scientific, Technical and Economic Committee for Fisheries (‘STECF’) between 17 and 21 May 2021(4). On 13 and 21 July 2021, the Adriatica and Sudestmed High-Level Groups submitted respectively updated scientific evidence that was aligned with the STECF scientific advice.
(6) The Commission notes that in the Adriatic Sea and south-eastern Mediterranean Sea, species are caught at the same time, at highly varying quantities, making a single stock approach challenging. Those species are furthermore caught by small-scale fishing vessels and landed in many different landing points spread out geographically along the coast,that results in disproportionate costs of handling unwanted catches.
(7) The STECF noted that the combinedde minimisapproach included in the scientific evidence provided, covers a broad group of species with a wide range of discard rates but considered such broad coverage a valid approach given the complexity of the fisheries in the Adriatic Sea and south-easten Mediterranean Sea. Furthermore, the STECF considered that individualde minimisexemptions covering a single species would likely result in many separate exemptions that would be equally challenging to monitor.
(8) The Adriatica High-Level group has provided updated scientific evidence on disproportionate costs of handling unwanted catches. Although STECF noted that estimates of the increase in costs are provided, it stressed the difficulties to judge at which level costs are disproportionate. The STECF noted that the information provided on disproportionate costs could be further completed and that an evaluation of the impacts of the exemption should be undertaken. The STECF further noted that reducing the level of unwanted catches through the use of selective gears or marine protected areas should be prioritised. The Commission welcomes the commitment taken by the Adriatica High-Level Group to further work on selectivity and fisheries spatial restrictions as a priority to achieve the reduction of unwanted catches. The Commission considers that the exemption should be extended with the proposed percentage levels.
(9) The updated scientific evidence for the Adriatic proposes extending thede minimisexemption, for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX). The STECF considered that the discard rate is very significant for this fishery, but that selectivity projects are still ongoing. The Commission considers that the exemption should be extended for one year, with the proposed percentage levels. The Adriatic High-Level Group should submit by 1 May 2022 additional data, based on the ongoing studies and an evaluation of the impact of the exemption.
(10) The Sudestmed High-Level Group has provided updated scientific evidence on disproportionate costs of handling unwanted catches. Although STECF noted that estimates of the increase in costs are provided, it stressed the difficulties to judge at which level costs are disproportionate. The STECF noted that the information provided on disproportionate costs could be further completed and that an evaluation of the impacts of the exemption should be undertaken. The STECF further noted that reducing the level of unwanted catches through the use of selective gears or marine protected areas should be prioritised. The Commission welcomes the commitment taken by the Sudestmed High-Level Group to further work on selectivity and fisheries spatial restrictions as a priority to achieve the reduction of unwanted catches. The Commission considers that the exemption should be extended with the proposed percentage levels.
(11) Given the high number of different species caught at the same time in demersal fishing operations using hooks, lines, gillnets and trammel nets in the south-eastern Mediterranean Sea, the Sudestmed High-Level Group has proposed a differentde minimisfor some species when more frequently caught benefiting from lowerde minimisthreshold than when less frequently caught. Given that this reflects the reality of the mixed fisheries in the south-eastern Mediterranean Sea, the Commission considers that the exemption should be granted with the proposed percentage levels.
(12) The updated scientific evidence provided for the south-eastern Mediterranean Sea proposes extending thede minimisexemption, for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % in for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX). The STECF considered that the discard rate is very significant for this fishery, but that selectivity projects are ongoing. The Commission considers that the exemption should be extended for one year, with the proposed percentage levels. The Sudestmed High-Level Group should submit by 1 May 2022 additional data, based on the ongoing studies and an evaluation of the impact of the exemption.
(13) In their updated scientific evidences, Member States renewed their commitment to increase the selectivity of the fishing gears in accordance with the results of current research programmes in order to reduce and limit unwanted catches and particularly catches below minimum conservation reference sizes.
(14) In their updated scientific evidences, Member States also committed to identify further closure areas in order to reduce juvenile mortality.
(15) The measures requested are in line with Article 15(4), point (c).
(16) Since the measures provided for in this Regulation impact directly on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication. For the purpose of legal certainty, this Regulation should apply from 1 January 2022,
HAS ADOPTED THIS REGULATION:

Implementation of the landing obligation
Article 1
The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in Union waters of the Adriatic and the south-eastern Mediterranean Sea to demersal fisheries in accordance with this Regulation.

Definitions
Article 2
For the purposes of this Regulation, the following definitions shall apply:
(a)
‘GFCM Geographical Sub-Areas’ (‘GSAs’) means General Fisheries Commission for the Mediterranean (‘GFCM’) Geographical Sub-Areas as defined in the Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council(5);
(b)
‘Adriatic Sea’ means GFCM Geographical Sub-Areas 17 and 18;
(c)
‘South-Eastern Mediterranean Sea’ means GFCM Geographical Sub-Areas 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26 and 27.

De minimis exemption
Article 3
1. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities of species may be discarded pursuant to Article 15(4), point (c) of Regulation (EU) No 1380/2013:
(a)
in the Adriatic Sea:
(i)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(ii)
or hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(iii)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using rapido (TBB);
(iv)
for common sole (Solea solea), up to 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(v)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), gilthead seabream (Sparus aurata) and deep-water rose shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(vi)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(vii)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish(Polyprion americanus), common sole (Solea solea) and gilthead seabream(Sparus aurata), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX);
(viii)
for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls.
(b)
in the south-eastern Mediterranean Sea:
(i)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(ii)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(iii)
for deep-water ros e shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of that species caught by vessels using bottom trawls;
(iv)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus) gilthead seabream (Sparus aurata) Norway Lobster (Nephrops norvegicus) and common sole (Solea solea), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(v)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus gilthead seabream (Sparus aurata), common sole (Solea solea), lobster (Homarus gammarus) and crawfish (Palinuridae), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species;
(vi)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), red seabream (Pagellus bogaraveo), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), hake (Merluccius merluccius) and gilthead seabream (Sparus aurata), up to a maximum of 1 % of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 3 % of the total annual catches of those species;
(vii)
for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls.
2. By 1 May 2022, the Member States having a direct management interest in the fisheries in the Adriatic and south-eastern Mediterranean Sea shall submit to the Commission additional data based on the ongoing studies and an evaluation of the impact of the exemption and any other relevant scientific information supporting the exemption laid down in paragraph 1, points (a)(viii) and (b)(vii). The STECF shall assess those data and that information by 31 July 2022 at the latest.

Entry into force and application
Article 4
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2022 until 31 December 2023.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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(1), and in particular Article 15(7),
(1) Commission Delegated Regulation (EU) 2017/86(2)establishes a discard plan for certain demersal fisheries in the Mediterranean Sea applicable from 1 January 2017 until 31 December 2019, following three joint recommendations submitted to the Commission in 2016 by a number of Member States having a direct management interest in the fisheries in the Mediterranean Sea (Greece, Spain, France, Croatia, Italy, Cyprus, Malta and Slovenia). Those three joint recommendations concerned respectively the western Mediterranean Sea, the Adriatic Sea and the south-eastern Mediterranean Sea.
(2) In order to avoid disproportionate costs of handling unwanted catches, Delegated Regulation (EU) 2017/86 established ade minimisexemption that applies to demersal species. This Regulation expires on 31 December 2021.
(3) Croatia, Italy and Slovenia (‘Adriatica High-Level Group’) and Greece, Italy, Cyprus and Malta (‘Sudestmed High-Level Group’) have a direct fisheries management interest in the Adriatic Sea and south-eastern Mediterranean Sea respectively. On 7 and 14 May 2021, the Adriatica High-Level Group and Sudestmed High-Level Group submitted scientific evidence to request the extension of thede minimisexemption laid down in Delegated Regulation (EU) 2017/86.
(4) Thede minimisexemptions for small pelagic species in fisheries targeting those species are set out in Commission Delegated Regulation (EU) 2018/161(3). By contrast,de minimisexemptions for by-catches of small pelagic species made in demersal fisheries should be included in this Regulation as requested in the scientific evidence submitted by the High-Level Groups.
(5) The scientific evidence was assessed by the Scientific, Technical and Economic Committee for Fisheries (‘STECF’) between 17 and 21 May 2021(4). On 13 and 21 July 2021, the Adriatica and Sudestmed High-Level Groups submitted respectively updated scientific evidence that was aligned with the STECF scientific advice.
(6) The Commission notes that in the Adriatic Sea and south-eastern Mediterranean Sea, species are caught at the same time, at highly varying quantities, making a single stock approach challenging. Those species are furthermore caught by small-scale fishing vessels and landed in many different landing points spread out geographically along the coast,that results in disproportionate costs of handling unwanted catches.
(7) The STECF noted that the combinedde minimisapproach included in the scientific evidence provided, covers a broad group of species with a wide range of discard rates but considered such broad coverage a valid approach given the complexity of the fisheries in the Adriatic Sea and south-easten Mediterranean Sea. Furthermore, the STECF considered that individualde minimisexemptions covering a single species would likely result in many separate exemptions that would be equally challenging to monitor.
(8) The Adriatica High-Level group has provided updated scientific evidence on disproportionate costs of handling unwanted catches. Although STECF noted that estimates of the increase in costs are provided, it stressed the difficulties to judge at which level costs are disproportionate. The STECF noted that the information provided on disproportionate costs could be further completed and that an evaluation of the impacts of the exemption should be undertaken. The STECF further noted that reducing the level of unwanted catches through the use of selective gears or marine protected areas should be prioritised. The Commission welcomes the commitment taken by the Adriatica High-Level Group to further work on selectivity and fisheries spatial restrictions as a priority to achieve the reduction of unwanted catches. The Commission considers that the exemption should be extended with the proposed percentage levels.
(9) The updated scientific evidence for the Adriatic proposes extending thede minimisexemption, for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX). The STECF considered that the discard rate is very significant for this fishery, but that selectivity projects are still ongoing. The Commission considers that the exemption should be extended for one year, with the proposed percentage levels. The Adriatic High-Level Group should submit by 1 May 2022 additional data, based on the ongoing studies and an evaluation of the impact of the exemption.
(10) The Sudestmed High-Level Group has provided updated scientific evidence on disproportionate costs of handling unwanted catches. Although STECF noted that estimates of the increase in costs are provided, it stressed the difficulties to judge at which level costs are disproportionate. The STECF noted that the information provided on disproportionate costs could be further completed and that an evaluation of the impacts of the exemption should be undertaken. The STECF further noted that reducing the level of unwanted catches through the use of selective gears or marine protected areas should be prioritised. The Commission welcomes the commitment taken by the Sudestmed High-Level Group to further work on selectivity and fisheries spatial restrictions as a priority to achieve the reduction of unwanted catches. The Commission considers that the exemption should be extended with the proposed percentage levels.
(11) Given the high number of different species caught at the same time in demersal fishing operations using hooks, lines, gillnets and trammel nets in the south-eastern Mediterranean Sea, the Sudestmed High-Level Group has proposed a differentde minimisfor some species when more frequently caught benefiting from lowerde minimisthreshold than when less frequently caught. Given that this reflects the reality of the mixed fisheries in the south-eastern Mediterranean Sea, the Commission considers that the exemption should be granted with the proposed percentage levels.
(12) The updated scientific evidence provided for the south-eastern Mediterranean Sea proposes extending thede minimisexemption, for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % in for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX). The STECF considered that the discard rate is very significant for this fishery, but that selectivity projects are ongoing. The Commission considers that the exemption should be extended for one year, with the proposed percentage levels. The Sudestmed High-Level Group should submit by 1 May 2022 additional data, based on the ongoing studies and an evaluation of the impact of the exemption.
(13) In their updated scientific evidences, Member States renewed their commitment to increase the selectivity of the fishing gears in accordance with the results of current research programmes in order to reduce and limit unwanted catches and particularly catches below minimum conservation reference sizes.
(14) In their updated scientific evidences, Member States also committed to identify further closure areas in order to reduce juvenile mortality.
(15) The measures requested are in line with Article 15(4), point (c).
(16) Since the measures provided for in this Regulation impact directly on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication. For the purpose of legal certainty, this Regulation should apply from 1 January 2022,
HAS ADOPTED THIS REGULATION:

Implementation of the landing obligation

The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in Union waters of the Adriatic and the south-eastern Mediterranean Sea to demersal fisheries in accordance with this Regulation.

Definitions

For the purposes of this Regulation, the following definitions shall apply:
(a)
‘GFCM Geographical Sub-Areas’ (‘GSAs’) means General Fisheries Commission for the Mediterranean (‘GFCM’) Geographical Sub-Areas as defined in the Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council(5);
(b)
‘Adriatic Sea’ means GFCM Geographical Sub-Areas 17 and 18;
(c)
‘South-Eastern Mediterranean Sea’ means GFCM Geographical Sub-Areas 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26 and 27.

De minimis exemption

1. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities of species may be discarded pursuant to Article 15(4), point (c) of Regulation (EU) No 1380/2013:
(a)
in the Adriatic Sea:
(i)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(ii)
or hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(iii)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using rapido (TBB);
(iv)
for common sole (Solea solea), up to 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(v)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), gilthead seabream (Sparus aurata) and deep-water rose shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(vi)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(vii)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish(Polyprion americanus), common sole (Solea solea) and gilthead seabream(Sparus aurata), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX);
(viii)
for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls.
(b)
in the south-eastern Mediterranean Sea:
(i)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(ii)
for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(iii)
for deep-water ros e shrimp (Parapenaeus longirostris), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of that species caught by vessels using bottom trawls;
(iv)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus) gilthead seabream (Sparus aurata) Norway Lobster (Nephrops norvegicus) and common sole (Solea solea), up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species caught by vessels using bottom trawls;
(v)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus gilthead seabream (Sparus aurata), common sole (Solea solea), lobster (Homarus gammarus) and crawfish (Palinuridae), up to a maximum of 3 % for 2022 and 2023 of the total annual catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 5 % for 2022 and 2023 of the total annual catches of those species;
(vi)
for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.), striped seabream (Lithognathus mormyrus), red seabream (Pagellus bogaraveo), Spanish seabream (Pagellus acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), hake (Merluccius merluccius) and gilthead seabream (Sparus aurata), up to a maximum of 1 % of the total annual catches of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX). In case landings of those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a maximum of 3 % of the total annual catches of those species;
(vii)
for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel (Trachurus spp.), up to a maximum of 5 % for 2022 of the total annual by-catches of those species caught by vessels using bottom trawls.
2. By 1 May 2022, the Member States having a direct management interest in the fisheries in the Adriatic and south-eastern Mediterranean Sea shall submit to the Commission additional data based on the ongoing studies and an evaluation of the impact of the exemption and any other relevant scientific information supporting the exemption laid down in paragraph 1, points (a)(viii) and (b)(vii). The STECF shall assess those data and that information by 31 July 2022 at the latest.

Entry into force and application

This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2022 until 31 December 2023.

Pending: 32021R0954

15.6.2021 EN Official Journal of the European Union L 211/24
(1) Under the Schengenacquis, third-country nationals legally staying or residing in the territories of Member States may move freely within the territories of all other Member States during a period of 90 days in any 180-day period.
(2) On 30 January 2020, the Director-General of the World Health Organization (WHO) declared a public health emergency of international concern over the global outbreak of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which causes coronavirus disease 2019 (COVID-19). On 11 March 2020, the WHO made an assessment characterising COVID-19 as a pandemic.
(3) To limit the spread of SARS-CoV-2, the Member States have adopted some measures which have had an impact on travel to and within the territory of the Member States, such as entry restrictions or requirements for cross-border travellers to undergo quarantine or self-isolation or to be tested for SARS-CoV-2 infection. Such restrictions have detrimental effects on persons and businesses, especially persons living in border regions and travelling across the border on a daily or frequent basis for the purposes of work, business, education, family, medical care or caregiving.
(4) On 13 October 2020, the Council adopted Recommendation (EU) 2020/1475(2)which introduced a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic.
(5) On 30 October 2020, the Council adopted Recommendation (EU) 2020/1632(3)in which it recommended Member States that are bound by the Schengenacquisto apply the general principles, common criteria, common thresholds and common framework of measures, including recommendations on coordination and communication as laid down in Recommendation (EU) 2020/1475.
(6) Many Member States have launched or plan to launch initiatives to issue COVID-19 vaccination certificates. However, for such vaccination certificates to be used effectively in connection with cross-border travel within the Union, they need to be fully interoperable, compatible, secure and verifiable. A common approach is required among Member States on the content, format, principles, technical standards and the level of security of such vaccination certificates.
(7) Before the date of application of this Regulation several Member States already exempted vaccinated persons from certain travel restrictions. Where Member States accept proof of vaccination in order to waive travel restrictions put in place, in accordance with Union law to limit the spread of SARS-CoV-2, such as a requirement to undergo quarantine or self-isolation or to be tested for SARS- CoV-2 infection, they should be required to accept, under the same conditions, vaccination certificates issued by other Member States in accordance with Regulation (EU) 2021/953. of the European Parliament and of the Council(4). Such acceptance should take place under the same conditions, meaning that, for example, where a Member State considers a single dose of a vaccine administered to be sufficient, it should do so also for holders of a vaccination certificate indicating a single dose of the same vaccine.
(8) Harmonised procedures under Regulation (EC) No 726/2004 of the European Parliament and of the Council(5)should not prevent Member States from deciding to accept vaccination certificates issued for other COVID-19 vaccines that have been granted a marketing authorisation by the competent authority of a Member State pursuant to Directive 2001/83/EC of the European Parliament and of the Council(6), vaccines the distribution of which has been temporarily authorised pursuant to Article 5(2) of that Directive, and vaccines that have completed the WHO emergency use listing procedure. Where such a COVID-19 vaccine is subsequently granted a marketing authorisation pursuant to Regulation (EC) No 726/2004, the obligation to accept vaccination certificates under the same conditions would also cover vaccination certificates issued by a Member State for that COVID-19 vaccine, regardless of whether the vaccination certificates were issued before or after the authorisation via the centralised procedure. Regulation (EU) 2021/953 lays down a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic. It applies to Union citizens and third-country nationals who are family members of Union citizens.
(9) In accordance with Articles 19, 20 and 21 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders(7), the third-country nationals covered by those provisions may move freely within the territories of the Member States.
(10) Without prejudice to the common rules on the crossing of internal borders by persons as laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council(8), and for the purpose of facilitating travel within the territories of the Member States by third-country nationals who are entitled to such travel, the framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates established by Regulation (EU) 2021/953 should also apply to third-country nationals who are not already covered by that Regulation, provided that they are legally staying or residing in the territory of a Member State and are entitled to travel to other Member States in accordance with Union law.
(11) This Regulation is intended to facilitate the application of the principles of proportionality and non-discrimination with regard to travel restrictions during the COVID-19 pandemic, while pursuing a high level of public health protection. It should not be understood as facilitating or encouraging the adoption of restrictions to free movement, or restrictions to other fundamental rights, in response to the COVID-19 pandemic. In addition, any requirement for verification of certificates established by Regulation (EU) 2021/953 does not as such justify the temporary reintroduction of border control at internal borders. Checks at internal borders should remain a measure of last resort, subject to specific rules set out in Regulation (EU) 2016/399.
(12) Since this Regulation applies to third-country nationals already legally staying or residing in the territories of the Member States, it should not be understood as granting third-country nationals wishing to travel to a Member State the right to an EU Digital COVID Certificate from that Member State before arrival on its territory. There is no requirement for Member States to issue vaccination certificates at consular posts.
(13) On 30 June 2020, the Council adopted Recommendation (EU) 2020/912(9)on the temporary restriction on non-essential travel into the Union and the possible lifting of such restriction. This Regulation does not cover temporary restrictions on non-essential travel into the Union.
(14) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union (TEU) and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengenacquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.
(15) This Regulation constitutes a development of the provisions of the Schengenacquisin which Ireland does not take part, in accordance with Council Decision 2002/192/EC(10); Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. In order to allow Member States to accept, under the conditions set out in Regulation (EU) 2021/953, COVID-19 certificates issued by Ireland to third-country nationals legally staying or residing in its territory for the purposes of facilitating travel within the territories of the Member States, Ireland should issue those third-country nationals with COVID-19 certificates that comply with the requirements of the EU Digital COVID Certificate trust framework. Ireland and the other Member States should accept certificates issued to third-country nationals covered by this Regulation on a reciprocal basis.
(16) This Regulation constitutes an act building upon, or otherwise relating to, the Schengenacquiswithin, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.
(17) As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengenacquiswithin the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengenacquis(11)which fall within the area referred to in Article 1, point C of Council Decision 1999/437/EC(12).
(18) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengenacquiswithin the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengenacquis(13)which fall within the area referred to in Article 1, point C of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC(14).
(19) As regards Liechtenstein, this Regulation constitutes a development of provisions of the Schengenacquiswithin the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengenacquis(15)which fall within the area referred to in Article 1 point C of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU(16).
(20) Since the objective of this Regulation, namely to facilitate the travel of third-country nationals legally staying or residing in the territories of the Member States during the COVID-19 pandemic by establishing a framework for the issuance, verification and acceptance of interoperable COVID-19 certificates on a person’s COVID-19 vaccination, test result or recovery, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
(21) Given the urgency of the situation related to the COVID-19 pandemic, this Regulation should enter into force on the day of its publication in theOfficial Journal of the European Union.
(22) The European Data Protection Supervisor and the European Data Protection Board were consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council(17)and delivered a joint opinion on 31 March 2021(18),
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(c) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure(1),
(1) Under the Schengenacquis, third-country nationals legally staying or residing in the territories of Member States may move freely within the territories of all other Member States during a period of 90 days in any 180-day period.
(2) On 30 January 2020, the Director-General of the World Health Organization (WHO) declared a public health emergency of international concern over the global outbreak of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which causes coronavirus disease 2019 (COVID-19). On 11 March 2020, the WHO made an assessment characterising COVID-19 as a pandemic.
(3) To limit the spread of SARS-CoV-2, the Member States have adopted some measures which have had an impact on travel to and within the territory of the Member States, such as entry restrictions or requirements for cross-border travellers to undergo quarantine or self-isolation or to be tested for SARS-CoV-2 infection. Such restrictions have detrimental effects on persons and businesses, especially persons living in border regions and travelling across the border on a daily or frequent basis for the purposes of work, business, education, family, medical care or caregiving.
(4) On 13 October 2020, the Council adopted Recommendation (EU) 2020/1475(2)which introduced a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic.
(5) On 30 October 2020, the Council adopted Recommendation (EU) 2020/1632(3)in which it recommended Member States that are bound by the Schengenacquisto apply the general principles, common criteria, common thresholds and common framework of measures, including recommendations on coordination and communication as laid down in Recommendation (EU) 2020/1475.
(6) Many Member States have launched or plan to launch initiatives to issue COVID-19 vaccination certificates. However, for such vaccination certificates to be used effectively in connection with cross-border travel within the Union, they need to be fully interoperable, compatible, secure and verifiable. A common approach is required among Member States on the content, format, principles, technical standards and the level of security of such vaccination certificates.
(7) Before the date of application of this Regulation several Member States already exempted vaccinated persons from certain travel restrictions. Where Member States accept proof of vaccination in order to waive travel restrictions put in place, in accordance with Union law to limit the spread of SARS-CoV-2, such as a requirement to undergo quarantine or self-isolation or to be tested for SARS- CoV-2 infection, they should be required to accept, under the same conditions, vaccination certificates issued by other Member States in accordance with Regulation (EU) 2021/953. of the European Parliament and of the Council(4). Such acceptance should take place under the same conditions, meaning that, for example, where a Member State considers a single dose of a vaccine administered to be sufficient, it should do so also for holders of a vaccination certificate indicating a single dose of the same vaccine.
(8) Harmonised procedures under Regulation (EC) No 726/2004 of the European Parliament and of the Council(5)should not prevent Member States from deciding to accept vaccination certificates issued for other COVID-19 vaccines that have been granted a marketing authorisation by the competent authority of a Member State pursuant to Directive 2001/83/EC of the European Parliament and of the Council(6), vaccines the distribution of which has been temporarily authorised pursuant to Article 5(2) of that Directive, and vaccines that have completed the WHO emergency use listing procedure. Where such a COVID-19 vaccine is subsequently granted a marketing authorisation pursuant to Regulation (EC) No 726/2004, the obligation to accept vaccination certificates under the same conditions would also cover vaccination certificates issued by a Member State for that COVID-19 vaccine, regardless of whether the vaccination certificates were issued before or after the authorisation via the centralised procedure. Regulation (EU) 2021/953 lays down a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic. It applies to Union citizens and third-country nationals who are family members of Union citizens.
(9) In accordance with Articles 19, 20 and 21 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders(7), the third-country nationals covered by those provisions may move freely within the territories of the Member States.
(10) Without prejudice to the common rules on the crossing of internal borders by persons as laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council(8), and for the purpose of facilitating travel within the territories of the Member States by third-country nationals who are entitled to such travel, the framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates established by Regulation (EU) 2021/953 should also apply to third-country nationals who are not already covered by that Regulation, provided that they are legally staying or residing in the territory of a Member State and are entitled to travel to other Member States in accordance with Union law.
(11) This Regulation is intended to facilitate the application of the principles of proportionality and non-discrimination with regard to travel restrictions during the COVID-19 pandemic, while pursuing a high level of public health protection. It should not be understood as facilitating or encouraging the adoption of restrictions to free movement, or restrictions to other fundamental rights, in response to the COVID-19 pandemic. In addition, any requirement for verification of certificates established by Regulation (EU) 2021/953 does not as such justify the temporary reintroduction of border control at internal borders. Checks at internal borders should remain a measure of last resort, subject to specific rules set out in Regulation (EU) 2016/399.
(12) Since this Regulation applies to third-country nationals already legally staying or residing in the territories of the Member States, it should not be understood as granting third-country nationals wishing to travel to a Member State the right to an EU Digital COVID Certificate from that Member State before arrival on its territory. There is no requirement for Member States to issue vaccination certificates at consular posts.
(13) On 30 June 2020, the Council adopted Recommendation (EU) 2020/912(9)on the temporary restriction on non-essential travel into the Union and the possible lifting of such restriction. This Regulation does not cover temporary restrictions on non-essential travel into the Union.
(14) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union (TEU) and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengenacquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.
(15) This Regulation constitutes a development of the provisions of the Schengenacquisin which Ireland does not take part, in accordance with Council Decision 2002/192/EC(10); Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. In order to allow Member States to accept, under the conditions set out in Regulation (EU) 2021/953, COVID-19 certificates issued by Ireland to third-country nationals legally staying or residing in its territory for the purposes of facilitating travel within the territories of the Member States, Ireland should issue those third-country nationals with COVID-19 certificates that comply with the requirements of the EU Digital COVID Certificate trust framework. Ireland and the other Member States should accept certificates issued to third-country nationals covered by this Regulation on a reciprocal basis.
(16) This Regulation constitutes an act building upon, or otherwise relating to, the Schengenacquiswithin, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.
(17) As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengenacquiswithin the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengenacquis(11)which fall within the area referred to in Article 1, point C of Council Decision 1999/437/EC(12).
(18) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengenacquiswithin the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengenacquis(13)which fall within the area referred to in Article 1, point C of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC(14).
(19) As regards Liechtenstein, this Regulation constitutes a development of provisions of the Schengenacquiswithin the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengenacquis(15)which fall within the area referred to in Article 1 point C of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU(16).
(20) Since the objective of this Regulation, namely to facilitate the travel of third-country nationals legally staying or residing in the territories of the Member States during the COVID-19 pandemic by establishing a framework for the issuance, verification and acceptance of interoperable COVID-19 certificates on a person’s COVID-19 vaccination, test result or recovery, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
(21) Given the urgency of the situation related to the COVID-19 pandemic, this Regulation should enter into force on the day of its publication in theOfficial Journal of the European Union.
(22) The European Data Protection Supervisor and the European Data Protection Board were consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council(17)and delivered a joint opinion on 31 March 2021(18),
HAVE ADOPTED THIS REGULATION:

Article 1
Member States shall apply the rules laid down in Regulation (EU) 2021/953 to third-country nationals who do not fall within the scope of that Regulation, but who are legally staying or residing in their territory and who are entitled to travel to other Member States in accordance with Union law.

Article 2
Provided that Ireland has notified the Council and the Commission that it accepts the certificates referred to in Article 3(1) of Regulation (EU) 2021/953 issued by Member States to persons covered by this Regulation, Member States shall accept, under the conditions of Regulation (EU) 2021/953, COVID-19 certificates issued by Ireland in the format that complies with the requirements of the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953 to third-country nationals who are entitled to travel freely within the territory of the Member States.

Article 3
This Regulation shall enter into force on the day of its publication in theOfficial Journal of the European Union.
It shall apply from 1 July 2021 to 30 June 2022.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(c) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure(1),
(1) Under the Schengenacquis, third-country nationals legally staying or residing in the territories of Member States may move freely within the territories of all other Member States during a period of 90 days in any 180-day period.
(2) On 30 January 2020, the Director-General of the World Health Organization (WHO) declared a public health emergency of international concern over the global outbreak of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which causes coronavirus disease 2019 (COVID-19). On 11 March 2020, the WHO made an assessment characterising COVID-19 as a pandemic.
(3) To limit the spread of SARS-CoV-2, the Member States have adopted some measures which have had an impact on travel to and within the territory of the Member States, such as entry restrictions or requirements for cross-border travellers to undergo quarantine or self-isolation or to be tested for SARS-CoV-2 infection. Such restrictions have detrimental effects on persons and businesses, especially persons living in border regions and travelling across the border on a daily or frequent basis for the purposes of work, business, education, family, medical care or caregiving.
(4) On 13 October 2020, the Council adopted Recommendation (EU) 2020/1475(2)which introduced a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic.
(5) On 30 October 2020, the Council adopted Recommendation (EU) 2020/1632(3)in which it recommended Member States that are bound by the Schengenacquisto apply the general principles, common criteria, common thresholds and common framework of measures, including recommendations on coordination and communication as laid down in Recommendation (EU) 2020/1475.
(6) Many Member States have launched or plan to launch initiatives to issue COVID-19 vaccination certificates. However, for such vaccination certificates to be used effectively in connection with cross-border travel within the Union, they need to be fully interoperable, compatible, secure and verifiable. A common approach is required among Member States on the content, format, principles, technical standards and the level of security of such vaccination certificates.
(7) Before the date of application of this Regulation several Member States already exempted vaccinated persons from certain travel restrictions. Where Member States accept proof of vaccination in order to waive travel restrictions put in place, in accordance with Union law to limit the spread of SARS-CoV-2, such as a requirement to undergo quarantine or self-isolation or to be tested for SARS- CoV-2 infection, they should be required to accept, under the same conditions, vaccination certificates issued by other Member States in accordance with Regulation (EU) 2021/953. of the European Parliament and of the Council(4). Such acceptance should take place under the same conditions, meaning that, for example, where a Member State considers a single dose of a vaccine administered to be sufficient, it should do so also for holders of a vaccination certificate indicating a single dose of the same vaccine.
(8) Harmonised procedures under Regulation (EC) No 726/2004 of the European Parliament and of the Council(5)should not prevent Member States from deciding to accept vaccination certificates issued for other COVID-19 vaccines that have been granted a marketing authorisation by the competent authority of a Member State pursuant to Directive 2001/83/EC of the European Parliament and of the Council(6), vaccines the distribution of which has been temporarily authorised pursuant to Article 5(2) of that Directive, and vaccines that have completed the WHO emergency use listing procedure. Where such a COVID-19 vaccine is subsequently granted a marketing authorisation pursuant to Regulation (EC) No 726/2004, the obligation to accept vaccination certificates under the same conditions would also cover vaccination certificates issued by a Member State for that COVID-19 vaccine, regardless of whether the vaccination certificates were issued before or after the authorisation via the centralised procedure. Regulation (EU) 2021/953 lays down a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic. It applies to Union citizens and third-country nationals who are family members of Union citizens.
(9) In accordance with Articles 19, 20 and 21 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders(7), the third-country nationals covered by those provisions may move freely within the territories of the Member States.
(10) Without prejudice to the common rules on the crossing of internal borders by persons as laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council(8), and for the purpose of facilitating travel within the territories of the Member States by third-country nationals who are entitled to such travel, the framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates established by Regulation (EU) 2021/953 should also apply to third-country nationals who are not already covered by that Regulation, provided that they are legally staying or residing in the territory of a Member State and are entitled to travel to other Member States in accordance with Union law.
(11) This Regulation is intended to facilitate the application of the principles of proportionality and non-discrimination with regard to travel restrictions during the COVID-19 pandemic, while pursuing a high level of public health protection. It should not be understood as facilitating or encouraging the adoption of restrictions to free movement, or restrictions to other fundamental rights, in response to the COVID-19 pandemic. In addition, any requirement for verification of certificates established by Regulation (EU) 2021/953 does not as such justify the temporary reintroduction of border control at internal borders. Checks at internal borders should remain a measure of last resort, subject to specific rules set out in Regulation (EU) 2016/399.
(12) Since this Regulation applies to third-country nationals already legally staying or residing in the territories of the Member States, it should not be understood as granting third-country nationals wishing to travel to a Member State the right to an EU Digital COVID Certificate from that Member State before arrival on its territory. There is no requirement for Member States to issue vaccination certificates at consular posts.
(13) On 30 June 2020, the Council adopted Recommendation (EU) 2020/912(9)on the temporary restriction on non-essential travel into the Union and the possible lifting of such restriction. This Regulation does not cover temporary restrictions on non-essential travel into the Union.
(14) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union (TEU) and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengenacquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.
(15) This Regulation constitutes a development of the provisions of the Schengenacquisin which Ireland does not take part, in accordance with Council Decision 2002/192/EC(10); Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. In order to allow Member States to accept, under the conditions set out in Regulation (EU) 2021/953, COVID-19 certificates issued by Ireland to third-country nationals legally staying or residing in its territory for the purposes of facilitating travel within the territories of the Member States, Ireland should issue those third-country nationals with COVID-19 certificates that comply with the requirements of the EU Digital COVID Certificate trust framework. Ireland and the other Member States should accept certificates issued to third-country nationals covered by this Regulation on a reciprocal basis.
(16) This Regulation constitutes an act building upon, or otherwise relating to, the Schengenacquiswithin, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.
(17) As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengenacquiswithin the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengenacquis(11)which fall within the area referred to in Article 1, point C of Council Decision 1999/437/EC(12).
(18) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengenacquiswithin the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengenacquis(13)which fall within the area referred to in Article 1, point C of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC(14).
(19) As regards Liechtenstein, this Regulation constitutes a development of provisions of the Schengenacquiswithin the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengenacquis(15)which fall within the area referred to in Article 1 point C of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU(16).
(20) Since the objective of this Regulation, namely to facilitate the travel of third-country nationals legally staying or residing in the territories of the Member States during the COVID-19 pandemic by establishing a framework for the issuance, verification and acceptance of interoperable COVID-19 certificates on a person’s COVID-19 vaccination, test result or recovery, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
(21) Given the urgency of the situation related to the COVID-19 pandemic, this Regulation should enter into force on the day of its publication in theOfficial Journal of the European Union.
(22) The European Data Protection Supervisor and the European Data Protection Board were consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council(17)and delivered a joint opinion on 31 March 2021(18),
HAVE ADOPTED THIS REGULATION:
Member States shall apply the rules laid down in Regulation (EU) 2021/953 to third-country nationals who do not fall within the scope of that Regulation, but who are legally staying or residing in their territory and who are entitled to travel to other Member States in accordance with Union law.
Provided that Ireland has notified the Council and the Commission that it accepts the certificates referred to in Article 3(1) of Regulation (EU) 2021/953 issued by Member States to persons covered by this Regulation, Member States shall accept, under the conditions of Regulation (EU) 2021/953, COVID-19 certificates issued by Ireland in the format that complies with the requirements of the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953 to third-country nationals who are entitled to travel freely within the territory of the Member States.
This Regulation shall enter into force on the day of its publication in theOfficial Journal of the European Union.
It shall apply from 1 July 2021 to 30 June 2022.

Pending: 32021R0091

29.1.2021 EN Official Journal of the European Union L 31/20
(1) Article 43(3) of the Treaty 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 (STECF).
(3) It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be allocated among Member States in such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy (CFP) established by Regulation (EU) No 1380/2013.
(4) The total allowable catches (‘TACs’) should be established on the basis of available scientific advice from the International Council for the Exploration of the Sea (ICES), 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, and in particular the advisory councils concerned.
(5) For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in point (8) of Article 4(1) of Regulation (EU) No 1380/2013, while taking into account stock-specific factors, including, in particular, available information on stock trends and mixed fisheries considerations.
(6) Pursuant to Article 16(4) of Regulation (EU) No 1380/2013, for stocks subject to specific multiannual plans the TACs should be established in accordance with the rules laid down in those plans. The Western Waters multiannual plan was established by Regulation (EU) 2019/472 of the European Parliament and of the Council(2)and entered into force in 2019. Since the ranges of FMSY cannot be determined for any of the stocks which are covered by this Regulation and which fall within the scope of the Western Waters multiannual plan, fishing opportunities for those stocks should be fixed in accordance with the objectives of that plan and taking into account the best available scientific advice as well as the precautionary approach to fisheries management when no adequate scientific information is available, while also taking into account the difficulty of fishing all stocks at maximum sustainable yield (MSY) at the same time, especially in situations where that leads to a premature closure of the fishery.
(7) Where a TAC relating to a stock is allocated to one Member State only, it is appropriate to empower that Member State, in accordance with Article 2(1) of the Treaty, to determine the level of such TAC. Provisions should be made to ensure that, when fixing that TAC level, the Member State concerned act in a manner fully consistent with the principles and rules of the CFP.
(8) For certain TACs, shared quotas are available for Member States without an allocated quota, indicated as ‘Others’. Member States having used such shared quota may later obtain a quota of their own, e.g. through an exchange. When reporting catches to the Commission in respect of the same TAC, Member States should make the distinction between the catches to be counted against their own quota and the catches to be counted against the shared quota. To allow such distinction, a separate reporting code should be introduced.
(9) Council Regulation (EC) No 847/96(3)introduced additional conditions for year-to-year management of TACs, including flexibility provisions for precautionary and analytical TACs. Under 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. In 2014, a further 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.
(10) In accordance with Regulation (EU) No 1380/2013, the landing obligation applies fully from 1 January 2019 and all species subject to catch limits are to be landed. Article 16(2) of Regulation (EU) No 1380/2013 provides that, when the landing obligation in respect of a fish stock applies, fishing opportunities are to be fixed taking into account the change from fixing fishing opportunities that reflect landings to fixing fishing opportunities that reflect catches. On the basis of the joint recommendations submitted by Member States and in accordance with Article 15 of Regulation (EU) No 1380/2013 and Article 13 of Regulation (EU) 2019/472, the Commission adopted a number of delegated Regulations laying down details for the implementation of the landing obligation in the form of specific discard plans.
(11) When fixing fishing opportunities for stocks of species falling under the landing obligation, account should be taken of the fact that discarding is in principle no longer allowed. Therefore, the fishing opportunities should be based on the advice figure for total catches (instead of the advice figure for wanted catches), as provided by ICES. The amounts that, by way of exception from the landing obligation, may continue to be discarded should be deducted from that advice figure for total catches.
(12) Fixing fishing opportunities should be in accordance with international agreements and principles, such as the 1995 United Nations agreement relating to the conservation and management of straddling fish stocks and highly migratory fish stocks(4), and with the detailed management principles laid down in the International Guidelines for the Management of Deep-sea Fisheries in the High Seas adopted in 2008 by the Food and Agriculture Organization of the United Nations, according to which, in particular, a regulator should be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information should not be used as a reason for postponing or failing to take conservation and management measures.
(13) Catches of red seabream (Pagellus bogaraveo) are made in the areas of the Fishery Committee for the Eastern Central Atlantic (CECAF) and General Fisheries Commission for the Mediterranean (GFCM), which border on ICES subarea 9. Given that ICES data for those adjacent areas are incomplete, the scope of the TAC should remain limited to ICES subarea 9.
(14) Since no agreement has been reached yet with the United Kingdom on TAC levels for straddling fish stocks and in order to establish an appropriate regulatory framework for Union fishing activities until decisions on joint management are taken, provisional fishing opportunities should be fixed for the first three months of 2021. Such provisional fishing opportunities should be fixed at levels that do not prejudge the outcome of the consultations with the relevant third countries and should not jeopardise the possibility of setting permanent TACs in line with scientific advice. Therefore, as a general approach, they should correspond to 25 % of the Union share of the fishing opportunities fixed for 2020. Those provisional fishing opportunities should in no circumstances stand in the way of setting definitive fishing opportunities in accordance with international agreements, in particular the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part(5), and the United Kingdom of Great Britain and Northern Ireland, of the other part, which applies provisionally from 1 January 2021, and the outcome of consultations, the Union legal framework and the scientific advice.
(15) ICES advised not to have catches of orange roughy (Hoplostethus atlanticus) until 2024. It is appropriate for the fishing, retaining on board, transhipping and landing of that species to remain prohibited, as the stock is depleted and is not recovering. ICES noted that there have been no directed Union fisheries for that species in the North-East Atlantic since 2010.
(16) ICES advised to minimise the fishing mortality of deep-sea sharks. The deep-sea sharks are long-lived species with low reproductive rates and have become overexploited. Therefore, fishing for those species should be prohibited.
(17) In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this Regulation should apply from 1 January 2021. In order to allow Member States to ensure a timely application of this Regulation, it should enter into force immediately after its publication,
(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 may be landed from each stock each year;(ii)in all other fisheries, the quantity of fish that may be caught from each stock each year; (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 may be landed from each stock each year; (ii) in all other fisheries, the quantity of fish that may be caught from each stock each year;
(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 may be landed from each stock each year;
(ii) in all other fisheries, the quantity of fish that may be caught from each stock each year;
(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 may be landed from each stock each year;
(ii) in all other fisheries, the quantity of fish that may 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;
(e) ‘International Council for the Exploration of the Sea (ICES) zones’ means the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council(6);
(f) ‘Fishery Committee for the Eastern Central Atlantic (CECAF) areas’ means the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council(7);
(g) ‘deep-sea sharks’ means the species listed in point 2 of Part 1 of the Annex to this Regulation.
(a) be consistent with the principles and rules of the CFP, in particular the principle of sustainable exploitation of the stock; and
(b) result:(i)if analytical assessment is available, in the exploitation of the stock consistent with MSY from 2019 onwards, with as high a probability as possible;(ii)if analytical assessment is unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management. (i) if analytical assessment is available, in the exploitation of the stock consistent with MSY from 2019 onwards, with as high a probability as possible; (ii) if analytical assessment is unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.
(i) if analytical assessment is available, in the exploitation of the stock consistent with MSY from 2019 onwards, with as high a probability as possible;
(ii) if analytical assessment is unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.
(i) if analytical assessment is available, in the exploitation of the stock consistent with MSY from 2019 onwards, with as high a probability as possible;
(ii) if analytical assessment is unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.
(a) the adopted TAC;
(b) the data collected and assessed by Portugal on which the adopted TAC is based;
(c) details on how the adopted TAC comply with paragraph 2.
(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(9);
(c) reallocations made pursuant to Article 12(7) of Regulation (EU) 2017/2403;
(d) additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96 and Article 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.
(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.
(a) 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, tranship or land orange roughy caught in those subareas;
(b) 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 areas 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.
1. For the purposes of this Regulation, the following comparative table of common and scientific names of the species applies:Common nameAlpha-3 codeScientific nameBlack scabbardfishBSFAphanopus carboAlfonsinosALFBeryxspp.Roundnose grenadierRNGCoryphaenoides rupestrisRoughhead grenadierRHGMacrourus berglaxRed seabreamSBRPagellus bogaraveo Common name Alpha-3 code Scientific name Black scabbardfish BSF Aphanopus carbo Alfonsinos ALF Beryxspp. Roundnose grenadier RNG Coryphaenoides rupestris Roughhead grenadier RHG Macrourus berglax Red seabream SBR Pagellus bogaraveo
Common name Alpha-3 code Scientific name
Black scabbardfish BSF Aphanopus carbo
Alfonsinos ALF Beryxspp.
Roundnose grenadier RNG Coryphaenoides rupestris
Roughhead grenadier RHG Macrourus berglax
Red seabream SBR Pagellus bogaraveo
Common name Alpha-3 code Scientific name
Black scabbardfish BSF Aphanopus carbo
Alfonsinos ALF Beryxspp.
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’ mean the following:Common nameAlpha-3 codeScientific nameDeep-water catsharksAPIApristurusspp.Frilled sharkHXCChlamydoselachus anguineusGulper sharksCWOCentrophorusspp.Portuguese dogfishCYOCentroscymnus coelolepisLongnose velvet dogfishCYPCentroscymnus crepidaterBlack dogfishCFBCentroscyllium fabriciiBirdbeak dogfishDCADeania calceaKitefin sharkSCKDalatias lichaGreat lanternsharkETREtmopterus princepsVelvet bellyETXEtmopterus spinaxMouse catsharkGAMGaleus murinusBluntnose six-gill sharkSBLHexanchus griseusSailfin roughshark (Sharpback shark)OXNOxynotus paradoxusKnifetooth dogfishSYRScymnodon ringensGreenland sharkGSKSomniosus microcephalus Common name Alpha-3 code Scientific name Deep-water catsharks API Apristurusspp. Frilled shark HXC Chlamydoselachus anguineus Gulper sharks CWO Centrophorusspp. 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 six-gill shark SBL Hexanchus griseus Sailfin roughshark (Sharpback shark) OXN Oxynotus paradoxus Knifetooth dogfish SYR Scymnodon ringens Greenland shark GSK Somniosus microcephalus
Common name Alpha-3 code Scientific name
Deep-water catsharks API Apristurusspp.
Frilled shark HXC Chlamydoselachus anguineus
Gulper sharks CWO Centrophorusspp.
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 six-gill shark SBL Hexanchus griseus
Sailfin roughshark (Sharpback shark) OXN Oxynotus paradoxus
Knifetooth dogfish SYR Scymnodon ringens
Greenland shark GSK Somniosus microcephalus
Common name Alpha-3 code Scientific name
Deep-water catsharks API Apristurusspp.
Frilled shark HXC Chlamydoselachus anguineus
Gulper sharks CWO Centrophorusspp.
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 six-gill shark SBL Hexanchus griseus
Sailfin roughshark (Sharpback shark) OXN Oxynotus paradoxus
Knifetooth dogfish SYR Scymnodon ringens
Greenland shark GSK Somniosus microcephalus
Species: Black scabbardfishAphanopus carbo Zone: Union and international waters of 5, 6, 7 and 12(BSF/56712-)
Germany 7 Precautionary TACArticle 8 of this Regulation applies
Estonia 4
Ireland 18
Spain 35
France 494
Latvia 23
Lithuania 0
Poland 0
Others 2 (1)
Union 583
United Kingdom 35
TAC 618
Species: Black scabbardfishAphanopus carbo Zone: Union and international waters of 8, 9 and 10(BSF/8910-)
Year 2021 2022 Precautionary TAC
Spain 7 7
France 18 18
Portugal 2 241 2 241
Union 2 266 2 266
TAC 2 266 2 266
Species: Black scabbardfishAphanopus carbo Zone: Union and international waters of CECAF 34.1.2(BSF/C3412-)
Year 2021 2022 Precautionary TACArticle 4 of this Regulation applies
Portugal To be established To be established
Union To be established (2) To be established (2)
TAC To be established (2) To be established (2)
Species: AlfonsinosBeryxspp. Zone: Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14(ALF/3X14-)
Ireland 2 (3) Precautionary TACArticle 8 of this Regulation applies
Spain 14 (3)
France 4 (3)
Portugal 41 (3)
Union 61 (3)
United Kingdom 2 (3)
TAC 63 (3)
Species: Roundnose grenadierCoryphaenoides rupestris Zone: Union and international waters of 3(RNG/03-)
Year 2021 2022 Precautionary TAC
Denmark 4,730 (4)(5) 4,730 (4)(5)
Germany 0,027 (4)(5) 0,027 (4)(5)
Sweden 0,243 (4)(5) 0,243 (4)(5)
Union 5 (4)(5) 5 (4)(5)
TAC 5 (4)(5) 5 (4)(5)
Species: Roundnose grenadierCoryphaenoides rupestris Zone: Union and international waters of 5b, 6 and 7(RNG/5B67-)
Germany 1 (6)(7) Precautionary TACArticle 8 of this Regulation applies
Estonia 9 (6)(7)
Ireland 42 (6)(7)
Spain 10 (6)(7)
France 527 (6)(7)
Lithuania 12 (6)(7)
Poland 6 (6)(7)
Others 1 (6)(7)(8)
Union 608 (6)(7)
United Kingdom 31 (6)(7)
TAC 639 (6)(7)
Species: Roundnose grenadierCoryphaenoides rupestris Zone: Union and international waters of 8, 9, 10, 12 and 14(RNG/8X14-)
Germany 4 (9)(10) Precautionary TACArticle 8 of this Regulation applies
Ireland 1 (9)(10)
Spain 410 (9)(10)
France 19 (9)(10)
Latvia 7 (9)(10)
Lithuania 1 (9)(10)
Poland 128 (9)(10)
Union 570 (9)(10)
United Kingdom 2 (9)(10)
TAC 572 (9)(10)
Species: Red seabreamPagellus bogaraveo Zone: Union and international waters of 6, 7 and 8(SBR/678-)
Ireland 1 (11) Precautionary TACArticle 8 of this Regulation applies
Spain 21 (11)
France 1 (11)
Others 1 (11)(12)
Union 24 (11)
United Kingdom 3 (11)
TAC 27 (11)
Species: Red seabreamPagellus bogaraveo Zone: Union and international waters of 9(SBR/09-)
Year 2021 2022 Precautionary TAC
Spain 93 93
Portugal 25 25
Union 118 118
TAC 119 119
Species: Red seabreamPagellus bogaraveo Zone: Union and international waters of 10(SBR/10-)
Spain 1 Precautionary TACArticle 8 of this Regulation applies
Portugal 136
Union 137
United Kingdom 1
TAC 138
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,
(1) Article 43(3) of the Treaty 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 (STECF).
(3) It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be allocated among Member States in such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy (CFP) established by Regulation (EU) No 1380/2013.
(4) The total allowable catches (‘TACs’) should be established on the basis of available scientific advice from the International Council for the Exploration of the Sea (ICES), 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, and in particular the advisory councils concerned.
(5) For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in point (8) of Article 4(1) of Regulation (EU) No 1380/2013, while taking into account stock-specific factors, including, in particular, available information on stock trends and mixed fisheries considerations.
(6) Pursuant to Article 16(4) of Regulation (EU) No 1380/2013, for stocks subject to specific multiannual plans the TACs should be established in accordance with the rules laid down in those plans. The Western Waters multiannual plan was established by Regulation (EU) 2019/472 of the European Parliament and of the Council(2)and entered into force in 2019. Since the ranges of FMSY cannot be determined for any of the stocks which are covered by this Regulation and which fall within the scope of the Western Waters multiannual plan, fishing opportunities for those stocks should be fixed in accordance with the objectives of that plan and taking into account the best available scientific advice as well as the precautionary approach to fisheries management when no adequate scientific information is available, while also taking into account the difficulty of fishing all stocks at maximum sustainable yield (MSY) at the same time, especially in situations where that leads to a premature closure of the fishery.
(7) Where a TAC relating to a stock is allocated to one Member State only, it is appropriate to empower that Member State, in accordance with Article 2(1) of the Treaty, to determine the level of such TAC. Provisions should be made to ensure that, when fixing that TAC level, the Member State concerned act in a manner fully consistent with the principles and rules of the CFP.
(8) For certain TACs, shared quotas are available for Member States without an allocated quota, indicated as ‘Others’. Member States having used such shared quota may later obtain a quota of their own, e.g. through an exchange. When reporting catches to the Commission in respect of the same TAC, Member States should make the distinction between the catches to be counted against their own quota and the catches to be counted against the shared quota. To allow such distinction, a separate reporting code should be introduced.
(9) Council Regulation (EC) No 847/96(3)introduced additional conditions for year-to-year management of TACs, including flexibility provisions for precautionary and analytical TACs. Under 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. In 2014, a further 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.
(10) In accordance with Regulation (EU) No 1380/2013, the landing obligation applies fully from 1 January 2019 and all species subject to catch limits are to be landed. Article 16(2) of Regulation (EU) No 1380/2013 provides that, when the landing obligation in respect of a fish stock applies, fishing opportunities are to be fixed taking into account the change from fixing fishing opportunities that reflect landings to fixing fishing opportunities that reflect catches. On the basis of the joint recommendations submitted by Member States and in accordance with Article 15 of Regulation (EU) No 1380/2013 and Article 13 of Regulation (EU) 2019/472, the Commission adopted a number of delegated Regulations laying down details for the implementation of the landing obligation in the form of specific discard plans.
(11) When fixing fishing opportunities for stocks of species falling under the landing obligation, account should be taken of the fact that discarding is in principle no longer allowed. Therefore, the fishing opportunities should be based on the advice figure for total catches (instead of the advice figure for wanted catches), as provided by ICES. The amounts that, by way of exception from the landing obligation, may continue to be discarded should be deducted from that advice figure for total catches.
(12) Fixing fishing opportunities should be in accordance with international agreements and principles, such as the 1995 United Nations agreement relating to the conservation and management of straddling fish stocks and highly migratory fish stocks(4), and with the detailed management principles laid down in the International Guidelines for the Management of Deep-sea Fisheries in the High Seas adopted in 2008 by the Food and Agriculture Organization of the United Nations, according to which, in particular, a regulator should be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information should not be used as a reason for postponing or failing to take conservation and management measures.
(13) Catches of red seabream (Pagellus bogaraveo) are made in the areas of the Fishery Committee for the Eastern Central Atlantic (CECAF) and General Fisheries Commission for the Mediterranean (GFCM), which border on ICES subarea 9. Given that ICES data for those adjacent areas are incomplete, the scope of the TAC should remain limited to ICES subarea 9.
(14) Since no agreement has been reached yet with the United Kingdom on TAC levels for straddling fish stocks and in order to establish an appropriate regulatory framework for Union fishing activities until decisions on joint management are taken, provisional fishing opportunities should be fixed for the first three months of 2021. Such provisional fishing opportunities should be fixed at levels that do not prejudge the outcome of the consultations with the relevant third countries and should not jeopardise the possibility of setting permanent TACs in line with scientific advice. Therefore, as a general approach, they should correspond to 25 % of the Union share of the fishing opportunities fixed for 2020. Those provisional fishing opportunities should in no circumstances stand in the way of setting definitive fishing opportunities in accordance with international agreements, in particular the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part(5), and the United Kingdom of Great Britain and Northern Ireland, of the other part, which applies provisionally from 1 January 2021, and the outcome of consultations, the Union legal framework and the scientific advice.
(15) ICES advised not to have catches of orange roughy (Hoplostethus atlanticus) until 2024. It is appropriate for the fishing, retaining on board, transhipping and landing of that species to remain prohibited, as the stock is depleted and is not recovering. ICES noted that there have been no directed Union fisheries for that species in the North-East Atlantic since 2010.
(16) ICES advised to minimise the fishing mortality of deep-sea sharks. The deep-sea sharks are long-lived species with low reproductive rates and have become overexploited. Therefore, fishing for those species should be prohibited.
(17) In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this Regulation should apply from 1 January 2021. In order to allow Member States to ensure a timely application of this Regulation, it should enter into force immediately after its publication,
HAS ADOPTED THIS REGULATION:

Subject matter
Article 1
This Regulation fixes, for the years 2021 and 2022, 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
Article 2
For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013 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 may be landed from each stock each year;
(ii)
in all other fisheries, the quantity of fish that may 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;
(e)
‘International Council for the Exploration of the Sea (ICES) zones’ means the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council(6);
(f)
‘Fishery Committee for the Eastern Central Atlantic (CECAF) areas’ means the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council(7);
(g)
‘deep-sea sharks’ means the species listed in point 2 of Part 1 of the Annex to this Regulation.

TACs and allocations
Article 3
1. The TACs for deep-sea species caught by Union fishing vessels in Union waters and 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.
2. Union fishing vessels may be authorised to fish, within the TACs set out in the Annex to this Regulation, in waters falling within the fisheries jurisdiction of the United Kingdom, subject to the conditions set out in Regulation (EU) 2017/2403 of the European Parliament and of the Council(8)and its implementing provisions.

Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom and licensed by a fisheries administration of the United Kingdom
Article 4
Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom and licensed by a fisheries administration of the United Kingdom may be authorised to fish in Union waters within the TACs set out in the Annex to this Regulation, and shall be subject to the conditions set out in Regulation (EU) 2017/2403.

TACs to be determined by Member States
Article 5
1. The TAC for black scabbardfish (Aphanopus carbo) in CECAF area 34.1.2 shall be determined by Portugal. This stock is identified in the Annex.
2. The TAC to be determined by Portugal shall:
(a)
be consistent with the principles and rules of the CFP, in particular the principle of sustainable exploitation of the stock; and
(b)
result:
(i)
if analytical assessment is available, in the exploitation of the stock consistent with MSY from 2019 onwards, with as high a probability as possible;
(ii)
if analytical assessment is unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.
3. By 15 March of each year, Portugal shall submit the following information to the Commission:
(a)
the adopted TAC;
(b)
the data collected and assessed by Portugal on which the adopted TAC is based;
(c)
details on how the adopted TAC comply with paragraph 2.

Special provisions on the allocation of fishing opportunities
Article 6
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(9);
(c)
reallocations made pursuant to Article 12(7) of Regulation (EU) 2017/2403;
(d)
additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96 and Article 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.
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 by-catches
Article 7
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.

Application of provisional TACs
Article 8
1. Where a reference is made to this Article in a table set out in the Annex to this Regulation, the fishing opportunities in that table are provisional and shall apply from 1 January to 31 March 2021. Those provisional fishing opportunities shall be without prejudice to setting definitive fishing opportunities for 2021 and 2022 in accordance with the outcomes of international negotiations and/or consultations, the scientific advice, the applicable provisions of Regulation (EU) No 1380/2013 and relevant multiannual plans.
2. Union fishing vessels may fish for stocks subject to provisional fishing opportunities referred to in paragraph 1 in Union and international waters and in waters of third countries that have granted access to their waters for Union fishing vessels.

Prohibition
Article 9
The following shall be prohibited for Union fishing vessels:
(a)
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, tranship or land orange roughy caught in those subareas;
(b)
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 areas 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.

Data transmission
Article 10
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
Article 11
This Regulation shall enter into force on the day of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2021.

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,
(1) Article 43(3) of the Treaty 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 (STECF).
(3) It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be allocated among Member States in such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy (CFP) established by Regulation (EU) No 1380/2013.
(4) The total allowable catches (‘TACs’) should be established on the basis of available scientific advice from the International Council for the Exploration of the Sea (ICES), 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, and in particular the advisory councils concerned.
(5) For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in point (8) of Article 4(1) of Regulation (EU) No 1380/2013, while taking into account stock-specific factors, including, in particular, available information on stock trends and mixed fisheries considerations.
(6) Pursuant to Article 16(4) of Regulation (EU) No 1380/2013, for stocks subject to specific multiannual plans the TACs should be established in accordance with the rules laid down in those plans. The Western Waters multiannual plan was established by Regulation (EU) 2019/472 of the European Parliament and of the Council(2)and entered into force in 2019. Since the ranges of FMSY cannot be determined for any of the stocks which are covered by this Regulation and which fall within the scope of the Western Waters multiannual plan, fishing opportunities for those stocks should be fixed in accordance with the objectives of that plan and taking into account the best available scientific advice as well as the precautionary approach to fisheries management when no adequate scientific information is available, while also taking into account the difficulty of fishing all stocks at maximum sustainable yield (MSY) at the same time, especially in situations where that leads to a premature closure of the fishery.
(7) Where a TAC relating to a stock is allocated to one Member State only, it is appropriate to empower that Member State, in accordance with Article 2(1) of the Treaty, to determine the level of such TAC. Provisions should be made to ensure that, when fixing that TAC level, the Member State concerned act in a manner fully consistent with the principles and rules of the CFP.
(8) For certain TACs, shared quotas are available for Member States without an allocated quota, indicated as ‘Others’. Member States having used such shared quota may later obtain a quota of their own, e.g. through an exchange. When reporting catches to the Commission in respect of the same TAC, Member States should make the distinction between the catches to be counted against their own quota and the catches to be counted against the shared quota. To allow such distinction, a separate reporting code should be introduced.
(9) Council Regulation (EC) No 847/96(3)introduced additional conditions for year-to-year management of TACs, including flexibility provisions for precautionary and analytical TACs. Under 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. In 2014, a further 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.
(10) In accordance with Regulation (EU) No 1380/2013, the landing obligation applies fully from 1 January 2019 and all species subject to catch limits are to be landed. Article 16(2) of Regulation (EU) No 1380/2013 provides that, when the landing obligation in respect of a fish stock applies, fishing opportunities are to be fixed taking into account the change from fixing fishing opportunities that reflect landings to fixing fishing opportunities that reflect catches. On the basis of the joint recommendations submitted by Member States and in accordance with Article 15 of Regulation (EU) No 1380/2013 and Article 13 of Regulation (EU) 2019/472, the Commission adopted a number of delegated Regulations laying down details for the implementation of the landing obligation in the form of specific discard plans.
(11) When fixing fishing opportunities for stocks of species falling under the landing obligation, account should be taken of the fact that discarding is in principle no longer allowed. Therefore, the fishing opportunities should be based on the advice figure for total catches (instead of the advice figure for wanted catches), as provided by ICES. The amounts that, by way of exception from the landing obligation, may continue to be discarded should be deducted from that advice figure for total catches.
(12) Fixing fishing opportunities should be in accordance with international agreements and principles, such as the 1995 United Nations agreement relating to the conservation and management of straddling fish stocks and highly migratory fish stocks(4), and with the detailed management principles laid down in the International Guidelines for the Management of Deep-sea Fisheries in the High Seas adopted in 2008 by the Food and Agriculture Organization of the United Nations, according to which, in particular, a regulator should be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information should not be used as a reason for postponing or failing to take conservation and management measures.
(13) Catches of red seabream (Pagellus bogaraveo) are made in the areas of the Fishery Committee for the Eastern Central Atlantic (CECAF) and General Fisheries Commission for the Mediterranean (GFCM), which border on ICES subarea 9. Given that ICES data for those adjacent areas are incomplete, the scope of the TAC should remain limited to ICES subarea 9.
(14) Since no agreement has been reached yet with the United Kingdom on TAC levels for straddling fish stocks and in order to establish an appropriate regulatory framework for Union fishing activities until decisions on joint management are taken, provisional fishing opportunities should be fixed for the first three months of 2021. Such provisional fishing opportunities should be fixed at levels that do not prejudge the outcome of the consultations with the relevant third countries and should not jeopardise the possibility of setting permanent TACs in line with scientific advice. Therefore, as a general approach, they should correspond to 25 % of the Union share of the fishing opportunities fixed for 2020. Those provisional fishing opportunities should in no circumstances stand in the way of setting definitive fishing opportunities in accordance with international agreements, in particular the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part(5), and the United Kingdom of Great Britain and Northern Ireland, of the other part, which applies provisionally from 1 January 2021, and the outcome of consultations, the Union legal framework and the scientific advice.
(15) ICES advised not to have catches of orange roughy (Hoplostethus atlanticus) until 2024. It is appropriate for the fishing, retaining on board, transhipping and landing of that species to remain prohibited, as the stock is depleted and is not recovering. ICES noted that there have been no directed Union fisheries for that species in the North-East Atlantic since 2010.
(16) ICES advised to minimise the fishing mortality of deep-sea sharks. The deep-sea sharks are long-lived species with low reproductive rates and have become overexploited. Therefore, fishing for those species should be prohibited.
(17) In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this Regulation should apply from 1 January 2021. In order to allow Member States to ensure a timely application of this Regulation, it should enter into force immediately after its publication,
HAS ADOPTED THIS REGULATION:

Subject matter

This Regulation fixes, for the years 2021 and 2022, 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

For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013 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 may be landed from each stock each year;
(ii)
in all other fisheries, the quantity of fish that may 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;
(e)
‘International Council for the Exploration of the Sea (ICES) zones’ means the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council(6);
(f)
‘Fishery Committee for the Eastern Central Atlantic (CECAF) areas’ means the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council(7);
(g)
‘deep-sea sharks’ means the species listed in point 2 of Part 1 of the Annex to this Regulation.

TACs and allocations

1. The TACs for deep-sea species caught by Union fishing vessels in Union waters and 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.
2. Union fishing vessels may be authorised to fish, within the TACs set out in the Annex to this Regulation, in waters falling within the fisheries jurisdiction of the United Kingdom, subject to the conditions set out in Regulation (EU) 2017/2403 of the European Parliament and of the Council(8)and its implementing provisions.

Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom and licensed by a fisheries administration of the United Kingdom

Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom and licensed by a fisheries administration of the United Kingdom may be authorised to fish in Union waters within the TACs set out in the Annex to this Regulation, and shall be subject to the conditions set out in Regulation (EU) 2017/2403.

TACs to be determined by Member States

1. The TAC for black scabbardfish (Aphanopus carbo) in CECAF area 34.1.2 shall be determined by Portugal. This stock is identified in the Annex.
2. The TAC to be determined by Portugal shall:
(a)
be consistent with the principles and rules of the CFP, in particular the principle of sustainable exploitation of the stock; and
(b)
result:
(i)
if analytical assessment is available, in the exploitation of the stock consistent with MSY from 2019 onwards, with as high a probability as possible;
(ii)
if analytical assessment is unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.
3. By 15 March of each year, Portugal shall submit the following information to the Commission:
(a)
the adopted TAC;
(b)
the data collected and assessed by Portugal on which the adopted TAC is based;
(c)
details on how the adopted TAC comply 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(9);
(c)
reallocations made pursuant to Article 12(7) of Regulation (EU) 2017/2403;
(d)
additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96 and Article 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.
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 by-catches

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.

Application of provisional TACs

1. Where a reference is made to this Article in a table set out in the Annex to this Regulation, the fishing opportunities in that table are provisional and shall apply from 1 January to 31 March 2021. Those provisional fishing opportunities shall be without prejudice to setting definitive fishing opportunities for 2021 and 2022 in accordance with the outcomes of international negotiations and/or consultations, the scientific advice, the applicable provisions of Regulation (EU) No 1380/2013 and relevant multiannual plans.
2. Union fishing vessels may fish for stocks subject to provisional fishing opportunities referred to in paragraph 1 in Union and international waters and in waters of third countries that have granted access to their waters for Union fishing vessels.

Prohibition

The following shall be prohibited for Union fishing vessels:
(a)
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, tranship or land orange roughy caught in those subareas;
(b)
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 areas 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.

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 day of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2021.

PART 1

ANNEX
Comparative table of common and scientific names and definition

| 1. | For the purposes of this Regulation, the following comparative table of common and scientific names of the species applies:Common nameAlpha-3 codeScientific nameBlack scabbardfishBSFAphanopus carboAlfonsinosALFBeryxspp.Roundnose grenadierRNGCoryphaenoides rupestrisRoughhead grenadierRHGMacrourus berglaxRed seabreamSBRPagellus bogaraveo | Common name | Alpha-3 code | Scientific name | Black scabbardfish | BSF | Aphanopus carbo | Alfonsinos | ALF | Beryxspp. | Roundnose grenadier | RNG | Coryphaenoides rupestris | Roughhead grenadier | RHG | Macrourus berglax | Red seabream | SBR | Pagellus bogaraveo
Common name | Alpha-3 code | Scientific name
Black scabbardfish | BSF | Aphanopus carbo
Alfonsinos | ALF | Beryxspp.
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’ mean the following:Common nameAlpha-3 codeScientific nameDeep-water catsharksAPIApristurusspp.Frilled sharkHXCChlamydoselachus anguineusGulper sharksCWOCentrophorusspp.Portuguese dogfishCYOCentroscymnus coelolepisLongnose velvet dogfishCYPCentroscymnus crepidaterBlack dogfishCFBCentroscyllium fabriciiBirdbeak dogfishDCADeania calceaKitefin sharkSCKDalatias lichaGreat lanternsharkETREtmopterus princepsVelvet bellyETXEtmopterus spinaxMouse catsharkGAMGaleus murinusBluntnose six-gill sharkSBLHexanchus griseusSailfin roughshark (Sharpback shark)OXNOxynotus paradoxusKnifetooth dogfishSYRScymnodon ringensGreenland sharkGSKSomniosus microcephalus | Common name | Alpha-3 code | Scientific name | Deep-water catsharks | API | Apristurusspp. | Frilled shark | HXC | Chlamydoselachus anguineus | Gulper sharks | CWO | Centrophorusspp. | 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 six-gill shark | SBL | Hexanchus griseus | Sailfin roughshark (Sharpback shark) | OXN | Oxynotus paradoxus | Knifetooth dogfish | SYR | Scymnodon ringens | Greenland shark | GSK | Somniosus microcephalus
Common name | Alpha-3 code | Scientific name
Deep-water catsharks | API | Apristurusspp.
Frilled shark | HXC | Chlamydoselachus anguineus
Gulper sharks | CWO | Centrophorusspp.
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 six-gill shark | SBL | Hexanchus griseus
Sailfin roughshark (Sharpback shark) | OXN | Oxynotus paradoxus
Knifetooth dogfish | SYR | Scymnodon ringens
Greenland shark | GSK | Somniosus microcephalusPART 2
Annual fishing opportunities (in tonnes live weight)
Unless otherwise specified, the fishing zones referred to in this Part shall be the ICES zones.
In the list set out in this Part, fish stocks are referred to following the alphabetical order of the scientific names of the species.

Species: | Black scabbardfishAphanopus carbo | Zone: | Union and international waters of 5, 6, 7 and 12(BSF/56712-)
Germany | 7 | | Precautionary TACArticle 8 of this Regulation applies
Estonia | 4 |
Ireland | 18 |
Spain | 35 |
France | 494 |
Latvia | 23 |
Lithuania | 0 |
Poland | 0 |
Others | 2 | (1)
Union | 583 |
United Kingdom | 35 |
TAC | 618 |

Species: | Black scabbardfishAphanopus carbo | Zone: | Union and international waters of 8, 9 and 10(BSF/8910-)
Year | 2021 | | 2022 | | Precautionary TAC
Spain | 7 | | 7 |
France | 18 | | 18 |
Portugal | 2 241 | | 2 241 |
Union | 2 266 | | 2 266 |
TAC | 2 266 | | 2 266 |

Species: | Black scabbardfishAphanopus carbo | Zone: | Union and international waters of CECAF 34.1.2(BSF/C3412-)
Year | 2021 | 2022 | Precautionary TACArticle 4 of this Regulation applies
Portugal | To be established | | To be established |
Union | To be established | (2) | To be established | (2)
TAC | To be established | (2) | To be established | (2)

Species: | AlfonsinosBeryxspp. | Zone: | Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14(ALF/3X14-)
Ireland | 2 | (3) | Precautionary TACArticle 8 of this Regulation applies
Spain | 14 | (3)
France | 4 | (3)
Portugal | 41 | (3)
Union | 61 | (3)
United Kingdom | 2 | (3)
TAC | 63 | (3)

Species: | Roundnose grenadierCoryphaenoides rupestris | Zone: | Union and international waters of 3(RNG/03-)
Year | 2021 | 2022 | Precautionary TAC
Denmark | 4,730 | (4)(5) | 4,730 | (4)(5)
Germany | 0,027 | (4)(5) | 0,027 | (4)(5)
Sweden | 0,243 | (4)(5) | 0,243 | (4)(5)
Union | 5 | (4)(5) | 5 | (4)(5)
TAC | 5 | (4)(5) | 5 | (4)(5)

Species: | Roundnose grenadierCoryphaenoides rupestris | Zone: | Union and international waters of 5b, 6 and 7(RNG/5B67-)
Germany | 1 | (6)(7) | Precautionary TACArticle 8 of this Regulation applies
Estonia | 9 | (6)(7)
Ireland | 42 | (6)(7)
Spain | 10 | (6)(7)
France | 527 | (6)(7)
Lithuania | 12 | (6)(7)
Poland | 6 | (6)(7)
Others | 1 | (6)(7)(8)
Union | 608 | (6)(7)
United Kingdom | 31 | (6)(7)
TAC | 639 | (6)(7)

Species: | Roundnose grenadierCoryphaenoides rupestris | Zone: | Union and international waters of 8, 9, 10, 12 and 14(RNG/8X14-)
Germany | 4 | (9)(10) | Precautionary TACArticle 8 of this Regulation applies
Ireland | 1 | (9)(10)
Spain | 410 | (9)(10)
France | 19 | (9)(10)
Latvia | 7 | (9)(10)
Lithuania | 1 | (9)(10)
Poland | 128 | (9)(10)
Union | 570 | (9)(10)
United Kingdom | 2 | (9)(10)
TAC | 572 | (9)(10)

Species: | Red seabreamPagellus bogaraveo | Zone: | Union and international waters of 6, 7 and 8(SBR/678-)
Ireland | 1 | (11) | Precautionary TACArticle 8 of this Regulation applies
Spain | 21 | (11)
France | 1 | (11)
Others | 1 | (11)(12)
Union | 24 | (11)
United Kingdom | 3 | (11)
TAC | 27 | (11)

Species: | Red seabreamPagellus bogaraveo | Zone: | Union and international waters of 9(SBR/09-)
Year | 2021 | | 2022 | | Precautionary TAC
Spain | 93 | | 93 |
Portugal | 25 | | 25 |
Union | 118 | | 118 |
TAC | 119 | | 119 |

Species: | Red seabreamPagellus bogaraveo | Zone: | Union and international waters of 10(SBR/10-)
Spain | 1 | | Precautionary TACArticle 8 of this Regulation applies
Portugal | 136 |
Union | 137 |
United Kingdom | 1 |
TAC | 138 |
(1) Exclusively for by-catches. No directed fisheries are permitted under this quota. Catches to be counted against this shared quota shall be reported separately (BSF/56712_AMS).
(2) Established at the same quantity as for Portugal.
(3) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(4) No directed fisheries for roundnose grenadier are permitted in 3a.
(5) No directed fisheries of roughhead grenadier are permitted. By-catches of roughhead grenadier (RHG/03-) shall be counted against this quota. They shall not exceed 1 % of the quota.
(6) 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 by-catches).
(7) No directed fisheries of roughhead grenadier are permitted. By-catches of roughhead grenadier (RHG/5B67-) shall be counted against this quota. They shall not exceed 1 % of the quota.
(8) Exclusively for by-catches. No directed fisheries are permitted. Catches to be counted against this shared quota shall be reported separately (RNG/5B67_AMS for roundnose grenadier; RHG/5B67_AMS for roughhead grenadier).
(9) 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 by-catches).
(10) No directed fisheries of roughhead grenadier are permitted. By-catches of roughhead grenadier (RHG/8X14-) shall be counted against this quota. They shall not exceed 1 % of the quota.
(11) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(12) Catches to be counted against this shared quota shall be reported separately (SBR/678_AMS).

Pending: 32021R0090

29.1.2021 EN Official Journal of the European Union L 31/1
(1) Article 43(3) of the Treaty 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 (STECF).
(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. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities are to 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 are to 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 (MSY) on a progressive, incremental basis by 2020 where possible, and by 1 January 2025. 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 that Regulation.
(6) STECF concluded that in order to attain the MSY targets for the western Mediterranean fish stocks, swift action is needed and real reductions in fishing mortality are necessary. For 2021, the maximum allowable fishing effort should therefore be reduced by 7,5 % compared to the baseline, to be deducted from 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 on a multiannual management plan for European eel in the Mediterranean Sea, which established management measures for European eel (Anguilla anguilla) in the Mediterranean Sea (GFCM geographical subareas 1 to 27). Those measures include catch or effort 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 or plans for eel and the temporal migration patterns of eel in the Member State. Where national management plans resulting in effort or catch reductions of at least 30 % have been in place before the entry into force of that Recommendation, the catch or fishing effort limits already established and implemented should not be exceeded. The closure should apply to all marine waters of the Mediterranean Sea and to brackish waters such as estuaries, coastal lagoons and transitional waters, in accordance with that Recommendation. Those 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 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 and a fleet capacity ceiling 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 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 authorisations 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 authorised 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 that 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 cause the biological status of the stocks to deteriorate, 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,
(a) European eel (Anguilla anguilla), red coral (Corallium rubrum) and common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea, as defined in point (b) of Article 4;
(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 point (c) of Article 4;
(c) anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea, as defined in point (d) of Article 4;
(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 point (d) of Article 4;
(e) giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily as defined in point (e) of Article 4, in the Ionian Sea as defined in point (f) of Article 4 and in the Levant Sea as defined in point (g) of Article 4;
(f) blackspot seabream (Pagellus bogaraveo) in the Alborean Sea, as defined in point (h) of Article 4;
(g) sprat (Sprattus sprattus) and turbot (Scophthalmus maximus) in the Black Sea, as defined in point (i) of Article 4.
(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; (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;
(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;
(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’ means any anchored equipment floating on the sea surface with the objective of attracting fish.
(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.
(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.
Scientific name Alpha-3 code Common name
Corallium rubrum COL Red coral
Member State Red coralCOL
Greece 12
Spain 0(*1)
France 32
Croatia 28
Italy 40
Species: Red coralCorallium rubrum Zone: Union waters in the Mediterranean Sea – GSA 1-27COL/GF1-27
Greece 1,844 Article 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
Spain 0 (*2)
France 1,400
Croatia 1,226
Italy 1,378
Union 5,848
TAC Not relevant/Not agreed
Scientific name Alpha-3 code Common name
Coryphaena hippurus DOL Common dolphinfish
Member State Common dolphinfishDOL
Italy 797
Malta 130
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
(a) Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion (GSAs 1-2-5-6-7)Stock groupOverall length of vesselsSpainFranceItalyFishing effort group codeRed 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 m2 07200EFF1/MED1_TR1≥ 12 m and < 18 m22 26000EFF1/MED1_TR2≥ 18 m and < 24 m41 7664 7150EFF1/MED1_TR3≥ 24 m14 7105 7370EFF1/MED1_TR4Stock groupOverall length of vesselsSpainFranceItalyFishing effort group codeBlue and red shrimp in GSAs 1, 5, 6 and 7.< 12 m000EFF2/MED1_TR1≥ 12 m and < 18 m1 04400EFF2/MED1_TR2≥ 18 m and < 24 m10 57400EFF2/MED1_TR3≥ 24 m8 48800EFF2/MED1_TR4 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 and 7; Deep-water rose shrimp in GSAs 1, 5 and 6; Norway lobster in GSAs 5 and 6. < 12 m 2 072 0 0 EFF1/MED1_TR1 ≥ 12 m and < 18 m 22 260 0 0 EFF1/MED1_TR2 ≥ 18 m and < 24 m 41 766 4 715 0 EFF1/MED1_TR3 ≥ 24 m 14 710 5 737 0 EFF1/MED1_TR4 Stock group Overall length of vessels Spain France Italy Fishing effort group code Blue and red shrimp in GSAs 1, 5, 6 and 7. < 12 m 0 0 0 EFF2/MED1_TR1 ≥ 12 m and < 18 m 1 044 0 0 EFF2/MED1_TR2 ≥ 18 m and < 24 m 10 574 0 0 EFF2/MED1_TR3 ≥ 24 m 8 488 0 0 EFF2/MED1_TR4
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 and 7; Deep-water rose shrimp in GSAs 1, 5 and 6; Norway lobster in GSAs 5 and 6. < 12 m 2 072 0 0 EFF1/MED1_TR1
≥ 12 m and < 18 m 22 260 0 0 EFF1/MED1_TR2
≥ 18 m and < 24 m 41 766 4 715 0 EFF1/MED1_TR3
≥ 24 m 14 710 5 737 0 EFF1/MED1_TR4
Stock group Overall length of vessels Spain France Italy Fishing effort group code
Blue and red shrimp in GSAs 1, 5, 6 and 7. < 12 m 0 0 0 EFF2/MED1_TR1
≥ 12 m and < 18 m 1 044 0 0 EFF2/MED1_TR2
≥ 18 m and < 24 m 10 574 0 0 EFF2/MED1_TR3
≥ 24 m 8 488 0 0 EFF2/MED1_TR4
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 and 7; Deep-water rose shrimp in GSAs 1, 5 and 6; Norway lobster in GSAs 5 and 6. < 12 m 2 072 0 0 EFF1/MED1_TR1
≥ 12 m and < 18 m 22 260 0 0 EFF1/MED1_TR2
≥ 18 m and < 24 m 41 766 4 715 0 EFF1/MED1_TR3
≥ 24 m 14 710 5 737 0 EFF1/MED1_TR4
Stock group Overall length of vessels Spain France Italy Fishing effort group code
Blue and red shrimp in GSAs 1, 5, 6 and 7. < 12 m 0 0 0 EFF2/MED1_TR1
≥ 12 m and < 18 m 1 044 0 0 EFF2/MED1_TR2
≥ 18 m and < 24 m 10 574 0 0 EFF2/MED1_TR3
≥ 24 m 8 488 0 0 EFF2/MED1_TR4
(b) Corsica Island, Ligurian Sea, Tyrrhenian Sea and Sardinia Island (GSAs 8-9-10-11)Stock groupOverall length of vesselsSpainFranceItalyFishing effort group codeRed 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 m01912 824EFF1/MED2_TR1≥ 12 m and < 18 m076442 487EFF1/MED2_TR2≥ 18 m and < 24 m019128 572EFF1/MED2_TR3≥ 24 m01913 813EFF1/MED2_TR4Stock groupOverall length of vesselsSpainFranceItalyFishing effort group codeGiant red shrimp in GSAs 9, 10 and 11.< 12 m00467EFF2/MED2_TR1≥ 12 m and < 18 m003 447EFF2/MED2_TR2≥ 18 m and < 24 m002 776EFF2/MED2_TR3≥ 24 m00371EFF2/MED2_TR4 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 and 11; Deep-water rose shrimp in GSAs 9, 10 and 11; Norway lobster in GSAs 9 and 10. < 12 m 0 191 2 824 EFF1/MED2_TR1 ≥ 12 m and < 18 m 0 764 42 487 EFF1/MED2_TR2 ≥ 18 m and < 24 m 0 191 28 572 EFF1/MED2_TR3 ≥ 24 m 0 191 3 813 EFF1/MED2_TR4 Stock group Overall length of vessels Spain France Italy Fishing effort group code Giant red shrimp in GSAs 9, 10 and 11. < 12 m 0 0 467 EFF2/MED2_TR1 ≥ 12 m and < 18 m 0 0 3 447 EFF2/MED2_TR2 ≥ 18 m and < 24 m 0 0 2 776 EFF2/MED2_TR3 ≥ 24 m 0 0 371 EFF2/MED2_TR4
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 and 11; Deep-water rose shrimp in GSAs 9, 10 and 11; Norway lobster in GSAs 9 and 10. < 12 m 0 191 2 824 EFF1/MED2_TR1
≥ 12 m and < 18 m 0 764 42 487 EFF1/MED2_TR2
≥ 18 m and < 24 m 0 191 28 572 EFF1/MED2_TR3
≥ 24 m 0 191 3 813 EFF1/MED2_TR4
Stock group Overall length of vessels Spain France Italy Fishing effort group code
Giant red shrimp in GSAs 9, 10 and 11. < 12 m 0 0 467 EFF2/MED2_TR1
≥ 12 m and < 18 m 0 0 3 447 EFF2/MED2_TR2
≥ 18 m and < 24 m 0 0 2 776 EFF2/MED2_TR3
≥ 24 m 0 0 371 EFF2/MED2_TR4
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 and 11; Deep-water rose shrimp in GSAs 9, 10 and 11; Norway lobster in GSAs 9 and 10. < 12 m 0 191 2 824 EFF1/MED2_TR1
≥ 12 m and < 18 m 0 764 42 487 EFF1/MED2_TR2
≥ 18 m and < 24 m 0 191 28 572 EFF1/MED2_TR3
≥ 24 m 0 191 3 813 EFF1/MED2_TR4
Stock group Overall length of vessels Spain France Italy Fishing effort group code
Giant red shrimp in GSAs 9, 10 and 11. < 12 m 0 0 467 EFF2/MED2_TR1
≥ 12 m and < 18 m 0 0 3 447 EFF2/MED2_TR2
≥ 18 m and < 24 m 0 0 2 776 EFF2/MED2_TR3
≥ 24 m 0 0 371 EFF2/MED2_TR4
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 18Maximum level of catches expressed in tonnes live weightSpecies:Small pelagic species (anchovy and sardine)Engraulis encrasicolusandSardina pilchardusZone:Union and International waters of GFCM-GSAs 17 and 18(SP1/GF1718)Union96 625(1)(2)Maximum level of catchesArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not applyTACNot relevantMaximum fleet capacity of trawlers and purse seiners actively fishing for small pelagicsMember StateGearNumber of vesselskWGTCroatiaPS24977 145,5218 537,72ItalyPTM-OTM-PS685134 556,725 852Slovenia(*1)PS4433,738,5 Species: Small pelagic species (anchovy and sardine)Engraulis encrasicolusandSardina pilchardus Zone: Union and International waters of GFCM-GSAs 17 and 18(SP1/GF1718) Union 96 625 (1)(2) Maximum level of catchesArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply TAC Not relevant Member State Gear Number of vessels kW GT Croatia PS 249 77 145,52 18 537,72 Italy PTM-OTM-PS 685 134 556,7 25 852 Slovenia(*1) PS 4 433,7 38,5
Species: Small pelagic species (anchovy and sardine)Engraulis encrasicolusandSardina pilchardus Zone: Union and International waters of GFCM-GSAs 17 and 18(SP1/GF1718)
Union 96 625 (1)(2) Maximum level of catchesArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
TAC Not relevant
Member State Gear Number of vessels kW GT
Croatia PS 249 77 145,52 18 537,72
Italy PTM-OTM-PS 685 134 556,7 25 852
Slovenia(*1) PS 4 433,7 38,5
Species: Small pelagic species (anchovy and sardine)Engraulis encrasicolusandSardina pilchardus Zone: Union and International waters of GFCM-GSAs 17 and 18(SP1/GF1718)
Union 96 625 (1)(2) Maximum level of catchesArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
TAC Not relevant
Member State Gear Number of vessels kW GT
Croatia PS 249 77 145,52 18 537,72
Italy PTM-OTM-PS 685 134 556,7 25 852
Slovenia(*1) PS 4 433,7 38,5
2. Demersal stocks – GSAs 17 and 18Maximum allowable fishing effort (in fishing days) by types of trawls fishing for demersal stocks in GSAs 17 and 18 (Adriatic Sea)Gear typeStocksMember StateFishing effort (fishing days)Year 2021Fishing effort group codeTrawls (OTB)European hake, deep-water rose shrimp, Norway lobster, red mulletCroatia,GSAs 17-1838 148EFF/MED3_OTBItaly,GSAs 17-1898 898EFF/MED3_OTBSlovenia,GSA 17(*2)EFF/MED3_OTBBeam trawls (TBB)Common soleItaly,GSA 177 910EFF/MED3_TBBMaximum fleet capacity of bottom trawler and beam trawl vessels authorised for fishing demersal stocksMember StateGearNumber of vesselskWGTCroatiaOTB49579 867,9913 267,99ItalyOTB-TBB1 363260 618,3747 148Slovenia(*3)OTB111 813,00168,67 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 Croatia,GSAs 17-18 38 148 EFF/MED3_OTB Italy,GSAs 17-18 98 898 EFF/MED3_OTB Slovenia,GSA 17 (*2) EFF/MED3_OTB Beam trawls (TBB) Common sole Italy,GSA 17 7 910 EFF/MED3_TBB Member State Gear Number of vessels kW GT Croatia OTB 495 79 867,99 13 267,99 Italy OTB-TBB 1 363 260 618,37 47 148 Slovenia(*3) OTB 11 1 813,00 168,67
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 Croatia,GSAs 17-18 38 148 EFF/MED3_OTB
Italy,GSAs 17-18 98 898 EFF/MED3_OTB
Slovenia,GSA 17 (*2) EFF/MED3_OTB
Beam trawls (TBB) Common sole Italy,GSA 17 7 910 EFF/MED3_TBB
Member State Gear Number of vessels kW GT
Croatia OTB 495 79 867,99 13 267,99
Italy OTB-TBB 1 363 260 618,37 47 148
Slovenia(*3) OTB 11 1 813,00 168,67
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 Croatia,GSAs 17-18 38 148 EFF/MED3_OTB
Italy,GSAs 17-18 98 898 EFF/MED3_OTB
Slovenia,GSA 17 (*2) EFF/MED3_OTB
Beam trawls (TBB) Common sole Italy,GSA 17 7 910 EFF/MED3_TBB
Member State Gear Number of vessels kW GT
Croatia OTB 495 79 867,99 13 267,99
Italy OTB-TBB 1 363 260 618,37 47 148
Slovenia(*3) OTB 11 1 813,00 168,67
Scientific name Alpha-3 code Common name
Aristaeomorpha foliacea ARS Giant red shrimp
Aristeus antennatus ARA Blue and red shrimp
(a) Maximum number of bottom trawl vessels authorised to fish in the Ionian Sea (GSAs 19-20-21)Member StateGiant red shrimp in Union waters of GSAs 19, 20 and 21Blue and red shrimp in Union waters of GSAs 19, 20 and 21Greece263263Italy410410Malta1515 Member State Giant red shrimp in Union waters of GSAs 19, 20 and 21 Blue and red shrimp in Union waters of GSAs 19, 20 and 21 Greece 263 263 Italy 410 410 Malta 15 15
Member State Giant red shrimp in Union waters of GSAs 19, 20 and 21 Blue and red shrimp in Union waters of GSAs 19, 20 and 21
Greece 263 263
Italy 410 410
Malta 15 15
Member State Giant red shrimp in Union waters of GSAs 19, 20 and 21 Blue and red shrimp in Union waters of GSAs 19, 20 and 21
Greece 263 263
Italy 410 410
Malta 15 15
(b) Maximum number of bottom trawl vessels authorised to fish in Levant Sea (GSAs 24-25-26-27)Member StateGiant red shrimp in Union waters of GSAs 24-25-26-27Blue and red shrimp in Union waters of GSAs 24-25-26-27Italy8080Cyprus66 Member State Giant red shrimp in Union waters of GSAs 24-25-26-27 Blue and red shrimp in Union waters of GSAs 24-25-26-27 Italy 80 80 Cyprus 6 6
Member State Giant red shrimp in Union waters of GSAs 24-25-26-27 Blue and red shrimp in Union waters of GSAs 24-25-26-27
Italy 80 80
Cyprus 6 6
Member State Giant red shrimp in Union waters of GSAs 24-25-26-27 Blue and red shrimp in Union waters of GSAs 24-25-26-27
Italy 80 80
Cyprus 6 6
(c) Maximum number of bottom trawl vessels authorised to fish in Strait of Sicily (GSAs 12-13-14-15-16)Member StateGiant red shrimp in Union waters of GSAs 12-13-14-15-16Blue and red shrimp in Union waters of GSAs 12-13-14-15-16Spain22Italy320320Cyprus11Malta1515 Member State Giant red shrimp in Union waters of GSAs 12-13-14-15-16 Blue and red shrimp in Union waters of GSAs 12-13-14-15-16 Spain 2 2 Italy 320 320 Cyprus 1 1 Malta 15 15
Member State Giant red shrimp in Union waters of GSAs 12-13-14-15-16 Blue and red shrimp in Union waters of GSAs 12-13-14-15-16
Spain 2 2
Italy 320 320
Cyprus 1 1
Malta 15 15
Member State Giant red shrimp in Union waters of GSAs 12-13-14-15-16 Blue and red shrimp in Union waters of GSAs 12-13-14-15-16
Spain 2 2
Italy 320 320
Cyprus 1 1
Malta 15 15
Species: Blackspot seabreamPagellus bogaraveo Zone: Union waters in the Alborean Sea – GSA 1-3SBR/GF1-3
Spain 225 Article 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
Union 225
TAC Not relevant/Not agreed
Scientific name Alpha-3 code Common name
Sprattus sprattus SPR Sprat
Scophthalmus maximus TUR Turbot
Species: SpratSprattus sprattus Zone: Union waters in the Black Sea – GSA 29(SPR/F3742C)
Bulgaria 8 032,50 Analytical quotaArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
Romania 3 442,50
Union 11 475
TAC Not relevant/Not agreed
Species: TurbotScophthalmus maximus Zone: Union waters in the Black Sea – GSA 29(TUR/F3742C)
Bulgaria 75 Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
Romania 75
Union 150 (*1)
TAC 857
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,
(1) Article 43(3) of the Treaty 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 (STECF).
(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. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities are to 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 are to 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 (MSY) on a progressive, incremental basis by 2020 where possible, and by 1 January 2025. 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 that Regulation.
(6) STECF concluded that in order to attain the MSY targets for the western Mediterranean fish stocks, swift action is needed and real reductions in fishing mortality are necessary. For 2021, the maximum allowable fishing effort should therefore be reduced by 7,5 % compared to the baseline, to be deducted from 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 on a multiannual management plan for European eel in the Mediterranean Sea, which established management measures for European eel (Anguilla anguilla) in the Mediterranean Sea (GFCM geographical subareas 1 to 27). Those measures include catch or effort 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 or plans for eel and the temporal migration patterns of eel in the Member State. Where national management plans resulting in effort or catch reductions of at least 30 % have been in place before the entry into force of that Recommendation, the catch or fishing effort limits already established and implemented should not be exceeded. The closure should apply to all marine waters of the Mediterranean Sea and to brackish waters such as estuaries, coastal lagoons and transitional waters, in accordance with that Recommendation. Those 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 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 and a fleet capacity ceiling 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 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 authorisations 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 authorised 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 that 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 cause the biological status of the stocks to deteriorate, 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:

Subject matter
Article 1
This Regulation fixes for 2021 the fishing opportunities applicable in the Mediterranean and Black Seas for certain fish stocks and groups of fish stocks.

Scope
Article 2
1. This Regulation applies to Union fishing vessels exploiting the following fish stocks:
(a)
European eel (Anguilla anguilla), red coral (Corallium rubrum) and common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea, as defined in point (b) of Article 4;
(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 point (c) of Article 4;
(c)
anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea, as defined in point (d) of Article 4;
(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 point (d) of Article 4;
(e)
giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily as defined in point (e) of Article 4, in the Ionian Sea as defined in point (f) of Article 4 and in the Levant Sea as defined in point (g) of Article 4;
(f)
blackspot seabream (Pagellus bogaraveo) in the Alborean Sea, as defined in point (h) of Article 4;
(g)
sprat (Sprattus sprattus) and turbot (Scophthalmus maximus) in the Black Sea, as defined in point (i) of Article 4.
2. This Regulation also applies to recreational fisheries where they are expressly referred to in the relevant provisions.

Definitions
Article 3
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’ means any anchored equipment floating on the sea surface with the objective of attracting fish.

Fishing zones
Article 4
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.

European eel
Article 5
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 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. Member States shall not exceed the maximum level of catches or fishing effort of European eel established and implemented by means of their national management plans, adopted in accordance with Articles 2 and 4 of Regulation 1100/2007.

Red coral
Article 6
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 I.
3. It shall be prohibited for Union fishing vessels subject to paragraph 2 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.

Common dolphinfish
Article 7
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 Union fishing vessels authorised to fish for common dolphinfish is set out in Annex II.

Demersal stocks
Article 8
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 III to this Regulation. Member States shall manage the maximum allowable fishing effort in accordance with Article 9 of Regulation (EU) 2019/1022.

Data transmission
Article 9
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 fishing effort data to the Commission in accordance with this Article, Member States shall use the fishing effort group codes set out in Annex III.

Small pelagic stocks
Article 10
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 IV.
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 Union fishing vessels authorised to fish small pelagics is set out in Annex IV.

Demersal stocks
Article 11
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 and the maximum fleet capacity for demersal stocks within the scope of this Article are set out in Annex IV.
3. Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

Data transmission
Article 12
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 IV.

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 bottom trawl vessels authorised to fish for demersal stocks is set out in Annex V.

Article 14
1. This Article applies to commercial fishing with longlines and handlines by Union fishing vessels catching blackspot seabream (Pagellus bogaraveo) in the Alboran Sea.
2. The maximum level of catches shall not exceed the levels set out in Annex VI.

Allocation of fishing opportunities for sprat
Article 15
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 VII.

Allocation of fishing opportunities for turbot
Article 16
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching turbot (Scophthalmus maximus) 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 VII.

Management of fishing effort for turbot
Article 17
Union fishing vessels authorised to fish for turbot within the scope of Article 16, irrespective of the vessels’ overall length, shall not exceed 180 fishing days per year.

Closure period for turbot
Article 18
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.

Special provisions on allocations of fishing opportunities in the Black Sea
Article 19
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.

Data transmission
Article 20
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 VII.

Entry into force
Article 21
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2021.

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,
(1) Article 43(3) of the Treaty 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 (STECF).
(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. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities are to 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 are to 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 (MSY) on a progressive, incremental basis by 2020 where possible, and by 1 January 2025. 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 that Regulation.
(6) STECF concluded that in order to attain the MSY targets for the western Mediterranean fish stocks, swift action is needed and real reductions in fishing mortality are necessary. For 2021, the maximum allowable fishing effort should therefore be reduced by 7,5 % compared to the baseline, to be deducted from 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 on a multiannual management plan for European eel in the Mediterranean Sea, which established management measures for European eel (Anguilla anguilla) in the Mediterranean Sea (GFCM geographical subareas 1 to 27). Those measures include catch or effort 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 or plans for eel and the temporal migration patterns of eel in the Member State. Where national management plans resulting in effort or catch reductions of at least 30 % have been in place before the entry into force of that Recommendation, the catch or fishing effort limits already established and implemented should not be exceeded. The closure should apply to all marine waters of the Mediterranean Sea and to brackish waters such as estuaries, coastal lagoons and transitional waters, in accordance with that Recommendation. Those 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 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 and a fleet capacity ceiling 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 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 authorisations 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 authorised 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 that 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 cause the biological status of the stocks to deteriorate, 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:

Subject matter

This Regulation fixes for 2021 the fishing opportunities applicable in the Mediterranean and Black Seas for certain fish stocks and groups of fish stocks.

Scope

1. This Regulation applies to Union fishing vessels exploiting the following fish stocks:
(a)
European eel (Anguilla anguilla), red coral (Corallium rubrum) and common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea, as defined in point (b) of Article 4;
(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 point (c) of Article 4;
(c)
anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea, as defined in point (d) of Article 4;
(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 point (d) of Article 4;
(e)
giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily as defined in point (e) of Article 4, in the Ionian Sea as defined in point (f) of Article 4 and in the Levant Sea as defined in point (g) of Article 4;
(f)
blackspot seabream (Pagellus bogaraveo) in the Alborean Sea, as defined in point (h) of Article 4;
(g)
sprat (Sprattus sprattus) and turbot (Scophthalmus maximus) in the Black Sea, as defined in point (i) of Article 4.
2. This Regulation also applies to recreational fisheries where they are expressly referred to in the relevant provisions.

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’ means any anchored equipment floating on the sea surface with the objective of attracting fish.

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.

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 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. Member States shall not exceed the maximum level of catches or fishing effort of European eel established and implemented by means of their national management plans, adopted in accordance with Articles 2 and 4 of Regulation 1100/2007.

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 I.
3. It shall be prohibited for Union fishing vessels subject to paragraph 2 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.

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 Union fishing vessels authorised to fish for common dolphinfish is set out in Annex II.

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

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

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 IV.
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 Union fishing vessels authorised to fish small pelagics is set out in Annex IV.

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 and the maximum fleet capacity for demersal stocks within the scope of this Article are set out in Annex IV.
3. Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

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 IV.
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 bottom trawl vessels authorised to fish for demersal stocks is set out in Annex V.
1. This Article applies to commercial fishing with longlines and handlines by Union fishing vessels catching blackspot seabream (Pagellus bogaraveo) in the Alboran Sea.
2. The maximum level of catches shall not exceed the levels set out in Annex VI.

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 VII.

Allocation of fishing opportunities for turbot

1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching turbot (Scophthalmus maximus) 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 VII.

Management of fishing effort for turbot

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

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.

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.

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 VII.

Entry into force

This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2021.

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

ANNEX IThe tables in this Annex set out the maximum 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 1Maximum number of fishing authorisations (1)
Member State | Red coralCOL
Greece | 12
Spain | 0(*1)
France | 32
Croatia | 28
Italy | 40
Table 2Maximum level of harvested quantities expressed in tonnes live weight
Species: | Red coralCorallium rubrum | Zone: | Union waters in the Mediterranean Sea – GSA 1-27COL/GF1-27
Greece | | 1,844 | | Article 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
Spain | | 0 | (*2)
France | | 1,400 |
Croatia | | 1,226 |
Italy | | 1,378 |
Union | | 5,848 |
TAC | Not relevant/Not agreed |
(1) Representing number of vessels and/or divers, or a pair of one diver with one vessel, authorised to harvest red coral.
(*1) According to the temporal ban for red coral fisheries established in Spanish waters.
(*2) According to the temporal ban for red coral fisheries established in Spanish waters.

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

ANNEX IIThe table in this Annex sets out the maximum number of Union fishing vessels authorised to fish 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 dolphinfishMaximum number of fishing authorisations for vessels operating in international waters

Member State | Common dolphinfishDOL
Italy | 797
Malta | 130

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

ANNEX IIIThe 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 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 shrimpMaximum allowable fishing effort in fishing days

(a) | Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion (GSAs 1-2-5-6-7)Stock groupOverall length of vesselsSpainFranceItalyFishing effort group codeRed 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 m2 07200EFF1/MED1_TR1≥ 12 m and < 18 m22 26000EFF1/MED1_TR2≥ 18 m and < 24 m41 7664 7150EFF1/MED1_TR3≥ 24 m14 7105 7370EFF1/MED1_TR4Stock groupOverall length of vesselsSpainFranceItalyFishing effort group codeBlue and red shrimp in GSAs 1, 5, 6 and 7.< 12 m000EFF2/MED1_TR1≥ 12 m and < 18 m1 04400EFF2/MED1_TR2≥ 18 m and < 24 m10 57400EFF2/MED1_TR3≥ 24 m8 48800EFF2/MED1_TR4 | 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 and 7; Deep-water rose shrimp in GSAs 1, 5 and 6; Norway lobster in GSAs 5 and 6. | < 12 m | 2 072 | 0 | 0 | EFF1/MED1_TR1 | ≥ 12 m and < 18 m | 22 260 | 0 | 0 | EFF1/MED1_TR2 | ≥ 18 m and < 24 m | 41 766 | 4 715 | 0 | EFF1/MED1_TR3 | ≥ 24 m | 14 710 | 5 737 | 0 | EFF1/MED1_TR4 | Stock group | Overall length of vessels | Spain | France | Italy | Fishing effort group code | Blue and red shrimp in GSAs 1, 5, 6 and 7. | < 12 m | 0 | 0 | 0 | EFF2/MED1_TR1 | ≥ 12 m and < 18 m | 1 044 | 0 | 0 | EFF2/MED1_TR2 | ≥ 18 m and < 24 m | 10 574 | 0 | 0 | EFF2/MED1_TR3 | ≥ 24 m | 8 488 | 0 | 0 | EFF2/MED1_TR4
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 and 7; Deep-water rose shrimp in GSAs 1, 5 and 6; Norway lobster in GSAs 5 and 6. | < 12 m | 2 072 | 0 | 0 | EFF1/MED1_TR1
≥ 12 m and < 18 m | 22 260 | 0 | 0 | EFF1/MED1_TR2
≥ 18 m and < 24 m | 41 766 | 4 715 | 0 | EFF1/MED1_TR3
≥ 24 m | 14 710 | 5 737 | 0 | EFF1/MED1_TR4
Stock group | Overall length of vessels | Spain | France | Italy | Fishing effort group code
Blue and red shrimp in GSAs 1, 5, 6 and 7. | < 12 m | 0 | 0 | 0 | EFF2/MED1_TR1
≥ 12 m and < 18 m | 1 044 | 0 | 0 | EFF2/MED1_TR2
≥ 18 m and < 24 m | 10 574 | 0 | 0 | EFF2/MED1_TR3
≥ 24 m | 8 488 | 0 | 0 | EFF2/MED1_TR4
(b) | Corsica Island, Ligurian Sea, Tyrrhenian Sea and Sardinia Island (GSAs 8-9-10-11)Stock groupOverall length of vesselsSpainFranceItalyFishing effort group codeRed 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 m01912 824EFF1/MED2_TR1≥ 12 m and < 18 m076442 487EFF1/MED2_TR2≥ 18 m and < 24 m019128 572EFF1/MED2_TR3≥ 24 m01913 813EFF1/MED2_TR4Stock groupOverall length of vesselsSpainFranceItalyFishing effort group codeGiant red shrimp in GSAs 9, 10 and 11.< 12 m00467EFF2/MED2_TR1≥ 12 m and < 18 m003 447EFF2/MED2_TR2≥ 18 m and < 24 m002 776EFF2/MED2_TR3≥ 24 m00371EFF2/MED2_TR4 | 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 and 11; Deep-water rose shrimp in GSAs 9, 10 and 11; Norway lobster in GSAs 9 and 10. | < 12 m | 0 | 191 | 2 824 | EFF1/MED2_TR1 | ≥ 12 m and < 18 m | 0 | 764 | 42 487 | EFF1/MED2_TR2 | ≥ 18 m and < 24 m | 0 | 191 | 28 572 | EFF1/MED2_TR3 | ≥ 24 m | 0 | 191 | 3 813 | EFF1/MED2_TR4 | Stock group | Overall length of vessels | Spain | France | Italy | Fishing effort group code | Giant red shrimp in GSAs 9, 10 and 11. | < 12 m | 0 | 0 | 467 | EFF2/MED2_TR1 | ≥ 12 m and < 18 m | 0 | 0 | 3 447 | EFF2/MED2_TR2 | ≥ 18 m and < 24 m | 0 | 0 | 2 776 | EFF2/MED2_TR3 | ≥ 24 m | 0 | 0 | 371 | EFF2/MED2_TR4
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 and 11; Deep-water rose shrimp in GSAs 9, 10 and 11; Norway lobster in GSAs 9 and 10. | < 12 m | 0 | 191 | 2 824 | EFF1/MED2_TR1
≥ 12 m and < 18 m | 0 | 764 | 42 487 | EFF1/MED2_TR2
≥ 18 m and < 24 m | 0 | 191 | 28 572 | EFF1/MED2_TR3
≥ 24 m | 0 | 191 | 3 813 | EFF1/MED2_TR4
Stock group | Overall length of vessels | Spain | France | Italy | Fishing effort group code
Giant red shrimp in GSAs 9, 10 and 11. | < 12 m | 0 | 0 | 467 | EFF2/MED2_TR1
≥ 12 m and < 18 m | 0 | 0 | 3 447 | EFF2/MED2_TR2
≥ 18 m and < 24 m | 0 | 0 | 2 776 | EFF2/MED2_TR3
≥ 24 m | 0 | 0 | 371 | EFF2/MED2_TR4
(*1) TBB, OTB, PTB, TBN, TBS, TB, OTM, PTM, TMS, TM, OTT, OT, PT, TX, OTP, TSP.

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE ADRIATIC SEA

ANNEX IVThe 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 Union 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) No 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 18Maximum level of catches expressed in tonnes live weightSpecies:Small pelagic species (anchovy and sardine)Engraulis encrasicolusandSardina pilchardusZone:Union and International waters of GFCM-GSAs 17 and 18(SP1/GF1718)Union96 625(1)(2)Maximum level of catchesArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not applyTACNot relevantMaximum fleet capacity of trawlers and purse seiners actively fishing for small pelagicsMember StateGearNumber of vesselskWGTCroatiaPS24977 145,5218 537,72ItalyPTM-OTM-PS685134 556,725 852Slovenia(*1)PS4433,738,5 | Species: | Small pelagic species (anchovy and sardine)Engraulis encrasicolusandSardina pilchardus | Zone: | Union and International waters of GFCM-GSAs 17 and 18(SP1/GF1718) | Union | 96 625 | (1)(2) | Maximum level of catchesArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply | TAC | Not relevant | Member State | Gear | Number of vessels | kW | GT | Croatia | PS | 249 | 77 145,52 | 18 537,72 | Italy | PTM-OTM-PS | 685 | 134 556,7 | 25 852 | Slovenia(*1) | PS | 4 | 433,7 | 38,5
Species: | Small pelagic species (anchovy and sardine)Engraulis encrasicolusandSardina pilchardus | Zone: | Union and International waters of GFCM-GSAs 17 and 18(SP1/GF1718)
Union | 96 625 | (1)(2) | Maximum level of catchesArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
TAC | Not relevant
Member State | Gear | Number of vessels | kW | GT
Croatia | PS | 249 | 77 145,52 | 18 537,72
Italy | PTM-OTM-PS | 685 | 134 556,7 | 25 852
Slovenia(*1) | PS | 4 | 433,7 | 38,5
2. | Demersal stocks – GSAs 17 and 18Maximum allowable fishing effort (in fishing days) by types of trawls fishing for demersal stocks in GSAs 17 and 18 (Adriatic Sea)Gear typeStocksMember StateFishing effort (fishing days)Year 2021Fishing effort group codeTrawls (OTB)European hake, deep-water rose shrimp, Norway lobster, red mulletCroatia,GSAs 17-1838 148EFF/MED3_OTBItaly,GSAs 17-1898 898EFF/MED3_OTBSlovenia,GSA 17(*2)EFF/MED3_OTBBeam trawls (TBB)Common soleItaly,GSA 177 910EFF/MED3_TBBMaximum fleet capacity of bottom trawler and beam trawl vessels authorised for fishing demersal stocksMember StateGearNumber of vesselskWGTCroatiaOTB49579 867,9913 267,99ItalyOTB-TBB1 363260 618,3747 148Slovenia(*3)OTB111 813,00168,67 | 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 | Croatia,GSAs 17-18 | 38 148 | EFF/MED3_OTB | Italy,GSAs 17-18 | 98 898 | EFF/MED3_OTB | Slovenia,GSA 17 | (*2) | EFF/MED3_OTB | Beam trawls (TBB) | Common sole | Italy,GSA 17 | 7 910 | EFF/MED3_TBB | Member State | Gear | Number of vessels | kW | GT | Croatia | OTB | 495 | 79 867,99 | 13 267,99 | Italy | OTB-TBB | 1 363 | 260 618,37 | 47 148 | Slovenia(*3) | OTB | 11 | 1 813,00 | 168,67
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 | Croatia,GSAs 17-18 | 38 148 | EFF/MED3_OTB
Italy,GSAs 17-18 | 98 898 | EFF/MED3_OTB
Slovenia,GSA 17 | (*2) | EFF/MED3_OTB
Beam trawls (TBB) | Common sole | Italy,GSA 17 | 7 910 | EFF/MED3_TBB
Member State | Gear | Number of vessels | kW | GT
Croatia | OTB | 495 | 79 867,99 | 13 267,99
Italy | OTB-TBB | 1 363 | 260 618,37 | 47 148
Slovenia(*3) | OTB | 11 | 1 813,00 | 168,67
(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) The provision under paragraph 15 of GFCM/42/2018/8 shall not apply to the national fleets of less than ten purse seiners and/or pelagic trawlers actively fishing for small pelagic stocks. In such case, the capacity of the active fleet may increase by not more than 50 percent in number of vessels and in terms of gross tonnage (GT) and/or gross registered tonnage (GRT) and kW.
(*2) 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.
(*3) The provisions of paragraphs 9(c) and 28 of GFCM/43/2019/5 shall not apply to national fleets operating with OTB and fishing for less than 1 000 days during the reference period mentioned in paragraph 9(c). The fishing capacity of the active fleet operating with OTB shall not increase by more than 50 percent with respect to the reference period.

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

ANNEX VThe tables in this Annex set out the maximum number of Union fishing vessels authorised to fish 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 bottom trawl vessels authorised to fish in the Ionian Sea (GSAs 19-20-21)Member StateGiant red shrimp in Union waters of GSAs 19, 20 and 21Blue and red shrimp in Union waters of GSAs 19, 20 and 21Greece263263Italy410410Malta1515 | Member State | Giant red shrimp in Union waters of GSAs 19, 20 and 21 | Blue and red shrimp in Union waters of GSAs 19, 20 and 21 | Greece | 263 | 263 | Italy | 410 | 410 | Malta | 15 | 15
Member State | Giant red shrimp in Union waters of GSAs 19, 20 and 21 | Blue and red shrimp in Union waters of GSAs 19, 20 and 21
Greece | 263 | 263
Italy | 410 | 410
Malta | 15 | 15
(b) | Maximum number of bottom trawl vessels authorised to fish in Levant Sea (GSAs 24-25-26-27)Member StateGiant red shrimp in Union waters of GSAs 24-25-26-27Blue and red shrimp in Union waters of GSAs 24-25-26-27Italy8080Cyprus66 | Member State | Giant red shrimp in Union waters of GSAs 24-25-26-27 | Blue and red shrimp in Union waters of GSAs 24-25-26-27 | Italy | 80 | 80 | Cyprus | 6 | 6
Member State | Giant red shrimp in Union waters of GSAs 24-25-26-27 | Blue and red shrimp in Union waters of GSAs 24-25-26-27
Italy | 80 | 80
Cyprus | 6 | 6
(c) | Maximum number of bottom trawl vessels authorised to fish in Strait of Sicily (GSAs 12-13-14-15-16)Member StateGiant red shrimp in Union waters of GSAs 12-13-14-15-16Blue and red shrimp in Union waters of GSAs 12-13-14-15-16Spain22Italy320320Cyprus11Malta1515 | Member State | Giant red shrimp in Union waters of GSAs 12-13-14-15-16 | Blue and red shrimp in Union waters of GSAs 12-13-14-15-16 | Spain | 2 | 2 | Italy | 320 | 320 | Cyprus | 1 | 1 | Malta | 15 | 15
Member State | Giant red shrimp in Union waters of GSAs 12-13-14-15-16 | Blue and red shrimp in Union waters of GSAs 12-13-14-15-16
Spain | 2 | 2
Italy | 320 | 320
Cyprus | 1 | 1
Malta | 15 | 15

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE ALBORAN SEA

ANNEX VIMaximum level of catches carried out by longlines and headlines expressed in tonnes live weight
Species: | Blackspot seabreamPagellus bogaraveo | Zone: | Union waters in the Alborean Sea – GSA 1-3SBR/GF1-3
Spain | | 225 | Article 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
Union | | 225
TAC | Not relevant/Not agreed

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE BLACK SEA

ANNEX VIIThe 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) No 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
Scophthalmus maximus | TUR | Turbot

Species: | SpratSprattus sprattus | Zone: | Union waters in the Black Sea – GSA 29(SPR/F3742C)
Bulgaria | | | 8 032,50 | Analytical quotaArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
Romania | | | 3 442,50
Union | | | 11 475
TAC | Not relevant/Not agreed

Species: | TurbotScophthalmus maximus | Zone: | Union waters in the Black Sea – GSA 29(TUR/F3742C)
Bulgaria | 75 | | Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply
Romania | 75 |
Union | 150 | (*1)
TAC | 857 |
(*1) No fishing activity, including transhipment, retaining on board, landing and first sale shall be permitted from 15 April to 15 June 2021.

Pending: 32020R2222

28.12.2020 EN Official Journal of the European Union L 437/43
(1) The Agreement on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community(2)(the ‘Withdrawal Agreement’) was concluded by the Union by Council Decision (EU) 2020/135(3)and entered into force on 1 February 2020. The transition period referred to in Article 126 of the Withdrawal Agreement, during which Union law continues to apply to and in the United Kingdom in accordance with Article 127 of the Withdrawal Agreement (the ‘transition period’), ends on 31 December 2020.
(2) Article 10 of the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the construction and operation by private concessionaires of a channel fixed link, signed at Canterbury on 12 February 1986 (the ‘Treaty of Canterbury’) established an Intergovernmental Commission to supervise all matters concerning the construction and operation of the Channel Fixed Link.
(3) Until the end of the transition period, the Intergovernmental Commission constitutes the national safety authority within the meaning of Directive (EU) 2016/798 of the European Parliament and of the Council(4). In that capacity, it applies in the entirety of the Channel Fixed Link the provisions of Union law relevant to railway safety and, under Directive (EU) 2016/797 of the European Parliament and of the Council(5), railway interoperability.
(4) After the end of the transition period, unless otherwise provided, Union law will no longer be applicable to the part of the Channel Fixed Link under the jurisdiction of the United Kingdom and, as regards the part of the Channel Fixed Link under the jurisdiction of France, the Intergovernmental Commission will no longer be a national safety authority under Union law. The safety authorisation for the Channel Fixed Link infrastructure manager and safety certificates for railway undertakings operating through the Channel Fixed Link issued by the Intergovernmental Commission pursuant to Article 11 and Article 10 respectively of Directive 2004/49/EC of the European Parliament and of the Council(6)will cease to be valid from 1 January 2021.
(5) By Decision (EU) 2020/1531 of the European Parliament and of the Council(7), France was empowered to negotiate, sign and conclude an international agreement with the United Kingdom regarding the application of the railway safety and interoperability rules of the Union to the Channel Fixed Link in order to maintain a unified safety regime. Regulation (EU) 2020/1530 of the European Parliament and of the Council(8)amended Directive (EU) 2016/798 as regards, inter alia, the rules pertaining to national safety authorities.
(6) On the basis of Regulation (EU) 2020/1530, and subject to an agreement envisaged by Decision (EU) 2020/1531 and concluded under certain conditions set out in that Decision, the Intergovernmental Commission was to remain the single safety authority for the entirety of the Channel Fixed Link while constituting, as regards the part of the Channel Fixed Link under the jurisdiction of France, the national safety authority within the meaning of point (7) of Article 3, of Directive (EU) 2016/798.It is, however, unlikely that the agreement envisaged by Decision (EU) 2020/1531 will have entered into force by the end of the transition period.
(7) Without such an agreement, as from 1 January 2021, the Intergovernmental Commission will no longer qualify as a national safety authority within the meaning of point (7) of Article 3, of Directive (EU) 2016/798, as regards the part of the Channel Fixed Link under the jurisdiction of France. Safety authorisations and safety certificates issued by the Intergovernmental Commission will cease to be valid. The French national safety authority will become the competent national safety authority for the section of the Channel Fixed Link under the jurisdiction of France.
(8) In light of the economic importance to the Union of the Channel Fixed Link, it is essential that the Channel Fixed Link continues to operate after 1 January 2021. To that end, the safety authorisation for the Channel Fixed Link infrastructure manager issued by the Intergovernmental Commission should remain valid for a maximum period of two months from the date of application of this Regulation, which is enough time to enable the French national safety authority to issue its own safety authorisation.
(9) The licences issued under Chapter III of Directive 2012/34/EU of the European Parliament and of the Council(9)to railway undertakings established in the United Kingdom will no longer be valid after the end of the transition period. On 10 November 2020, pursuant to Article 14(3) of Directive 2012/34/EU, France notified the Commission of its intention to enter into negotiations on a cross-border agreement with the United Kingdom. The objective of such an agreement would be to allow rail undertakings established and licensed in the United Kingdom to use the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link until the border-crossing station and terminal of Calais-Fréthun (France), without obtaining a licence under Directive 2012/34/EU from a Union licensing authority.
(10) In order to ensure the connectivity between the Union and the United Kingdom, it is essential that the rail undertakings established and licensed in the United Kingdom continue to operate. To that end, the period of validity of their licences issued by the United Kingdom under Directive 2012/34/EU and of their safety certificates issued by the Intergovernmental Commission should be extended for a period of nine months from the date of application of this Regulation, which is enough time to enable the Member State concerned to take the necessary steps to ensure connectivity in accordance with Directives 2012/34/EU and (EU) 2016/798 and on the basis of the agreement envisaged by Decision (EU) 2020/1531.
(11) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the withdrawal of the benefit conferred on holders of the authorisations, certificates and licences, where compliance with the Union requirements is not ensured. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(10). The examination procedure should be used for the adoption of those measures, given their potential impact on railway safety. The Commission should adopt immediately applicable implementing acts where, in duly justified cases, imperative grounds of urgency so require.
(12) In view of the urgency entailed by the end of the transition period, it is appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community.
(13) Since the objective of this Regulation, namely to lay down provisional measures on certain aspects of railway safety and connectivity with regard to the end of the transition period, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
(14) This Regulation should enter into force as a matter of urgency and should apply from the day following that of the end of the transition period,
(a) safety authorisations issued under Article 11 of Directive 2004/49/EC to infrastructure managers for the management and operation of cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link;
(b) safety certificates issued under Article 10 of Directive 2004/49/EC to railway undertakings established in the United Kingdom and using the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link;
(c) licences issued under Chapter III of Directive 2012/34/EU to railway undertakings established in the United Kingdom and using the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link.
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
After consulting the European Economic and Social Committee,
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure(1),
(1) The Agreement on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community(2)(the ‘Withdrawal Agreement’) was concluded by the Union by Council Decision (EU) 2020/135(3)and entered into force on 1 February 2020. The transition period referred to in Article 126 of the Withdrawal Agreement, during which Union law continues to apply to and in the United Kingdom in accordance with Article 127 of the Withdrawal Agreement (the ‘transition period’), ends on 31 December 2020.
(2) Article 10 of the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the construction and operation by private concessionaires of a channel fixed link, signed at Canterbury on 12 February 1986 (the ‘Treaty of Canterbury’) established an Intergovernmental Commission to supervise all matters concerning the construction and operation of the Channel Fixed Link.
(3) Until the end of the transition period, the Intergovernmental Commission constitutes the national safety authority within the meaning of Directive (EU) 2016/798 of the European Parliament and of the Council(4). In that capacity, it applies in the entirety of the Channel Fixed Link the provisions of Union law relevant to railway safety and, under Directive (EU) 2016/797 of the European Parliament and of the Council(5), railway interoperability.
(4) After the end of the transition period, unless otherwise provided, Union law will no longer be applicable to the part of the Channel Fixed Link under the jurisdiction of the United Kingdom and, as regards the part of the Channel Fixed Link under the jurisdiction of France, the Intergovernmental Commission will no longer be a national safety authority under Union law. The safety authorisation for the Channel Fixed Link infrastructure manager and safety certificates for railway undertakings operating through the Channel Fixed Link issued by the Intergovernmental Commission pursuant to Article 11 and Article 10 respectively of Directive 2004/49/EC of the European Parliament and of the Council(6)will cease to be valid from 1 January 2021.
(5) By Decision (EU) 2020/1531 of the European Parliament and of the Council(7), France was empowered to negotiate, sign and conclude an international agreement with the United Kingdom regarding the application of the railway safety and interoperability rules of the Union to the Channel Fixed Link in order to maintain a unified safety regime. Regulation (EU) 2020/1530 of the European Parliament and of the Council(8)amended Directive (EU) 2016/798 as regards, inter alia, the rules pertaining to national safety authorities.
(6) On the basis of Regulation (EU) 2020/1530, and subject to an agreement envisaged by Decision (EU) 2020/1531 and concluded under certain conditions set out in that Decision, the Intergovernmental Commission was to remain the single safety authority for the entirety of the Channel Fixed Link while constituting, as regards the part of the Channel Fixed Link under the jurisdiction of France, the national safety authority within the meaning of point (7) of Article 3, of Directive (EU) 2016/798.It is, however, unlikely that the agreement envisaged by Decision (EU) 2020/1531 will have entered into force by the end of the transition period.
(7) Without such an agreement, as from 1 January 2021, the Intergovernmental Commission will no longer qualify as a national safety authority within the meaning of point (7) of Article 3, of Directive (EU) 2016/798, as regards the part of the Channel Fixed Link under the jurisdiction of France. Safety authorisations and safety certificates issued by the Intergovernmental Commission will cease to be valid. The French national safety authority will become the competent national safety authority for the section of the Channel Fixed Link under the jurisdiction of France.
(8) In light of the economic importance to the Union of the Channel Fixed Link, it is essential that the Channel Fixed Link continues to operate after 1 January 2021. To that end, the safety authorisation for the Channel Fixed Link infrastructure manager issued by the Intergovernmental Commission should remain valid for a maximum period of two months from the date of application of this Regulation, which is enough time to enable the French national safety authority to issue its own safety authorisation.
(9) The licences issued under Chapter III of Directive 2012/34/EU of the European Parliament and of the Council(9)to railway undertakings established in the United Kingdom will no longer be valid after the end of the transition period. On 10 November 2020, pursuant to Article 14(3) of Directive 2012/34/EU, France notified the Commission of its intention to enter into negotiations on a cross-border agreement with the United Kingdom. The objective of such an agreement would be to allow rail undertakings established and licensed in the United Kingdom to use the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link until the border-crossing station and terminal of Calais-Fréthun (France), without obtaining a licence under Directive 2012/34/EU from a Union licensing authority.
(10) In order to ensure the connectivity between the Union and the United Kingdom, it is essential that the rail undertakings established and licensed in the United Kingdom continue to operate. To that end, the period of validity of their licences issued by the United Kingdom under Directive 2012/34/EU and of their safety certificates issued by the Intergovernmental Commission should be extended for a period of nine months from the date of application of this Regulation, which is enough time to enable the Member State concerned to take the necessary steps to ensure connectivity in accordance with Directives 2012/34/EU and (EU) 2016/798 and on the basis of the agreement envisaged by Decision (EU) 2020/1531.
(11) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the withdrawal of the benefit conferred on holders of the authorisations, certificates and licences, where compliance with the Union requirements is not ensured. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(10). The examination procedure should be used for the adoption of those measures, given their potential impact on railway safety. The Commission should adopt immediately applicable implementing acts where, in duly justified cases, imperative grounds of urgency so require.
(12) In view of the urgency entailed by the end of the transition period, it is appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community.
(13) Since the objective of this Regulation, namely to lay down provisional measures on certain aspects of railway safety and connectivity with regard to the end of the transition period, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
(14) This Regulation should enter into force as a matter of urgency and should apply from the day following that of the end of the transition period,
HAVE ADOPTED THIS REGULATION:

Subject matter and scope
Article 1
1. This Regulation lays down specific provisions, in view of the ending of the transition period referred to in Article 126 of the Withdrawal Agreement, for certain safety authorisations and safety certificates issued under Directive 2004/49/EC and certain licences of railway undertakings issued under Directive 2012/34/EU, referred to in paragraph 2.
2. This Regulation shall apply to the following authorisations, certificates and licences, which are valid on 31 December 2020:
(a)
safety authorisations issued under Article 11 of Directive 2004/49/EC to infrastructure managers for the management and operation of cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link;
(b)
safety certificates issued under Article 10 of Directive 2004/49/EC to railway undertakings established in the United Kingdom and using the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link;
(c)
licences issued under Chapter III of Directive 2012/34/EU to railway undertakings established in the United Kingdom and using the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link.

Definitions
Article 2
For the purposes of this Regulation, relevant definitions in Directives 2012/34/EU and (EU) 2016/798 and the delegated and implementing acts adopted under those Directives and under Directive 2004/49/EC shall apply.

Validity of safety authorisations, safety certificates and licences
Article 3
1. The safety authorisations referred to in point (a) of Article 1(2) shall remain valid for two months from the date of application of this Regulation.
2. The safety certificates referred to in point (b) of Article 1(2) shall remain valid for nine months from the date of application of this Regulation. They shall be valid only for the purpose of reaching the border crossing station and terminal of Calais-Fréthun from the United Kingdom or departing from that station and terminal to the United Kingdom.
3. Licences referred to in point (c) of Article 1(2) shall remain valid for nine months from the date of application of this Regulation. By way of derogation from Article 23(1) of Directive 2012/34/EU, those licences shall be valid only on the territory situated between the border-crossing station and terminal of Calais-Fréthun and the United Kingdom.

Rules and obligations regarding safety authorisations, safety certificates and licences
Article 4
1. Safety authorisations, safety certificates and licences governed by Article 3 of this Regulation are subject to the rules applicable to them in accordance with Directives 2012/34/EU and (EU) 2016/798, and in accordance with the implementing and delegated acts adopted under those Directives.
2. The holders of safety authorisations, safety certificates and licences referred to in Article 1(2), and, as appropriate, the authority issuing them, when different from the national safety authority in whose territory the infrastructure is situated in the Union and under whose competence the border-crossing station and terminal of Calais-Fréthun falls, shall cooperate with that national safety authority and deliver to it all relevant information and documents.
3. Where information or documents have not been delivered within the time limits set in requests made by the national safety authority referred to in paragraph 2 of this Article, the Commission may, upon notification by the national safety authority, adopt implementing acts to withdraw the benefit conferred on the holder pursuant to Article 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2).
4. Holders of safety authorisations, safety certificates and licences referred to in Article 1(2) of this Regulation shall inform without delay the Commission and the European Union Agency for Railways of any actions by other competent safety authorities, which may conflict with their obligations under this Regulation, Directive 2012/34/EU or Directive (EU) 2016/798.
5. Before withdrawing the benefits conferred pursuant to Article 3, the Commission shall in due time inform the national safety authority referred to in paragraph 2 of this Article, the authority having issued the safety authorisations, safety certificates and licences referred to in Article 1(2), and the holders of such authorisations, certificates and licences of its intention to proceed to such withdrawal, and shall provide them with the opportunity to make their views known.
6. As regards the licences referred to in point (c) of Article 1(2) of this Regulation, for the purposes of paragraphs (1) to (5) of this Article, references to a national safety authority shall be understood as references to a licencing authority defined in point (15) of Article 3 of Directive 2012/34/EU.

Monitoring compliance with Union law
Article 5
1. The national safety authority referred to in Article 4(2) shall monitor the railway safety standards applied to railway undertakings established in the United Kingdom using the cross-border infrastructure referred to in point (a) of Article 1(2), and applied to that cross-border infrastructure. In addition, the national safety authority shall check that infrastructure managers and railway undertakings comply with the safety requirements set out in Union law. Where appropriate, the national safety authority shall provide the Commission and the European Union Agency for Railways with a recommendation for the Commission to act in accordance with paragraph 2 of this Article.
The licencing authority referred to in Article 4(2), in conjunction with Article 4(6), of this Regulation shall monitor whether the requirements of Articles 19 to 22 of Directive 2012/34/EU continue to be met in relation to railway undertakings licensed by the United Kingdom referred to in point (c) of Article 1(2) of this Regulation.
2. Where the Commission has justified doubts that the safety standards applied to the operation of cross-border railway services or infrastructure falling within the scope of this Regulation or the part of the same infrastructure that is situated in the United Kingdom are in line with the relevant provisions of Union law, it shall without undue delay adopt implementing acts to withdraw the benefit conferred on the holder pursuant to Article 3. The power to adopt implementing acts shall applymutatis mutandiswhere the Commission has justified doubts in respect of the fulfilment of the requirements referred to in the second subparagraph of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2).
3. For the purposes of paragraph 1 of this Article, the national safety authority or the licensing authority referred to in Article 4(2), in conjunction with Article 4(6), may request information from the relevant competent authorities, setting a reasonable time limit. Where those relevant competent authorities do not provide the information requested within the established time limit, or provide incomplete information, the Commission may, upon notification by the national safety authority or licencing authority referred to in Article 4(2), in conjunction with Article 4(6), as appropriate, adopt implementing acts to withdraw the benefit conferred on the holder pursuant to Article 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2).
4. Before withdrawing the benefits conferred pursuant to Article 3, the Commission shall in due time inform the national safety authority referred to in Article 4(2), the authority having issued the safety authorisations, safety certificates and licences referred to in Article 1(2) and the holders of such authorisations, certificates and licences, as well as the national safety authority and the licensing authority of the United Kingdom, of its intention to proceed to such withdrawal, and shall provide them with the opportunity to make their views known.

Consultation and cooperation
Article 6
1. The competent authorities of the Member State concerned shall consult and cooperate with the competent authorities of the United Kingdom as necessary in order to ensure the implementation of this Regulation.
2. The Member State concerned shall, upon request, provide the Commission without undue delay with any information obtained pursuant to paragraph 1 or any other information relevant for the implementation of this Regulation.

Committee
Article 7
1. The Commission shall be assisted by the committee referred to in Article 51 of Directive (EU) 2016/797 and by the committee referred to in Article 62 of Directive 2012/34/EU. Those committees shall be committees within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Entry into force and application
Article 8
1. This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
2. It shall apply from 1 January 2021.
3. This Regulation shall cease to apply on 30 September 2021.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
After consulting the European Economic and Social Committee,
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure(1),
(1) The Agreement on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community(2)(the ‘Withdrawal Agreement’) was concluded by the Union by Council Decision (EU) 2020/135(3)and entered into force on 1 February 2020. The transition period referred to in Article 126 of the Withdrawal Agreement, during which Union law continues to apply to and in the United Kingdom in accordance with Article 127 of the Withdrawal Agreement (the ‘transition period’), ends on 31 December 2020.
(2) Article 10 of the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the construction and operation by private concessionaires of a channel fixed link, signed at Canterbury on 12 February 1986 (the ‘Treaty of Canterbury’) established an Intergovernmental Commission to supervise all matters concerning the construction and operation of the Channel Fixed Link.
(3) Until the end of the transition period, the Intergovernmental Commission constitutes the national safety authority within the meaning of Directive (EU) 2016/798 of the European Parliament and of the Council(4). In that capacity, it applies in the entirety of the Channel Fixed Link the provisions of Union law relevant to railway safety and, under Directive (EU) 2016/797 of the European Parliament and of the Council(5), railway interoperability.
(4) After the end of the transition period, unless otherwise provided, Union law will no longer be applicable to the part of the Channel Fixed Link under the jurisdiction of the United Kingdom and, as regards the part of the Channel Fixed Link under the jurisdiction of France, the Intergovernmental Commission will no longer be a national safety authority under Union law. The safety authorisation for the Channel Fixed Link infrastructure manager and safety certificates for railway undertakings operating through the Channel Fixed Link issued by the Intergovernmental Commission pursuant to Article 11 and Article 10 respectively of Directive 2004/49/EC of the European Parliament and of the Council(6)will cease to be valid from 1 January 2021.
(5) By Decision (EU) 2020/1531 of the European Parliament and of the Council(7), France was empowered to negotiate, sign and conclude an international agreement with the United Kingdom regarding the application of the railway safety and interoperability rules of the Union to the Channel Fixed Link in order to maintain a unified safety regime. Regulation (EU) 2020/1530 of the European Parliament and of the Council(8)amended Directive (EU) 2016/798 as regards, inter alia, the rules pertaining to national safety authorities.
(6) On the basis of Regulation (EU) 2020/1530, and subject to an agreement envisaged by Decision (EU) 2020/1531 and concluded under certain conditions set out in that Decision, the Intergovernmental Commission was to remain the single safety authority for the entirety of the Channel Fixed Link while constituting, as regards the part of the Channel Fixed Link under the jurisdiction of France, the national safety authority within the meaning of point (7) of Article 3, of Directive (EU) 2016/798.It is, however, unlikely that the agreement envisaged by Decision (EU) 2020/1531 will have entered into force by the end of the transition period.
(7) Without such an agreement, as from 1 January 2021, the Intergovernmental Commission will no longer qualify as a national safety authority within the meaning of point (7) of Article 3, of Directive (EU) 2016/798, as regards the part of the Channel Fixed Link under the jurisdiction of France. Safety authorisations and safety certificates issued by the Intergovernmental Commission will cease to be valid. The French national safety authority will become the competent national safety authority for the section of the Channel Fixed Link under the jurisdiction of France.
(8) In light of the economic importance to the Union of the Channel Fixed Link, it is essential that the Channel Fixed Link continues to operate after 1 January 2021. To that end, the safety authorisation for the Channel Fixed Link infrastructure manager issued by the Intergovernmental Commission should remain valid for a maximum period of two months from the date of application of this Regulation, which is enough time to enable the French national safety authority to issue its own safety authorisation.
(9) The licences issued under Chapter III of Directive 2012/34/EU of the European Parliament and of the Council(9)to railway undertakings established in the United Kingdom will no longer be valid after the end of the transition period. On 10 November 2020, pursuant to Article 14(3) of Directive 2012/34/EU, France notified the Commission of its intention to enter into negotiations on a cross-border agreement with the United Kingdom. The objective of such an agreement would be to allow rail undertakings established and licensed in the United Kingdom to use the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link until the border-crossing station and terminal of Calais-Fréthun (France), without obtaining a licence under Directive 2012/34/EU from a Union licensing authority.
(10) In order to ensure the connectivity between the Union and the United Kingdom, it is essential that the rail undertakings established and licensed in the United Kingdom continue to operate. To that end, the period of validity of their licences issued by the United Kingdom under Directive 2012/34/EU and of their safety certificates issued by the Intergovernmental Commission should be extended for a period of nine months from the date of application of this Regulation, which is enough time to enable the Member State concerned to take the necessary steps to ensure connectivity in accordance with Directives 2012/34/EU and (EU) 2016/798 and on the basis of the agreement envisaged by Decision (EU) 2020/1531.
(11) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the withdrawal of the benefit conferred on holders of the authorisations, certificates and licences, where compliance with the Union requirements is not ensured. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(10). The examination procedure should be used for the adoption of those measures, given their potential impact on railway safety. The Commission should adopt immediately applicable implementing acts where, in duly justified cases, imperative grounds of urgency so require.
(12) In view of the urgency entailed by the end of the transition period, it is appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community.
(13) Since the objective of this Regulation, namely to lay down provisional measures on certain aspects of railway safety and connectivity with regard to the end of the transition period, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
(14) This Regulation should enter into force as a matter of urgency and should apply from the day following that of the end of the transition period,
HAVE ADOPTED THIS REGULATION:

Subject matter and scope

1. This Regulation lays down specific provisions, in view of the ending of the transition period referred to in Article 126 of the Withdrawal Agreement, for certain safety authorisations and safety certificates issued under Directive 2004/49/EC and certain licences of railway undertakings issued under Directive 2012/34/EU, referred to in paragraph 2.
2. This Regulation shall apply to the following authorisations, certificates and licences, which are valid on 31 December 2020:
(a)
safety authorisations issued under Article 11 of Directive 2004/49/EC to infrastructure managers for the management and operation of cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link;
(b)
safety certificates issued under Article 10 of Directive 2004/49/EC to railway undertakings established in the United Kingdom and using the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link;
(c)
licences issued under Chapter III of Directive 2012/34/EU to railway undertakings established in the United Kingdom and using the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link.

Definitions

For the purposes of this Regulation, relevant definitions in Directives 2012/34/EU and (EU) 2016/798 and the delegated and implementing acts adopted under those Directives and under Directive 2004/49/EC shall apply.

Validity of safety authorisations, safety certificates and licences

1. The safety authorisations referred to in point (a) of Article 1(2) shall remain valid for two months from the date of application of this Regulation.
2. The safety certificates referred to in point (b) of Article 1(2) shall remain valid for nine months from the date of application of this Regulation. They shall be valid only for the purpose of reaching the border crossing station and terminal of Calais-Fréthun from the United Kingdom or departing from that station and terminal to the United Kingdom.
3. Licences referred to in point (c) of Article 1(2) shall remain valid for nine months from the date of application of this Regulation. By way of derogation from Article 23(1) of Directive 2012/34/EU, those licences shall be valid only on the territory situated between the border-crossing station and terminal of Calais-Fréthun and the United Kingdom.

Rules and obligations regarding safety authorisations, safety certificates and licences

1. Safety authorisations, safety certificates and licences governed by Article 3 of this Regulation are subject to the rules applicable to them in accordance with Directives 2012/34/EU and (EU) 2016/798, and in accordance with the implementing and delegated acts adopted under those Directives.
2. The holders of safety authorisations, safety certificates and licences referred to in Article 1(2), and, as appropriate, the authority issuing them, when different from the national safety authority in whose territory the infrastructure is situated in the Union and under whose competence the border-crossing station and terminal of Calais-Fréthun falls, shall cooperate with that national safety authority and deliver to it all relevant information and documents.
3. Where information or documents have not been delivered within the time limits set in requests made by the national safety authority referred to in paragraph 2 of this Article, the Commission may, upon notification by the national safety authority, adopt implementing acts to withdraw the benefit conferred on the holder pursuant to Article 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2).
4. Holders of safety authorisations, safety certificates and licences referred to in Article 1(2) of this Regulation shall inform without delay the Commission and the European Union Agency for Railways of any actions by other competent safety authorities, which may conflict with their obligations under this Regulation, Directive 2012/34/EU or Directive (EU) 2016/798.
5. Before withdrawing the benefits conferred pursuant to Article 3, the Commission shall in due time inform the national safety authority referred to in paragraph 2 of this Article, the authority having issued the safety authorisations, safety certificates and licences referred to in Article 1(2), and the holders of such authorisations, certificates and licences of its intention to proceed to such withdrawal, and shall provide them with the opportunity to make their views known.
6. As regards the licences referred to in point (c) of Article 1(2) of this Regulation, for the purposes of paragraphs (1) to (5) of this Article, references to a national safety authority shall be understood as references to a licencing authority defined in point (15) of Article 3 of Directive 2012/34/EU.

Monitoring compliance with Union law

1. The national safety authority referred to in Article 4(2) shall monitor the railway safety standards applied to railway undertakings established in the United Kingdom using the cross-border infrastructure referred to in point (a) of Article 1(2), and applied to that cross-border infrastructure. In addition, the national safety authority shall check that infrastructure managers and railway undertakings comply with the safety requirements set out in Union law. Where appropriate, the national safety authority shall provide the Commission and the European Union Agency for Railways with a recommendation for the Commission to act in accordance with paragraph 2 of this Article.
The licencing authority referred to in Article 4(2), in conjunction with Article 4(6), of this Regulation shall monitor whether the requirements of Articles 19 to 22 of Directive 2012/34/EU continue to be met in relation to railway undertakings licensed by the United Kingdom referred to in point (c) of Article 1(2) of this Regulation.
2. Where the Commission has justified doubts that the safety standards applied to the operation of cross-border railway services or infrastructure falling within the scope of this Regulation or the part of the same infrastructure that is situated in the United Kingdom are in line with the relevant provisions of Union law, it shall without undue delay adopt implementing acts to withdraw the benefit conferred on the holder pursuant to Article 3. The power to adopt implementing acts shall applymutatis mutandiswhere the Commission has justified doubts in respect of the fulfilment of the requirements referred to in the second subparagraph of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2).
3. For the purposes of paragraph 1 of this Article, the national safety authority or the licensing authority referred to in Article 4(2), in conjunction with Article 4(6), may request information from the relevant competent authorities, setting a reasonable time limit. Where those relevant competent authorities do not provide the information requested within the established time limit, or provide incomplete information, the Commission may, upon notification by the national safety authority or licencing authority referred to in Article 4(2), in conjunction with Article 4(6), as appropriate, adopt implementing acts to withdraw the benefit conferred on the holder pursuant to Article 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2).
4. Before withdrawing the benefits conferred pursuant to Article 3, the Commission shall in due time inform the national safety authority referred to in Article 4(2), the authority having issued the safety authorisations, safety certificates and licences referred to in Article 1(2) and the holders of such authorisations, certificates and licences, as well as the national safety authority and the licensing authority of the United Kingdom, of its intention to proceed to such withdrawal, and shall provide them with the opportunity to make their views known.

Consultation and cooperation

1. The competent authorities of the Member State concerned shall consult and cooperate with the competent authorities of the United Kingdom as necessary in order to ensure the implementation of this Regulation.
2. The Member State concerned shall, upon request, provide the Commission without undue delay with any information obtained pursuant to paragraph 1 or any other information relevant for the implementation of this Regulation.

Committee

1. The Commission shall be assisted by the committee referred to in Article 51 of Directive (EU) 2016/797 and by the committee referred to in Article 62 of Directive 2012/34/EU. Those committees shall be committees within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Entry into force and application

1. This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
2. It shall apply from 1 January 2021.
3. This Regulation shall cease to apply on 30 September 2021.

Pending: 32020R1628

4.11.2020 EN Official Journal of the European Union L 366/12
(1) Pursuant to Article 2 of Regulation (EU) 2015/478, France has informed the Commission that trends in imports of renewable ethanol for fuel appear to call for surveillance. In particular, France has requested the introduction of retrospective surveillance.
(2) According to Article 10 of Regulation (EU) 2015/478 Union surveillance may be introduced where the trend in imports of a product threatens to cause injury to Union producers and where the interest of the Union so require. Article 7 of Regulation (EU) 2015/755 allows the possibility to introduce surveillance where the Union's interests so require. Retrospective surveillance may be introduced under both Regulations, respectively pursuant to Article 10(1)(a) and Article 7(1)(a).
(3) Based on the information submitted by France, imports into the Union of renewable ethanol for fuel increased by 512 % between 2017 and 2019, from 87,6 thousand tonnes to 536,2 thousand tonnes. Moreover, during 2019, prices of imports of renewable ethanol for fuel from the main six import sources undercut the price of Union producers by 15 % on average.
(4) Estimated EU consumption of renewable ethanol for fuel increased by 10% between 2017 and 2019, from 3,9 million tonnes to 4,3 million tonnes. In the same period, however, world production of renewable ethanol for fuel passed from 80,6 million tonnes to 87,5 million tonnes. Due to the size of the world production in comparison to the total EU consumption, it is considered that even minor disturbances in the global market of renewable ethanol for fuel might have very severe impacts on the offer in the EU market, in terms of both quantities and prices.
(5) Moreover, around 84% of the total world production of renewable ethanol for fuel (more than 70 million tonnes) is concentrated in the US (54 %) and Brazil (30 %). These two countries have such a large production capacity that even a limited excess in their annual production may translate in an oversupply on the world market, with potentially negative consequences for much smaller markets such as the EU. Imports from the US into the EU have increased steadily over the last three years, and imports from Brazil have surged in the first months of 2020.
(6) It should also be recalled that a situation of slight overcapacity has already been observed in the US market over the last five years, which has prompted a number of countries (e.g. Brazil, China, Peru, Colombia) to adopt or reinstate measures to limit the level of imports of renewable ethanol for fuel from the US. Obviously, quantities previously exported from the US to those markets might now be redirected to other markets as for example the EU market. It should furthermore be recalled that EU anti-dumping measures on renewable ethanol for fuel were repealed in May 2019.
(7) Since imports have increased in the last years, the market shares of the Union industry have been reduced. The EU demand collapsed in recent months and the economic situation of the Union industry has deteriorated. Once the market will recover, it can be expected that the existing unused stocks in the main producing countries outside the EU will be massively exported to the EU, thereby preventing the EU industry to recover. Moreover, it cannot be excluded that in an effort to sustain production activities some governments might introduce subsidies or other forms of support in favour of their ethanol industry. Some support projects are already under discussion in the US.
(8) On the basis of recent trends in imports of renewable ethanol for fuel and of the current excess capacity, injurious effects to Union producers may therefore develop quickly in the near future.
(9) Thus, the Union interest requires that imports of renewable ethanol for fuel should be subject to retrospective Union surveillance in order to provide statistical information, before the issuance of official import statistics, permitting rapid analysis of import trends from all third countries. Rapid and anticipated trade data is necessary to deal with the vulnerability of the Union renewable ethanol for fuel market to sudden changes on world markets.
(10) Since ethanol for fuel can be classified in various CN headings containing other products, specific TARIC codes should be created in order to ensure an adequate surveillance limited only to the relevant product. The scope of the retrospective surveillance shall include the products listed in Annex.
(11) The surveillance system should be introduced for a period of one year, which is deemed sufficient to monitor the development of imports during the market recovery, until a stabilised situation is reached,
CN CODES TARIC CODE EXTENSIONS
ex 2207 10 00 11
ex 2207 20 00 11
ex 2208 90 99 11
ex 2710 12 21 10
ex 2710 12 25 10
ex 2710 12 31 10
ex 2710 12 41 10
ex 2710 12 45 10
ex 2710 12 49 10
ex 2710 12 50 10
ex 2710 12 70 10
ex 2710 12 90 10
ex 3814 00 10 10
ex 3814 00 90 , 70
ex 3820 00 00 10
ex 3824 99 92 66
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports(1), and in particular Article 10 thereof,
Having regard to Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries(2), and in particular Article 7 thereof,
After consulting the Committee on Safeguards and Common Rules for exports,
(1) Pursuant to Article 2 of Regulation (EU) 2015/478, France has informed the Commission that trends in imports of renewable ethanol for fuel appear to call for surveillance. In particular, France has requested the introduction of retrospective surveillance.
(2) According to Article 10 of Regulation (EU) 2015/478 Union surveillance may be introduced where the trend in imports of a product threatens to cause injury to Union producers and where the interest of the Union so require. Article 7 of Regulation (EU) 2015/755 allows the possibility to introduce surveillance where the Union’s interests so require. Retrospective surveillance may be introduced under both Regulations, respectively pursuant to Article 10(1)(a) and Article 7(1)(a).
(3) Based on the information submitted by France, imports into the Union of renewable ethanol for fuel increased by 512 % between 2017 and 2019, from 87,6 thousand tonnes to 536,2 thousand tonnes. Moreover, during 2019, prices of imports of renewable ethanol for fuel from the main six import sources undercut the price of Union producers by 15 % on average.
(4) Estimated EU consumption of renewable ethanol for fuel increased by 10% between 2017 and 2019, from 3,9 million tonnes to 4,3 million tonnes. In the same period, however, world production of renewable ethanol for fuel passed from 80,6 million tonnes to 87,5 million tonnes. Due to the size of the world production in comparison to the total EU consumption, it is considered that even minor disturbances in the global market of renewable ethanol for fuel might have very severe impacts on the offer in the EU market, in terms of both quantities and prices.
(5) Moreover, around 84% of the total world production of renewable ethanol for fuel (more than 70 million tonnes) is concentrated in the US (54 %) and Brazil (30 %). These two countries have such a large production capacity that even a limited excess in their annual production may translate in an oversupply on the world market, with potentially negative consequences for much smaller markets such as the EU. Imports from the US into the EU have increased steadily over the last three years, and imports from Brazil have surged in the first months of 2020.
(6) It should also be recalled that a situation of slight overcapacity has already been observed in the US market over the last five years, which has prompted a number of countries (e.g. Brazil, China, Peru, Colombia) to adopt or reinstate measures to limit the level of imports of renewable ethanol for fuel from the US. Obviously, quantities previously exported from the US to those markets might now be redirected to other markets as for example the EU market. It should furthermore be recalled that EU anti-dumping measures on renewable ethanol for fuel were repealed in May 2019.
(7) Since imports have increased in the last years, the market shares of the Union industry have been reduced. The EU demand collapsed in recent months and the economic situation of the Union industry has deteriorated. Once the market will recover, it can be expected that the existing unused stocks in the main producing countries outside the EU will be massively exported to the EU, thereby preventing the EU industry to recover. Moreover, it cannot be excluded that in an effort to sustain production activities some governments might introduce subsidies or other forms of support in favour of their ethanol industry. Some support projects are already under discussion in the US.
(8) On the basis of recent trends in imports of renewable ethanol for fuel and of the current excess capacity, injurious effects to Union producers may therefore develop quickly in the near future.
(9) Thus, the Union interest requires that imports of renewable ethanol for fuel should be subject to retrospective Union surveillance in order to provide statistical information, before the issuance of official import statistics, permitting rapid analysis of import trends from all third countries. Rapid and anticipated trade data is necessary to deal with the vulnerability of the Union renewable ethanol for fuel market to sudden changes on world markets.
(10) Since ethanol for fuel can be classified in various CN headings containing other products, specific TARIC codes should be created in order to ensure an adequate surveillance limited only to the relevant product. The scope of the retrospective surveillance shall include the products listed in Annex.
(11) The surveillance system should be introduced for a period of one year, which is deemed sufficient to monitor the development of imports during the market recovery, until a stabilised situation is reached,
HAS ADOPTED THIS REGULATION:

Article 1
1. The release for free circulation in the Union of renewable ethanol for fuel listed in Annex to this Regulation shall be subject to retrospective Union surveillance in accordance with Regulation (EU) 2015/478 and Regulation (EU) 2015/755.
2. The classification of the products covered by this Regulation is based on TARIC. The origin of the products covered by this Regulation shall be determined in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council(3).

Article 2
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
This Regulation shall apply from the day following its publication in the Official Journal of the European Union and shall remain in force for one year.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports(1), and in particular Article 10 thereof,
Having regard to Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries(2), and in particular Article 7 thereof,
After consulting the Committee on Safeguards and Common Rules for exports,
(1) Pursuant to Article 2 of Regulation (EU) 2015/478, France has informed the Commission that trends in imports of renewable ethanol for fuel appear to call for surveillance. In particular, France has requested the introduction of retrospective surveillance.
(2) According to Article 10 of Regulation (EU) 2015/478 Union surveillance may be introduced where the trend in imports of a product threatens to cause injury to Union producers and where the interest of the Union so require. Article 7 of Regulation (EU) 2015/755 allows the possibility to introduce surveillance where the Union’s interests so require. Retrospective surveillance may be introduced under both Regulations, respectively pursuant to Article 10(1)(a) and Article 7(1)(a).
(3) Based on the information submitted by France, imports into the Union of renewable ethanol for fuel increased by 512 % between 2017 and 2019, from 87,6 thousand tonnes to 536,2 thousand tonnes. Moreover, during 2019, prices of imports of renewable ethanol for fuel from the main six import sources undercut the price of Union producers by 15 % on average.
(4) Estimated EU consumption of renewable ethanol for fuel increased by 10% between 2017 and 2019, from 3,9 million tonnes to 4,3 million tonnes. In the same period, however, world production of renewable ethanol for fuel passed from 80,6 million tonnes to 87,5 million tonnes. Due to the size of the world production in comparison to the total EU consumption, it is considered that even minor disturbances in the global market of renewable ethanol for fuel might have very severe impacts on the offer in the EU market, in terms of both quantities and prices.
(5) Moreover, around 84% of the total world production of renewable ethanol for fuel (more than 70 million tonnes) is concentrated in the US (54 %) and Brazil (30 %). These two countries have such a large production capacity that even a limited excess in their annual production may translate in an oversupply on the world market, with potentially negative consequences for much smaller markets such as the EU. Imports from the US into the EU have increased steadily over the last three years, and imports from Brazil have surged in the first months of 2020.
(6) It should also be recalled that a situation of slight overcapacity has already been observed in the US market over the last five years, which has prompted a number of countries (e.g. Brazil, China, Peru, Colombia) to adopt or reinstate measures to limit the level of imports of renewable ethanol for fuel from the US. Obviously, quantities previously exported from the US to those markets might now be redirected to other markets as for example the EU market. It should furthermore be recalled that EU anti-dumping measures on renewable ethanol for fuel were repealed in May 2019.
(7) Since imports have increased in the last years, the market shares of the Union industry have been reduced. The EU demand collapsed in recent months and the economic situation of the Union industry has deteriorated. Once the market will recover, it can be expected that the existing unused stocks in the main producing countries outside the EU will be massively exported to the EU, thereby preventing the EU industry to recover. Moreover, it cannot be excluded that in an effort to sustain production activities some governments might introduce subsidies or other forms of support in favour of their ethanol industry. Some support projects are already under discussion in the US.
(8) On the basis of recent trends in imports of renewable ethanol for fuel and of the current excess capacity, injurious effects to Union producers may therefore develop quickly in the near future.
(9) Thus, the Union interest requires that imports of renewable ethanol for fuel should be subject to retrospective Union surveillance in order to provide statistical information, before the issuance of official import statistics, permitting rapid analysis of import trends from all third countries. Rapid and anticipated trade data is necessary to deal with the vulnerability of the Union renewable ethanol for fuel market to sudden changes on world markets.
(10) Since ethanol for fuel can be classified in various CN headings containing other products, specific TARIC codes should be created in order to ensure an adequate surveillance limited only to the relevant product. The scope of the retrospective surveillance shall include the products listed in Annex.
(11) The surveillance system should be introduced for a period of one year, which is deemed sufficient to monitor the development of imports during the market recovery, until a stabilised situation is reached,
HAS ADOPTED THIS REGULATION:
1. The release for free circulation in the Union of renewable ethanol for fuel listed in Annex to this Regulation shall be subject to retrospective Union surveillance in accordance with Regulation (EU) 2015/478 and Regulation (EU) 2015/755.
2. The classification of the products covered by this Regulation is based on TARIC. The origin of the products covered by this Regulation shall be determined in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council(3).
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
This Regulation shall apply from the day following its publication in the Official Journal of the European Union and shall remain in force for one year.
ANNEXList of products subject to retrospective Union surveillanceThe product concerned subject to retrospective surveillance is renewable ethanol for fuel, i.e. ethyl alcohol produced from agricultural products (as listed in Annex I to the Treaty on the Functioning of the European Union), denatured or undenatured, excluding products with a water content of more than 0,3 % (m/m) measured according to the standard EN 15376, but including ethyl alcohol produced from agricultural products (as listed in Annex I to the Treaty on the Functioning of the European Union) contained in blends with gasoline with an ethyl alcohol content of more than 10 % (v/v) intended for fuel uses. The product concerned also covers ethyl alcohol produced from agricultural products (as listed in Annex I to the Treaty on the Functioning of the European Union) contained in Ethyl tert-butyl ether (ETBE).
The product scope is exclusively limited to renewable ethanol used for fuel applications. Thus, synthetic ethanol and renewable ethanol destined to applications other than fuel, i.e. industrial and beverage use, is not covered by this request.
The product concerned currently falls under the following CN and TARIC codes:

CN CODES | TARIC CODE EXTENSIONS
ex 2207 10 00 | 11
ex 2207 20 00 | 11
ex 2208 90 99 | 11
ex 2710 12 21 | 10
ex 2710 12 25 | 10
ex 2710 12 31 | 10
ex 2710 12 41 | 10
ex 2710 12 45 | 10
ex 2710 12 49 | 10
ex 2710 12 50 | 10
ex 2710 12 70 | 10
ex 2710 12 90 | 10
ex 3814 00 10 | 10
ex 3814 00 90 , | 70
ex 3820 00 00 | 10
ex 3824 99 92 | 66

Pending: 32020R1579

30.10.2020 EN Official Journal of the European Union L 362/3
(1) 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 and other advisory bodies, as well as advice received from Advisory Councils established for the relevant geographical areas or fields of competence and joint recommendations made by Member States.
(2) It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy (CFP) set out in Regulation (EU) No 1380/2013.
(3) Regulation (EU) No 1380/2013 provides that the objective of the CFP is to achieve the maximum sustainable yield (MSY) exploitation rate by 2015 where possible and, on a progressive, incremental basis, at the latest by 2020 for all stocks.
(4) The total allowable catches (TACs) should therefore be established, in accordance with Regulation (EU) No 1380/2013, on the basis of the available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as having regard to the opinions expressed during the consultation with stakeholders.
(5) Regulation (EU) 2016/1139 of the European Parliament and of the Council(2)establishes a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and for the fisheries exploiting those stocks (‘the plan’). The plan aims to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY. To that end, the target fishing mortality for the stocks concerned, expressed in ranges, is to be achieved as soon as possible and, on a progressive, incremental basis, by 2020. It is appropriate that the catch limits applicable in 2021 for the cod, herring and sprat stocks in the Baltic Sea are established in line with the objectives of the plan.
(6) The International Council for the Exploration of the Sea (ICES) has indicated that the biomass of western Baltic herring in ICES subdivisions 20-24 is only 48 % of the limit reference point for spawning stock biomass(Blim), below which it is possible that reproductive capacity might be reduced. Therefore, the scientific advice issued by ICES on 29 May 2020 in its annual stock advice was for zero catches for western Baltic herring. Under Article 5(2) of Regulation (EU) 2016/1139, all appropriate remedial measures should therefore to be adopted to ensure a rapid return of the stock concerned to levels above the level capable of producing MSY. Moreover, that provision requires further remedial measures to be adopted. To that end, it is necessary to take into account the timeline for the achievement of the objectives of the CFP in general, and of the plan in particular, in view of the expected effect of the remedial measures adopted, whilst at the same time adhering to the objectives of achieving economic, social and employment benefits as set out in Article 2 of Regulation (EU) No 1380/2013. Therefore and in accordance with Article 4(4) of Regulation (EU) 2016/1139, it is appropriate that fishing opportunities for western Baltic herring be set below the fishing mortality ranges, so as to take into account the decrease in the biomass for that stock in ICES subdivisions 20-24.
(7) As regards the eastern Baltic cod stock, since 2019, ICES has been able to base its precautionary advice on a more data-rich assessment than was previously possible. ICES estimates that the biomass of eastern Baltic cod was below Blimin 2019 and has decreased further since then. ICES therefore reiterated its advice for zero catches of eastern Baltic cod for 2021. However, ICES has not been in a position to determine the values of the fishing mortality ranges. Like last year, if the fishing opportunities for eastern Baltic cod were to be set at the level indicated in the scientific advice, the obligation to land all catches in mixed fisheries with by-catches of eastern Baltic cod would lead to the phenomenon of ‘choke species’. In order to strike the right balance between continuing fisheries in view of the potentially severe socioeconomic implications of prohibiting any catches of eastern Baltic cod, and the need to achieve a good biological status for the stock, taking into account the difficulty of fishing all stocks in a mixed fishery at MSY at the same time, it is appropriate to establish a specific TAC for by-catches of eastern Baltic cod. The fishing opportunities are to be set in accordance with Article 5(2) of Regulation (EU) 2016/1139.
(8) In May 2020, ICES provided updated advice on levels of cod by-catches in other fisheries. It is appropriate to set the fishing opportunities in accordance with that advice, with an exemption for fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Council(3). Moreover, pursuant to Article 5(2) of Regulation (EU) 2016/1139, additional remedial measures are to be adopted to ensure the rapid return of the stock to levels above the level capable of producing MSY. Scientific advice indicates that spawning closures in particular can have additional benefits for a stock that cannot be achieved by TAC alone, for example increased recruitment through undisturbed spawning. Therefore it is appropriate to maintain the existing summer spawning closure. Furthermore, scientific advice indicates that the relative importance of recreational fisheries of eastern Baltic cod depends on the TAC level. Given the very reduced TAC, the quantities caught in recreational fisheries are considered substantial and it is therefore appropriate to maintain the prohibition of recreational fishing for cod in ICES subdivisions 25 and 26 where eastern Baltic cod is most abundant.
(9) As regards the western Baltic cod stock, ICES has revised the estimated biomass downwards and estimates that the biomass of the western Baltic cod stock has not recovered to above the spawning stock biomass reference point below which specific and appropriate management action is to be taken (Btrigger). It is therefore appropriate to maintain the accompanying measures introduced for 2020 and to set the fishing opportunities in accordance with Article 5(1) of Regulation (EU) 2016/1139 while taking into account the levels of cod by-caught in other fisheries in ICES subdivision 24 advised by ICES, in order to be coherent with the approach followed in the eastern Baltic cod management area. Moreover, scientific advice indicates that the western and eastern cod stocks mix in ICES subdivision 24. In order to protect the eastern cod stock and ensure a level playing field with the eastern Baltic cod management area, the use of the TAC in ICES subdivision 24 should continue to be limited to by-catches of cod with an exemption for fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241, and for small-scale coastal fishermen fishing with passive gears in areas up to six nautical miles from shore where the water depth is less than 20 metres since western cod is predominant in those shallow coastal areas. Moreover, the closure period in ICES subdivision 24 should be aligned with the closure period in ICES subdivisions 25 and 26 in order to ensure equivalent protection consistent with ICES advice.
(10) Accordingly, and in order to ensure a level playing field with ICES subdivisions 25 and 26, recreational fishing for cod in ICES subdivision 24 should continue to be prohibited beyond six nautical miles from shore. Moreover, as the scientific advice indicates that recreational fisheries contribute significantly to the overall fishing mortality of that stock and taking into account the status of that stock and the reduction of the TAC, the daily bag limit per fisherman should be maintained. This is without prejudice to the principle of relative stability applicable to commercial fishing activities. Finally, given the fragile status of the stock and the fact that the scientific advice indicates that spawning closures in particular can have additional benefits for a stock that cannot be achieved by TAC alone, for example an increased recruitment through undisturbed spawning, the winter spawning closure should be maintained, with an exemption for certain small-scale coastal fishermen and for fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.
(11) ICES estimates that the biomass of central Baltic herring has fallen below the spawning stock biomass reference point below which specific and appropriate management action is to be taken (Btrigger). It is therefore appropriate to set the fishing opportunities in accordance with Article 5(1) of Regulation (EU) 2016/1139.
(12) According to ICES advice, cod is by-caught in plaice fisheries. Furthermore, sprat is caught in a mixed fishery with herring and is a prey species for cod. It is appropriate to take those inter-species considerations into account in setting the fishing opportunities for plaice and sprat.
(13) In order to ensure full use of coastal fishing opportunities, a limited inter-area flexibility for salmon from ICES subdivisions 22-31 to ICES subdivision 32 was introduced in 2019. Given the changes in fishing opportunities for those two stocks, it is appropriate to increase that flexibility.
(14) The introduction of a prohibition of fishing for sea trout beyond four nautical miles and of a limitation of by-catches of sea trout to 3 % of the combined catch of sea trout and salmon has contributed to a large extent to substantially reducing previously significant misreporting of catches in salmon fishery, in particular as sea trout catches. It is therefore appropriate to maintain that provision in order to reduce misreporting as much as possible.
(15) The use of the fishing opportunities set out in this Regulation is subject to Council Regulation (EC) No 1224/2009(4), and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing effort, and to the transmission of data on the exhaustion of fishing opportunities to the Commission. This Regulation should therefore specify the codes relating to landings of stocks subject to this Regulation that are to be used by Member States when sending data to the Commission.
(16) Council Regulation (EC) No 847/96(5)introduced additional conditions for year-to-year management of TACs including, under Articles 3 and 4, 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 Articles 3 or 4 shall not 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 living marine biological resources, hinder the achievement of the objectives of the CFP and cause the biological status of the stocks to deteriorate, 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.
(17) Moreover given that the biomass of the stock of eastern Baltic cod is below Blimand that only by-catch and scientific fisheries are permitted in 2021, Member States have undertaken not to apply Article 15(9) of Regulation (EU) No 1380/2013 for this stock for transfers from 2020 to 2021 so that catches in 2021 will not exceed the TAC set for eastern Baltic cod.
(18) The fishing year for Norway pout in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 is from 1 November to 31 October. Based on new scientific advice, a preliminary TAC for Norway pout should be established for those areas. The United Kingdom does not hold a quota for Norway pout. However, part of the quota is taken in UK waters. The United Kingdom has been consulted in accordance with Article 130(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community(6). A preliminary TAC for fishing opportunities for the period 1 November 2020 to 31 December 2020 should therefore be set. That TAC will allow for the start of the fishing season. The United Kingdom will be consulted on fishing opportunities for the period 1 January 2021 to 31 October 2021. Despite the fact that the United Kingdom has no quota share in this stock, the resource is shared with the United Kingdom. Therefore consultations concerning the joint management of the stock should take place after the expiration of the transition period on 31 December 2020. The Regulation on fishing opportunities for Norway pout in the ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 should later be amended to include the outcome of those consultations, for the period 1 January 2021 to 31 October 2021, to cover the full fishing year from 1 November 2020 to 31 October 2021.
(19) In order to avoid the interruption of fishing activities and to ensure the livelihoods of Union fishermen, this Regulation should apply from 1 January 2021. However, this Regulation should apply to Norway pout in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 from 1 November 2020 until 31 October 2021. For reasons of urgency, this Regulation should enter into force immediately after its publication,
(1) ‘subdivision’ means an ICES subdivision of the Baltic Sea as defined in Annex III to Council Regulation (EC) No 218/2009(8);
(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.
(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.
(a) fishing operations conducted for the exclusive purpose of scientific investigations, which may be undertaken 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, 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 where water depth is less than 50 metres for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, and whose landings are sorted.
(a) fishing operations conducted for the exclusive purpose of scientific 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, drifting lines, handlines and jigging equipment or similar passive gear in subdivisions 22 and 23 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, and in subdivision 24 in areas up to six nautical miles measured from the baselines 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 up to six nautical miles measured from the baselines where the water depth is less than 40 metres for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, and whose landings are sorted.
‘Species: Norway pout and associated by-catchesTrisopterus esmarkii Zone: 3a; Union waters of 2a and 4(NOP/2A3A4.)
Period 1 November 2019 – 31 October 2020 1 November 2020 – 31 December 2020 Analytical TAC
Denmark 72 433 (9)(11) 29 972 (9)(14) Article 3 of Regulation (EC) No 847/96 shall not apply
Germany 14 (9)(10)(11) 6 (9)(10)(14) Article 4 of Regulation (EC) No 847/96 shall not apply
The Netherlands 53 (9)(10)(11) 22 (9)(10)(14)
Union 72 500 (9)(11) 30 000 (9)(14)
Norway 14 500 (12) pm
Faroe Islands 5 000 (13) pm
TAC Not relevant Not relevant
Scientific name Alpha-3 code Common name
Clupea harengus HER Herring
Gadus morhua COD Cod
Pleuronectes platessa PLE Plaice
Salmo salar SAL Atlantic salmon
Sprattus sprattus SPR Sprat
Species: HerringClupea harengus Zone: Subdivisions 30-31(HER/30/31.)
Finland 53 306
Sweden 11 712
Union 65 018
TAC 65 018 Precautionary TAC
Species: HerringClupea harengus Zone: Subdivisions 22-24(HER/3BC+24)
Denmark 221
Germany 869
Finland 0
Poland 205
Sweden 280
Union 1 575
TAC 1 575 Analytical TACArticle 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
Species: HerringClupea harengus Zone: Union waters of subdivisions 25-27, 28.2, 29 and 32(HER/3D-R30)
Denmark 2 146
Germany 569
Estonia 10 960
Finland 21 393
Latvia 2 705
Lithuania 2 848
Poland 24 304
Sweden 32 626
Union 97 551
TAC Not relevant Analytical TACArticle 6 of this Regulation applies.
Species: HerringClupea harengus Zone: Subdivision 28.1(HER/03D.RG)
Estonia 18 216
Latvia 21 230
Union 39 446
TAC 39 446 Analytical TACArticle 6 of this Regulation applies.
Species: CodGadus morhua Zone: Union waters of subdivisions 25-32(COD/3DX32.)
Denmark 137 (1)
Germany 54 (1)
Estonia 13 (1)
Finland 10 (1)
Latvia 51 (1)
Lithuania 33 (1)
Poland 159 (1)
Sweden 138 (1)
Union 595 (1)
TAC Not relevant Precautionary TACArticle 3(2) and (3) of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.
Species: CodGadus morhua Zone: Subdivisions 22-24(COD/3BC+24)
Denmark 1 746 (2)
Germany 854 (2)
Estonia 39 (2)
Finland 34 (2)
Latvia 144 (2)
Lithuania 94 (2)
Poland 467 (2)
Sweden 622 (2)
Union 4 000 (2)
TAC 4 000 (2) Analytical TACArticle 3(2) and (3) of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.
Species: PlaicePleuronectes platessa Zone: Union waters of subdivisions 22-32(PLE/3BCD-C)
Denmark 5 187
Germany 576
Poland 1 086
Sweden 391
Union 7 240
TAC 7 240 Analytical TACArticle 6 of this Regulation applies.
Species: Atlantic salmonSalmo salar Zone: Union waters of subdivisions 22-31(SAL/3BCD-F)
Denmark 19 582 (3)
Germany 2 179 (3)
Estonia 1 990 (3)(4)
Finland 24 417 (3)
Latvia 12 455 (3)
Lithuania 1 464 (3)
Poland 5 940 (3)
Sweden 26 469 (3)
Union 94 496 (3)
TAC Not relevant Precautionary TACArticle 3(2) and (3) of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.
Species: Atlantic salmonSalmo salar Zone: Union waters of subdivision 32(SAL/3D32.)
Estonia 911 (5)
Finland 7 972 (5)
Union 8 883 (5)
TAC Not relevant Precautionary TAC
Species: SpratSprattus sprattus Zone: Union waters of subdivisions 22-32(SPR/3BCD-C)
Denmark 21 993
Germany 13 933
Estonia 25 539
Finland 11 513
Latvia 30 845
Lithuania 11 158
Poland 65 460
Sweden 42 517
Union 222 958
TAC Not relevant Analytical TACArticle 6 of this Regulation applies.
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,
(1) 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 and other advisory bodies, as well as advice received from Advisory Councils established for the relevant geographical areas or fields of competence and joint recommendations made by Member States.
(2) It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy (CFP) set out in Regulation (EU) No 1380/2013.
(3) Regulation (EU) No 1380/2013 provides that the objective of the CFP is to achieve the maximum sustainable yield (MSY) exploitation rate by 2015 where possible and, on a progressive, incremental basis, at the latest by 2020 for all stocks.
(4) The total allowable catches (TACs) should therefore be established, in accordance with Regulation (EU) No 1380/2013, on the basis of the available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as having regard to the opinions expressed during the consultation with stakeholders.
(5) Regulation (EU) 2016/1139 of the European Parliament and of the Council(2)establishes a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and for the fisheries exploiting those stocks (‘the plan’). The plan aims to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY. To that end, the target fishing mortality for the stocks concerned, expressed in ranges, is to be achieved as soon as possible and, on a progressive, incremental basis, by 2020. It is appropriate that the catch limits applicable in 2021 for the cod, herring and sprat stocks in the Baltic Sea are established in line with the objectives of the plan.
(6) The International Council for the Exploration of the Sea (ICES) has indicated that the biomass of western Baltic herring in ICES subdivisions 20-24 is only 48 % of the limit reference point for spawning stock biomass(Blim), below which it is possible that reproductive capacity might be reduced. Therefore, the scientific advice issued by ICES on 29 May 2020 in its annual stock advice was for zero catches for western Baltic herring. Under Article 5(2) of Regulation (EU) 2016/1139, all appropriate remedial measures should therefore to be adopted to ensure a rapid return of the stock concerned to levels above the level capable of producing MSY. Moreover, that provision requires further remedial measures to be adopted. To that end, it is necessary to take into account the timeline for the achievement of the objectives of the CFP in general, and of the plan in particular, in view of the expected effect of the remedial measures adopted, whilst at the same time adhering to the objectives of achieving economic, social and employment benefits as set out in Article 2 of Regulation (EU) No 1380/2013. Therefore and in accordance with Article 4(4) of Regulation (EU) 2016/1139, it is appropriate that fishing opportunities for western Baltic herring be set below the fishing mortality ranges, so as to take into account the decrease in the biomass for that stock in ICES subdivisions 20-24.
(7) As regards the eastern Baltic cod stock, since 2019, ICES has been able to base its precautionary advice on a more data-rich assessment than was previously possible. ICES estimates that the biomass of eastern Baltic cod was below Blimin 2019 and has decreased further since then. ICES therefore reiterated its advice for zero catches of eastern Baltic cod for 2021. However, ICES has not been in a position to determine the values of the fishing mortality ranges. Like last year, if the fishing opportunities for eastern Baltic cod were to be set at the level indicated in the scientific advice, the obligation to land all catches in mixed fisheries with by-catches of eastern Baltic cod would lead to the phenomenon of ‘choke species’. In order to strike the right balance between continuing fisheries in view of the potentially severe socioeconomic implications of prohibiting any catches of eastern Baltic cod, and the need to achieve a good biological status for the stock, taking into account the difficulty of fishing all stocks in a mixed fishery at MSY at the same time, it is appropriate to establish a specific TAC for by-catches of eastern Baltic cod. The fishing opportunities are to be set in accordance with Article 5(2) of Regulation (EU) 2016/1139.
(8) In May 2020, ICES provided updated advice on levels of cod by-catches in other fisheries. It is appropriate to set the fishing opportunities in accordance with that advice, with an exemption for fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Council(3). Moreover, pursuant to Article 5(2) of Regulation (EU) 2016/1139, additional remedial measures are to be adopted to ensure the rapid return of the stock to levels above the level capable of producing MSY. Scientific advice indicates that spawning closures in particular can have additional benefits for a stock that cannot be achieved by TAC alone, for example increased recruitment through undisturbed spawning. Therefore it is appropriate to maintain the existing summer spawning closure. Furthermore, scientific advice indicates that the relative importance of recreational fisheries of eastern Baltic cod depends on the TAC level. Given the very reduced TAC, the quantities caught in recreational fisheries are considered substantial and it is therefore appropriate to maintain the prohibition of recreational fishing for cod in ICES subdivisions 25 and 26 where eastern Baltic cod is most abundant.
(9) As regards the western Baltic cod stock, ICES has revised the estimated biomass downwards and estimates that the biomass of the western Baltic cod stock has not recovered to above the spawning stock biomass reference point below which specific and appropriate management action is to be taken (Btrigger). It is therefore appropriate to maintain the accompanying measures introduced for 2020 and to set the fishing opportunities in accordance with Article 5(1) of Regulation (EU) 2016/1139 while taking into account the levels of cod by-caught in other fisheries in ICES subdivision 24 advised by ICES, in order to be coherent with the approach followed in the eastern Baltic cod management area. Moreover, scientific advice indicates that the western and eastern cod stocks mix in ICES subdivision 24. In order to protect the eastern cod stock and ensure a level playing field with the eastern Baltic cod management area, the use of the TAC in ICES subdivision 24 should continue to be limited to by-catches of cod with an exemption for fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241, and for small-scale coastal fishermen fishing with passive gears in areas up to six nautical miles from shore where the water depth is less than 20 metres since western cod is predominant in those shallow coastal areas. Moreover, the closure period in ICES subdivision 24 should be aligned with the closure period in ICES subdivisions 25 and 26 in order to ensure equivalent protection consistent with ICES advice.
(10) Accordingly, and in order to ensure a level playing field with ICES subdivisions 25 and 26, recreational fishing for cod in ICES subdivision 24 should continue to be prohibited beyond six nautical miles from shore. Moreover, as the scientific advice indicates that recreational fisheries contribute significantly to the overall fishing mortality of that stock and taking into account the status of that stock and the reduction of the TAC, the daily bag limit per fisherman should be maintained. This is without prejudice to the principle of relative stability applicable to commercial fishing activities. Finally, given the fragile status of the stock and the fact that the scientific advice indicates that spawning closures in particular can have additional benefits for a stock that cannot be achieved by TAC alone, for example an increased recruitment through undisturbed spawning, the winter spawning closure should be maintained, with an exemption for certain small-scale coastal fishermen and for fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.
(11) ICES estimates that the biomass of central Baltic herring has fallen below the spawning stock biomass reference point below which specific and appropriate management action is to be taken (Btrigger). It is therefore appropriate to set the fishing opportunities in accordance with Article 5(1) of Regulation (EU) 2016/1139.
(12) According to ICES advice, cod is by-caught in plaice fisheries. Furthermore, sprat is caught in a mixed fishery with herring and is a prey species for cod. It is appropriate to take those inter-species considerations into account in setting the fishing opportunities for plaice and sprat.
(13) In order to ensure full use of coastal fishing opportunities, a limited inter-area flexibility for salmon from ICES subdivisions 22-31 to ICES subdivision 32 was introduced in 2019. Given the changes in fishing opportunities for those two stocks, it is appropriate to increase that flexibility.
(14) The introduction of a prohibition of fishing for sea trout beyond four nautical miles and of a limitation of by-catches of sea trout to 3 % of the combined catch of sea trout and salmon has contributed to a large extent to substantially reducing previously significant misreporting of catches in salmon fishery, in particular as sea trout catches. It is therefore appropriate to maintain that provision in order to reduce misreporting as much as possible.
(15) The use of the fishing opportunities set out in this Regulation is subject to Council Regulation (EC) No 1224/2009(4), and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing effort, and to the transmission of data on the exhaustion of fishing opportunities to the Commission. This Regulation should therefore specify the codes relating to landings of stocks subject to this Regulation that are to be used by Member States when sending data to the Commission.
(16) Council Regulation (EC) No 847/96(5)introduced additional conditions for year-to-year management of TACs including, under Articles 3 and 4, 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 Articles 3 or 4 shall not 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 living marine biological resources, hinder the achievement of the objectives of the CFP and cause the biological status of the stocks to deteriorate, 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.
(17) Moreover given that the biomass of the stock of eastern Baltic cod is below Blimand that only by-catch and scientific fisheries are permitted in 2021, Member States have undertaken not to apply Article 15(9) of Regulation (EU) No 1380/2013 for this stock for transfers from 2020 to 2021 so that catches in 2021 will not exceed the TAC set for eastern Baltic cod.
(18) The fishing year for Norway pout in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 is from 1 November to 31 October. Based on new scientific advice, a preliminary TAC for Norway pout should be established for those areas. The United Kingdom does not hold a quota for Norway pout. However, part of the quota is taken in UK waters. The United Kingdom has been consulted in accordance with Article 130(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community(6). A preliminary TAC for fishing opportunities for the period 1 November 2020 to 31 December 2020 should therefore be set. That TAC will allow for the start of the fishing season. The United Kingdom will be consulted on fishing opportunities for the period 1 January 2021 to 31 October 2021. Despite the fact that the United Kingdom has no quota share in this stock, the resource is shared with the United Kingdom. Therefore consultations concerning the joint management of the stock should take place after the expiration of the transition period on 31 December 2020. The Regulation on fishing opportunities for Norway pout in the ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 should later be amended to include the outcome of those consultations, for the period 1 January 2021 to 31 October 2021, to cover the full fishing year from 1 November 2020 to 31 October 2021.
(19) In order to avoid the interruption of fishing activities and to ensure the livelihoods of Union fishermen, this Regulation should apply from 1 January 2021. However, this Regulation should apply to Norway pout in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 from 1 November 2020 until 31 October 2021. For reasons of urgency, this Regulation should enter into force immediately after its publication,
HAS ADOPTED THIS REGULATION:

Subject matter
Article 1
This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2021 and amends certain fishing opportunities in other waters fixed by Regulation (EU) 2020/123(7).

Scope
Article 2
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.

Definitions
Article 3
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 ICES subdivision of the Baltic Sea as defined in Annex III to Council Regulation (EC) No 218/2009(8);
(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.

TACs and allocations
Article 4
The TACs, the quotas and the conditions functionally linked thereto, where appropriate, are set out in the Annex.

Special provisions on allocations of fishing opportunities
Article 5
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.

Conditions for landing of catches and by-catches
Article 6
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.

Closures to protect cod spawning
Article 7
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, which may be undertaken 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, 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 where water depth is less than 50 metres for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, and whose landings are sorted.
3. It shall be prohibited to fish with any type of fishing gear in subdivisions 22 and 23 from 1 February 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 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, drifting lines, handlines and jigging equipment or similar passive gear in subdivisions 22 and 23 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, and in subdivision 24 in areas up to six nautical miles measured from the baselines 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 up to six nautical miles measured from the baselines where the water depth is less than 40 metres for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, and whose landings are sorted.
5. Masters of fishing vessels as referred to in paragraph 2, points (b) or (c) and paragraph 4, points (b) or (c) shall ensure that their fishing activity can be monitored at any time by the control authorities of the Member State.

Measures on recreational fisheries for cod in subdivisions 22-26
Article 8
1. In recreational fisheries, no more than five specimens 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 1 February to 31 march 2021, when no more than two specimens of cod may be retained per fisherman per day.
2. Recreational fishing for 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.

Measures on sea trout and salmon fishing in subdivisions 22-32
Article 9
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 2021. When fishing for salmon in those waters, 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. This Article is without prejudice to more stringent national measures.

Flexibility
Article 10
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 shall apply 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.

Data transmission
Article 11
Where, 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.

Amendment to Regulation (EU) 2020/123
Article 12
In Annex IA, the Fishing opportunities table for Norway pout and associated by-catches in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 is replaced by the following:

Entry into force
Article 13
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2021, except Article 12 which shall apply from 1 November 2020 until 31 October 2021.

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,
(1) 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 and other advisory bodies, as well as advice received from Advisory Councils established for the relevant geographical areas or fields of competence and joint recommendations made by Member States.
(2) It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy (CFP) set out in Regulation (EU) No 1380/2013.
(3) Regulation (EU) No 1380/2013 provides that the objective of the CFP is to achieve the maximum sustainable yield (MSY) exploitation rate by 2015 where possible and, on a progressive, incremental basis, at the latest by 2020 for all stocks.
(4) The total allowable catches (TACs) should therefore be established, in accordance with Regulation (EU) No 1380/2013, on the basis of the available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as having regard to the opinions expressed during the consultation with stakeholders.
(5) Regulation (EU) 2016/1139 of the European Parliament and of the Council(2)establishes a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and for the fisheries exploiting those stocks (‘the plan’). The plan aims to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY. To that end, the target fishing mortality for the stocks concerned, expressed in ranges, is to be achieved as soon as possible and, on a progressive, incremental basis, by 2020. It is appropriate that the catch limits applicable in 2021 for the cod, herring and sprat stocks in the Baltic Sea are established in line with the objectives of the plan.
(6) The International Council for the Exploration of the Sea (ICES) has indicated that the biomass of western Baltic herring in ICES subdivisions 20-24 is only 48 % of the limit reference point for spawning stock biomass(Blim), below which it is possible that reproductive capacity might be reduced. Therefore, the scientific advice issued by ICES on 29 May 2020 in its annual stock advice was for zero catches for western Baltic herring. Under Article 5(2) of Regulation (EU) 2016/1139, all appropriate remedial measures should therefore to be adopted to ensure a rapid return of the stock concerned to levels above the level capable of producing MSY. Moreover, that provision requires further remedial measures to be adopted. To that end, it is necessary to take into account the timeline for the achievement of the objectives of the CFP in general, and of the plan in particular, in view of the expected effect of the remedial measures adopted, whilst at the same time adhering to the objectives of achieving economic, social and employment benefits as set out in Article 2 of Regulation (EU) No 1380/2013. Therefore and in accordance with Article 4(4) of Regulation (EU) 2016/1139, it is appropriate that fishing opportunities for western Baltic herring be set below the fishing mortality ranges, so as to take into account the decrease in the biomass for that stock in ICES subdivisions 20-24.
(7) As regards the eastern Baltic cod stock, since 2019, ICES has been able to base its precautionary advice on a more data-rich assessment than was previously possible. ICES estimates that the biomass of eastern Baltic cod was below Blimin 2019 and has decreased further since then. ICES therefore reiterated its advice for zero catches of eastern Baltic cod for 2021. However, ICES has not been in a position to determine the values of the fishing mortality ranges. Like last year, if the fishing opportunities for eastern Baltic cod were to be set at the level indicated in the scientific advice, the obligation to land all catches in mixed fisheries with by-catches of eastern Baltic cod would lead to the phenomenon of ‘choke species’. In order to strike the right balance between continuing fisheries in view of the potentially severe socioeconomic implications of prohibiting any catches of eastern Baltic cod, and the need to achieve a good biological status for the stock, taking into account the difficulty of fishing all stocks in a mixed fishery at MSY at the same time, it is appropriate to establish a specific TAC for by-catches of eastern Baltic cod. The fishing opportunities are to be set in accordance with Article 5(2) of Regulation (EU) 2016/1139.
(8) In May 2020, ICES provided updated advice on levels of cod by-catches in other fisheries. It is appropriate to set the fishing opportunities in accordance with that advice, with an exemption for fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Council(3). Moreover, pursuant to Article 5(2) of Regulation (EU) 2016/1139, additional remedial measures are to be adopted to ensure the rapid return of the stock to levels above the level capable of producing MSY. Scientific advice indicates that spawning closures in particular can have additional benefits for a stock that cannot be achieved by TAC alone, for example increased recruitment through undisturbed spawning. Therefore it is appropriate to maintain the existing summer spawning closure. Furthermore, scientific advice indicates that the relative importance of recreational fisheries of eastern Baltic cod depends on the TAC level. Given the very reduced TAC, the quantities caught in recreational fisheries are considered substantial and it is therefore appropriate to maintain the prohibition of recreational fishing for cod in ICES subdivisions 25 and 26 where eastern Baltic cod is most abundant.
(9) As regards the western Baltic cod stock, ICES has revised the estimated biomass downwards and estimates that the biomass of the western Baltic cod stock has not recovered to above the spawning stock biomass reference point below which specific and appropriate management action is to be taken (Btrigger). It is therefore appropriate to maintain the accompanying measures introduced for 2020 and to set the fishing opportunities in accordance with Article 5(1) of Regulation (EU) 2016/1139 while taking into account the levels of cod by-caught in other fisheries in ICES subdivision 24 advised by ICES, in order to be coherent with the approach followed in the eastern Baltic cod management area. Moreover, scientific advice indicates that the western and eastern cod stocks mix in ICES subdivision 24. In order to protect the eastern cod stock and ensure a level playing field with the eastern Baltic cod management area, the use of the TAC in ICES subdivision 24 should continue to be limited to by-catches of cod with an exemption for fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241, and for small-scale coastal fishermen fishing with passive gears in areas up to six nautical miles from shore where the water depth is less than 20 metres since western cod is predominant in those shallow coastal areas. Moreover, the closure period in ICES subdivision 24 should be aligned with the closure period in ICES subdivisions 25 and 26 in order to ensure equivalent protection consistent with ICES advice.
(10) Accordingly, and in order to ensure a level playing field with ICES subdivisions 25 and 26, recreational fishing for cod in ICES subdivision 24 should continue to be prohibited beyond six nautical miles from shore. Moreover, as the scientific advice indicates that recreational fisheries contribute significantly to the overall fishing mortality of that stock and taking into account the status of that stock and the reduction of the TAC, the daily bag limit per fisherman should be maintained. This is without prejudice to the principle of relative stability applicable to commercial fishing activities. Finally, given the fragile status of the stock and the fact that the scientific advice indicates that spawning closures in particular can have additional benefits for a stock that cannot be achieved by TAC alone, for example an increased recruitment through undisturbed spawning, the winter spawning closure should be maintained, with an exemption for certain small-scale coastal fishermen and for fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.
(11) ICES estimates that the biomass of central Baltic herring has fallen below the spawning stock biomass reference point below which specific and appropriate management action is to be taken (Btrigger). It is therefore appropriate to set the fishing opportunities in accordance with Article 5(1) of Regulation (EU) 2016/1139.
(12) According to ICES advice, cod is by-caught in plaice fisheries. Furthermore, sprat is caught in a mixed fishery with herring and is a prey species for cod. It is appropriate to take those inter-species considerations into account in setting the fishing opportunities for plaice and sprat.
(13) In order to ensure full use of coastal fishing opportunities, a limited inter-area flexibility for salmon from ICES subdivisions 22-31 to ICES subdivision 32 was introduced in 2019. Given the changes in fishing opportunities for those two stocks, it is appropriate to increase that flexibility.
(14) The introduction of a prohibition of fishing for sea trout beyond four nautical miles and of a limitation of by-catches of sea trout to 3 % of the combined catch of sea trout and salmon has contributed to a large extent to substantially reducing previously significant misreporting of catches in salmon fishery, in particular as sea trout catches. It is therefore appropriate to maintain that provision in order to reduce misreporting as much as possible.
(15) The use of the fishing opportunities set out in this Regulation is subject to Council Regulation (EC) No 1224/2009(4), and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing effort, and to the transmission of data on the exhaustion of fishing opportunities to the Commission. This Regulation should therefore specify the codes relating to landings of stocks subject to this Regulation that are to be used by Member States when sending data to the Commission.
(16) Council Regulation (EC) No 847/96(5)introduced additional conditions for year-to-year management of TACs including, under Articles 3 and 4, 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 Articles 3 or 4 shall not 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 living marine biological resources, hinder the achievement of the objectives of the CFP and cause the biological status of the stocks to deteriorate, 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.
(17) Moreover given that the biomass of the stock of eastern Baltic cod is below Blimand that only by-catch and scientific fisheries are permitted in 2021, Member States have undertaken not to apply Article 15(9) of Regulation (EU) No 1380/2013 for this stock for transfers from 2020 to 2021 so that catches in 2021 will not exceed the TAC set for eastern Baltic cod.
(18) The fishing year for Norway pout in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 is from 1 November to 31 October. Based on new scientific advice, a preliminary TAC for Norway pout should be established for those areas. The United Kingdom does not hold a quota for Norway pout. However, part of the quota is taken in UK waters. The United Kingdom has been consulted in accordance with Article 130(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community(6). A preliminary TAC for fishing opportunities for the period 1 November 2020 to 31 December 2020 should therefore be set. That TAC will allow for the start of the fishing season. The United Kingdom will be consulted on fishing opportunities for the period 1 January 2021 to 31 October 2021. Despite the fact that the United Kingdom has no quota share in this stock, the resource is shared with the United Kingdom. Therefore consultations concerning the joint management of the stock should take place after the expiration of the transition period on 31 December 2020. The Regulation on fishing opportunities for Norway pout in the ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 should later be amended to include the outcome of those consultations, for the period 1 January 2021 to 31 October 2021, to cover the full fishing year from 1 November 2020 to 31 October 2021.
(19) In order to avoid the interruption of fishing activities and to ensure the livelihoods of Union fishermen, this Regulation should apply from 1 January 2021. However, this Regulation should apply to Norway pout in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 from 1 November 2020 until 31 October 2021. For reasons of urgency, this Regulation should enter into force immediately after its publication,
HAS ADOPTED THIS REGULATION:

Subject matter

This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2021 and amends certain fishing opportunities in other waters fixed by Regulation (EU) 2020/123(7).

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.

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 ICES subdivision of the Baltic Sea as defined in Annex III to Council Regulation (EC) No 218/2009(8);
(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.

TACs and allocations

The TACs, the quotas and the conditions functionally linked thereto, where appropriate, are set out in the Annex.

Special provisions on allocations 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.

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.

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, which may be undertaken 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, 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 where water depth is less than 50 metres for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, and whose landings are sorted.
3. It shall be prohibited to fish with any type of fishing gear in subdivisions 22 and 23 from 1 February 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 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, drifting lines, handlines and jigging equipment or similar passive gear in subdivisions 22 and 23 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, and in subdivision 24 in areas up to six nautical miles measured from the baselines 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 up to six nautical miles measured from the baselines where the water depth is less than 40 metres for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, and whose landings are sorted.
5. Masters of fishing vessels as referred to in paragraph 2, points (b) or (c) and paragraph 4, points (b) or (c) shall ensure that their fishing activity can be monitored at any time by the control authorities of the Member State.

Measures on recreational fisheries for cod in subdivisions 22-26

1. In recreational fisheries, no more than five specimens 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 1 February to 31 march 2021, when no more than two specimens of cod may be retained per fisherman per day.
2. Recreational fishing for 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.

Measures on sea trout and salmon fishing 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 2021. When fishing for salmon in those waters, 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. This Article is without prejudice to more stringent national measures.

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 shall apply 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.

Data transmission

Where, 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.

Amendment to Regulation (EU) 2020/123

In Annex IA, the Fishing opportunities table for Norway pout and associated by-catches in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 is replaced by the following:

Entry into force

This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2021, except Article 12 which shall apply from 1 November 2020 until 31 October 2021.

TACs APPLICABLE TO UNION FISHING VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA

ANNEXThe following tables set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto.
The references to fishing zones are references to ICES zones, unless otherwise specified.
The fish stocks are referred to using the alphabetical order of the Latin names of the species.
For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:

Scientific name | Alpha-3 code | Common name
Clupea harengus | HER | Herring
Gadus morhua | COD | Cod
Pleuronectes platessa | PLE | Plaice
Salmo salar | SAL | Atlantic salmon
Sprattus sprattus | SPR | Sprat

Species: | HerringClupea harengus | Zone: | Subdivisions 30-31(HER/30/31.)
Finland | 53 306 | |
Sweden | 11 712 |
Union | 65 018 |
TAC | 65 018 | | Precautionary TAC

Species: | HerringClupea harengus | Zone: | Subdivisions 22-24(HER/3BC+24)
Denmark | 221 | |
Germany | 869 |
Finland | 0 |
Poland | 205 |
Sweden | 280 |
Union | 1 575 |
TAC | 1 575 | | Analytical TACArticle 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.

Species: | HerringClupea harengus | Zone: | Union waters of subdivisions 25-27, 28.2, 29 and 32(HER/3D-R30)
Denmark | 2 146 | |
Germany | 569 |
Estonia | 10 960 |
Finland | 21 393 |
Latvia | 2 705 |
Lithuania | 2 848 |
Poland | 24 304 |
Sweden | 32 626 |
Union | 97 551 |
TAC | Not relevant | Analytical TACArticle 6 of this Regulation applies.

Species: | HerringClupea harengus | Zone: | Subdivision 28.1(HER/03D.RG)
Estonia | 18 216 | |
Latvia | 21 230 |
Union | 39 446 |
TAC | 39 446 | | Analytical TACArticle 6 of this Regulation applies.

Species: | CodGadus morhua | Zone: | Union waters of subdivisions 25-32(COD/3DX32.)
Denmark | 137 | (1) |
Germany | 54 | (1)
Estonia | 13 | (1)
Finland | 10 | (1)
Latvia | 51 | (1)
Lithuania | 33 | (1)
Poland | 159 | (1)
Sweden | 138 | (1)
Union | 595 | (1)
TAC | Not relevant | Precautionary TACArticle 3(2) and (3) of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.

Species: | CodGadus morhua | Zone: | Subdivisions 22-24(COD/3BC+24)
Denmark | 1 746 | (2) |
Germany | 854 | (2)
Estonia | 39 | (2)
Finland | 34 | (2)
Latvia | 144 | (2)
Lithuania | 94 | (2)
Poland | 467 | (2)
Sweden | 622 | (2)
Union | 4 000 | (2)
TAC | 4 000 | (2) | Analytical TACArticle 3(2) and (3) of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.

Species: | PlaicePleuronectes platessa | Zone: | Union waters of subdivisions 22-32(PLE/3BCD-C)
Denmark | 5 187 | |
Germany | 576 |
Poland | 1 086 |
Sweden | 391 |
Union | 7 240 |
TAC | 7 240 | | Analytical TACArticle 6 of this Regulation applies.

Species: | Atlantic salmonSalmo salar | Zone: | Union waters of subdivisions 22-31(SAL/3BCD-F)
Denmark | 19 582 | (3) |
Germany | 2 179 | (3)
Estonia | 1 990 | (3)(4)
Finland | 24 417 | (3)
Latvia | 12 455 | (3)
Lithuania | 1 464 | (3)
Poland | 5 940 | (3)
Sweden | 26 469 | (3)
Union | 94 496 | (3)
TAC | Not relevant | Precautionary TACArticle 3(2) and (3) of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.

Species: | Atlantic salmonSalmo salar | Zone: | Union waters of subdivision 32(SAL/3D32.)
Estonia | 911 | (5) |
Finland | 7 972 | (5)
Union | 8 883 | (5)
TAC | Not relevant | Precautionary TAC

Species: | SpratSprattus sprattus | Zone: | Union waters of subdivisions 22-32(SPR/3BCD-C)
Denmark | 21 993 | |
Germany | 13 933 |
Estonia | 25 539 |
Finland | 11 513 |
Latvia | 30 845 |
Lithuania | 11 158 |
Poland | 65 460 |
Sweden | 42 517 |
Union | 222 958 |
TAC | Not relevant | Analytical TACArticle 6 of this Regulation applies.
(1) Exclusively for by-catches. No directed fisheries are permitted under this quota.Byway of derogation from the first paragraph, fishing operations conducted for the exclusive purpose of scientific investigations may be directed to cod provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.
(2) In subdivision 24 exclusively for by-catches. No directed fisheries are permitted under this quota in subdivision 24.By way of derogation from the first paragraph, fishing operations conducted for the exclusive purpose of scientific investigations may be directed to cod provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241.By way of derogation from the first paragraph, fishing this quota in subdivision 24 is permitted for Union fishing vessels of less than 12 metres length overall fishing with gillnets, entangling nets or trammel nets, with bottom set lines, longlines, drifting lines, handlines and jigging equipment or similar passive gear in areas up to six nautical miles measured from the baselines where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities. Masters of those fishing vessels shall ensure that their fishing activity can be monitored at any time by the control authorities of the Member State.
(3) Expressed by number of individual fish.
(4) Special condition: up to 25 % and no more than 500 specimens of this quota may be fished in Union waters of subdivision 32 (SAL/*3D32).
(5) Expressed by number of individual fish.