Council Regulation (EU) 2019/529 of 28 March 2019 amending Regulation (EU) 2019/124 as regards certain fishing opportunities

Council Regulation (EU) 2019/529 of 28 March 2019 amending Regulation (EU) 2019/124 as regards certain fishing opportunities THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof, Having regard to the proposal from the European Commission, Whereas: (1) Council Regulation (EU) 2019/124 Council Regulation (EU) 2019/124 of 30 January 2019 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 29, 31.1.2019, p. 1). fixes the fishing opportunities for 2019 for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters. (2) At its annual meeting in 2018, the Western and Central Pacific Fisheries Commission (WCPFC) maintained conservation measures for swordfish and tropical tunas. Those measures should be implemented in the law of the Union. (3) At its annual meeting in 2019, the South Pacific Regional Fisheries Management Organisation (SPRFMO) adopted new catch limits for jack mackerel (Trachurus murphyi) and approved exploratory fisheries for toothfish (Dissostichus spp.). The applicable measures should be implemented in the law of the Union. (4) In Regulation (EU) 2019/124, the total allowable catch (TAC) for sandeel in the International Council for the Exploration of the Sea (ICES) divisions 2a and 3a and ICES subarea 4 was set at zero. Sandeel is a short-lived species and the relevant scientific advice becomes available in the second half of February, while the fishing activities start in April. (5) The catch limits for sandeel in ICES divisions 2a and 3a and ICES subarea 4 should be amended in line with the latest scientific advice from the ICES, issued on 22 February 2019, for the maximum sustainable yield approach and, for certain management areas, for the precautionary approach. (6) Effort limits for Union fishing vessels in the International Commission for the Conservation of Atlantic Tunas (ICCAT) Convention Area are based on information provided in the fishing, capacity and farming plans for bluefin tuna communicated by Member States to the Commission. Those effort limits were reported through the Union plan endorsed by ICCAT during the Intersessional meeting of Panel 2 held on 4 and 5 March 2019. They should be established as part of the fishing opportunities. (7) Regulation (EU) 2019/124 should therefore be amended accordingly. (8) The catch limits provided for in Regulation (EU) 2019/124 apply from 1 January 2019. The provisions introduced by this Regulation concerning catch limits should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted, HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2019/124 is amended as follows: (1) Article 27(2) is replaced by the following: 2. The Member States referred to in paragraph 1 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2019 to the total Union level of 36102 gross tonnage in that area.; (2) the following Article is inserted:

Article 28a

Exploratory fisheries

1. Member States may participate in longline exploratory fisheries for toothfish (Dissostichus spp.) in the SPRFMO Convention Area in 2019 only if the SPRFMO has approved their application for such fisheries including a Fisheries Operation Plan and commitment to implement a Data Collection Plan.
2. Fishing shall take place only in the research blocks specified in Annex IJ. Fishing shall be prohibited in depths less than 750 metres and more than 2000 metres.
3. The TAC shall be as set out in Annex IJ. Fishing shall be limited to one trip of a maximum duration of 21 consecutive days and to a maximum number of 5000 hooks per set, with a maximum of 20 sets per research block. Fishing shall cease either when the TAC is reached or if 100 sets have been set and hauled, whichever is sooner.; (3) Annexes IA, IB, IH, IJ, III, IV, VII and VIII to Regulation (EU) 2019/124 are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2019. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 March 2019. For the Council The President G. Ciamba

Annex

ANNEX

1. Annex IA is amended as follows: (a) the fishing opportunities table for sandeel and associated by-catches in Union waters of ICES divisions 2a and 3a and ICES subarea 4 is replaced by the following: Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula. Up to 2 % of the quota may consist of by-catches of whiting and mackerel (OT1/2A3A4). By-catches of whiting and mackerel counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota. Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following sandeel management areas, as defined in Annex IIC: In management areas 2r and 4 the TAC may only be fished as a monitoring TAC with an associated sampling protocol for the fishery. ZoneUnion waters of sandeel management areas1r2r3r45r67r(SAN/234_1R)(SAN/234_2R)(SAN/234_3R)(SAN/234_4)(SAN/234_5R)(SAN/234_6)(SAN/234_7R)Denmark86704471710084471701650United Kingdom1895103220103040Germany1337157000Sweden3184173370173060Union91916500010689500001750Total91916500010689500001750 Species: Sandeel and associated by-catches Ammodytes spp. Zone:Union waters of 2a, 3a and 4Denmark106387United Kingdom2325Germany162Sweden3906Union112780TAC112780

Article 4 of Regulation (EC) No 847/96 shall not apply (b) the fishing opportunities table for blue whiting in Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 is replaced by the following: Special condition: within a total access quantity of 22500 tonnes for the Union, Member States may fish up to the following percentage of their quotas in Faroese waters (WHB/05-F.): 7 %. Transfers of this quota may be effected to 8c, 9 and 10; Union waters of CECAF 34.1.1. However, such transfers shall be notified in advance to the Commission. Special condition: from the EU quotas in Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 (WHB/NZJM1) and in 8c, 9 and 10; Union waters of CECAF 34.1.1 (WHB/NZJM2), the following quantity may be fished in the Norwegian Economic Zone or in the fishery zone around Jan Mayen: 227975. Species: Blue whiting Micromesistius poutassou Zone: Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 (WHB/1X14) Denmark48813Germany18979Spain41383France33970Ireland37800The Netherlands59522Portugal3844Sweden12075United Kingdom63341Union319727Norway99900Faroe Islands10000TACNot relevant Analytical TAC

Article 7(2) of this Regulation applies (c) the fishing opportunities table for Ling in Union waters of 4 is replaced by the following: Special condition: of which up to 25 % but no more than 75t may be fished in: Union waters of 3a (LIN/03A-C). Species: Ling Molva molva Zone: Union waters of 4 (LIN/04-C.) Belgium26Denmark404Germany250France225The Netherlands9Sweden17United Kingdom3104Union4035TAC4035Precautionary TAC (d) the Appendix is replaced by the following: 2. Annex IB is amended as follows: (a) the fishing opportunities table for herring in Union, Faroese, Norwegian and international waters of 1 and 2 is replaced by the following: When reporting catches to the Commission the quantities fished in each of the following areas shall also be reported: NEAFC Regulatory Area and Union waters. May be fished in Union waters north of 62° N. To be counted against the catch limits of the Faroe Islands. To be counted against the catch limits of Norway. Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones: Norwegian waters north of 62° N and the fishery zone around Jan Mayen (HER/2AJMN)344842, 5b north of 62° N (Faroese waters) (HER/25B-F)Belgium2Denmark1541Germany270Spain5France67Ireland399The Netherlands552Poland78Portugal5Finland24Sweden571United Kingdom986 Species: Herring Clupea harengus Zone: Union, Faroese, Norwegian and international waters of 1 and 2 (HER/1/2-) Belgium13Denmark13129Germany2299Spain43France566Ireland3399The Netherlands4698Poland664Portugal43Finland203Sweden4865United Kingdom8393Union38315Faroe Islands4500Norway34484TAC588562Analytical TAC (b) the fishing opportunities table for cod in Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14 is replaced by the following: Except for by-catches, the following conditions shall apply to these quotas:

1. They may not be fished between 1 April and 31 May 2019.
2. EU vessels may choose to fish in either or both of the following areas: Reporting codeGeographical limitsCOD/GRL1The part of the Greenlandic fishing zone that lies within NAFO sub-area 1F West of 44° 00′ W and South of 60° 45′ N, that portion of NAFO subarea 1 lying south of the parallel of 60° 45′ north latitude (Cape Desolation) and the part of the Greenlandic fishing zone within ICES division 14b that lies East of 44° 00′ W and South of 62° 30′ N.COD/GRL2The part of the Greenlandic fishing area that lies within ICES division 14b North of 62° 30′ N. Species: Cod Gadus morhua Zone: Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14 (COD/N1GL14) Germany1636United Kingdom364Union2000TACNot relevant Analytical TAC

Article 4 of Regulation (EC) No 847/96 shall not apply (c) the fishing opportunities table for redfish (pelagic) in Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14 is replaced by the following: May only be fished from 10 May to 31 December. May only be fished in Greenland waters within the Redfish Conservation Area bounded by the lines joining the following coordinates: PointLatitudeLongitude164° 45′ N28° 30′ W262° 50′ N25° 45′ W361° 55′ N26° 45′ W461° 00′ N26° 30′ W559° 00′ N30° 00′ W659° 00′ N34° 00′ W761° 30′ N34° 00′ W862° 50′ N36° 00′ W964° 45′ N28° 30′ W Special condition: this quota may also be fished in international waters of the Redfish Conservation Area mentioned above (RED/5-14P). May only be fished in Greenland Waters of 5 and 14 (RED/514GN). Species: Redfish (pelagic) Sebastes spp. Zone: Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14 (RED/N1G14P) Germany765France4United Kingdom5Union774Norway561Faroe Islands0TACNot relevant Analytical TAC

Article 4 of Regulation (EC) No 847/96 shall not apply 3. Annex IH is replaced by the following: 4. Annex IJ is replaced by the following: 5. Annex III is replaced by the following: 6. Annex IV is replaced by the following: 7. Annex VII is replaced by the following: 8. Annex VIII is replaced by the following:

Annex

Appendix The TACs referred to in Article 8(4) are the following: For Belgium: common sole in 7a; common sole in 7f and 7g; common sole in 7e; common sole in 8a and 8b; megrims in 7, haddock in 7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1; Norway lobster in 7; cod in 7a; plaice in 7f and 7g; plaice in 7h, 7j and 7k; Skates and Rays in 6a, 6b, 7a-c and 7e-k. For France: mackerel in 3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32; herring in 4, 7d and Union waters of 2a; horse mackerel in Union waters of 4b, 4c and 7d; whiting in 7b-k; haddock in 7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1; common sole in 7f and 7g; whiting in 8; red seabream in Union and international waters of 6, 7 and 8; boarfish in Union and international waters of 6, 7 and 8; mackerel in 6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14; skates and rays in Union waters of 6a, 6b, 7a-c and 7e-k, skates and rays in Union waters of 7d, skates and rays in Union waters of 8 and 9; undulate ray in Union waters of 7d and 7e. For Ireland: anglerfish in 6; Union and international waters of 5b; international waters of 12 and 14; anglerfish in 7; Norway lobster in Functional Unit 16 of ICES Subarea 7. For the United Kingdom: in exchange for the West of Scotland cod and whiting: cod in 6b; Union and international waters of 5b west of 12° 00′ W and of 12 and 14; whiting in 6; Union and international waters of 5b; international waters of 12 and 14; and in exchange for the Celtic Sea cod, Irish Sea whiting and plaice in 7h, 7j and 7k: cod in 7b, 7c, 7e-k, 8, 9 and 10; Union waters; haddock in 7b-k, 8,9 and 10; Union waters of CECAF 34.1.1; sole in 7h, 7j and 7k; sole in 7e; plaice in 7h, 7j and 7k.

Annex

ANNEX IH WCPFC CONVENTION AREA Species: Swordfish Xiphias gladius Zone: WCPFC Convention Area south of 20° S (SWO/F7120S) Union3170,36TACNot relevantPrecautionary TAC

Annex

ANNEX IJ SPRFMO CONVENTION AREA Species: Jack mackerel Trachurus murphyi Zone: SPRFMO Convention Area (CJM/SPRFMO) Germany9079,65The Netherlands9841,41Lithuania6317,86Poland10863,08Union36102TACNot relevant Analytical TAC

Article 4 of Regulation (EC) No 847/96 shall not apply This TAC is for exploratory fisheries only. Fishing shall only take place within the following research blocks (A-E): Research block A: area bounded by latitudes 47° 15′ S and 48° 15′ S and by longitudes 146° 30′ E and 147° 30′ E Research block B: area bounded by latitudes 47° 15′ S and 48° 15′ S and by longitudes 147° 30′ E and 148° 30′ E Research block C: area bounded by latitudes 47° 15′ S and 48° 15′ S and by longitudes 148° 30′ E and 150° 00′ E Research block D: area bounded by latitudes 48° 15′ S and 49° 15′ S and by longitudes 149° 00′ E and 150° 00′ E Research block E: area bounded by latitudes 48° 15′ S and 49° 30′ S and by longitudes 150° 00′ E and 151° 00′ E. Species: Toothfish Dissostichus spp. Zone: SPRFMO Convention Area (TOP/SPRFMO) TAC45Precautionary TAC

Annex

ANNEX III MAXIMUM NUMBER OF FISHING AUTHORISATIONS FOR UNION FISHING VESSELS FISHING IN THIRD-COUNTRY WATERS Without prejudice to additional licences granted to Sweden by Norway in accordance with established practice. Those figures are included in the figures for all trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines. Those figures refer to the maximum number of vessels present at any time. Those figures are included in the figures for Trawl fisheries outside 21 miles from the Faroese baselines. The allocation of fishing opportunities available to the Union in the zone of Svalbard is without prejudice to the rights and obligations deriving from the Treaty of Paris of 1920. Area of fishingFisheryNumber of fishing authorisationsAllocation of fishing authorisations amongst Member StatesMaximum number of vessels present at any timeNorwegian waters and fishery zone around Jan MayenHerring, north of 62° 00′ N77DK2557DE5FR1IE8NL9PL1SV10UK18 Demersal species, north of 62° 00′ N80DE1650IE1ES20FR18PT9UK14Unallocated2MackerelNot relevantNot relevant70Industrial species, south of 62° 00′ N480DK450150UK30Faroese watersAll trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines26BE013DE4FR4UK18Directed fisheries for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62° 28′ N and east of 6° 30′ W8Not relevant4Trawl fisheries outside 21 miles from the Faroese baseline. In the periods from 1 March to 31 May and from 1 October to 31 December, those vessels may operate in the area between 61° 20′ N and 62° 00′ N and between 12 and 21 miles from the baselines70BE026DE10FR40UK20Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61° 30′ N and west of 9° 00′ W and in the area between 7° 00′ W and 9° 00′ W south of 60° 30′ N and in the area south-west of a line between 60° 30′ N, 7° 00′ W and 60° 00′ N, 6° 00′ W70DE820FR12 Directed trawl fisheries for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend70Not relevant22Fisheries for blue whiting. The total number of fishing authorisations may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called main fishing area of blue whiting34DE220DK5FR4NL6UK7SE1ES4IE4PT1Line fisheries10UK106Mackerel20DK212BE1DE2FR2IE3NL2SE2UK6Herring, north of 62° 00′ N20DK520DE2IE2FR1NL2PL1SE3UK4

1, 2bFishery for snow crab with pots20EE1Not applicableES1LV11LT4PL3

Annex

ANNEX IV ICCAT CONVENTION AREA The numbers shown in sections 1, 2 and 3 may decrease in order to comply with international obligations of the Union.

1. Maximum number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic Spain60France37Union97
2. Maximum number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean This number may increase if a purse seine vessel is replaced by 10 longline vessels in accordance with footnote 4 or footnote 6 of table A in point 4 of this Annex. Spain364France130Italy30Cyprus20Malta54Union598
3. Maximum number of Union fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposes Croatia16Italy12Union28
4. Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean Table A The numbers in this Table A of section 4 may be further increased, provided that the international obligations of the Union are complied with. One medium size purse seiner may be replaced by no more than 10 longline vessels or one small purse seiner and no more than three longline vessels. One medium size purse seiner may be replaced by no more than 10 longline vessels or one small size purse seine vessel and three other artisanal vessels. One medium size purse seiner may be replaced by no more than 10 longline vessels. This vessel shall not be used in 2019. Polyvalent vessels, using multi-gear equipment. Baitboats of the outermost regions of Azores and Madeira. Line vessels operating in the Atlantic. Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line). Number of fishing vesselsCyprusGreeceCroatiaItalyFranceSpainMaltaPortugalPurse Seiners11161922610Longliners230035849610Baitboat00003769076Handline0012033100Trawler000057000Small scale01300130599520Other artisanal042000000 Table B Total capacity in gross tonnageCyprusCroatiaGreeceItalyFranceSpainMaltaPurse SeinersTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedLonglinersTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be established BaitboatsTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedHandlinesTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTrawlersTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedOther artisanalTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be establishedTo be established

1. Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State This number may be further increased, provided that the international obligations of the Union are complied with. Member StateNumber of trapsSpain5Italy6Portugal3
2. Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean Table A Maximum tuna farming capacity and fattening capacityNumber of farmsCapacity (in tonnes)Spain1011852Italy1312600Greece22100Cyprus33000Croatia77880Malta612300 Table B The farming capacity of Portugal of 500 tonnes is covered by the unused capacity of the Union set out in Table A. The content of this table shall be further reviewed provided that the international obligations of the Union are complied with. The reviewed table shall not contain figures lower than the ones contained in Regulation (EC) 2018/120. Maximum input of wild caught bluefin tuna (in tonnes)Spain7000ItalyTo be determined GreeceTo be determinedCyprusTo be determinedCroatiaTo be determinedMalta8766Portugal350
3. The distribution between the Member States of the maximum number of fishing vessels flying the flag of a Member State authorised to fish for northern albacore as a target species in accordance with Article 12 of Regulation (EC) No 520/2007 shall be as follows: Member StateMaximum number of vesselsIreland50Spain730France151United Kingdom12Portugal310
4. Maximum number of Union fishing vessels of at least 20 meters length that fish for bigeye tuna in the ICCAT Convention Area shall be as follows: Member StateMaximum number of vessels with purse seinesMaximum number of vessels with longlinesSpain23190France11—Portugal—79Union34269

Annex

ANNEX VII WCPFC CONVENTION AREA Maximum number of Union fishing vessels authorised to fish for swordfish in areas south of 20° S of the WCPFC Convention Area Spain14Union14

Annex

ANNEX VIII QUANTITATIVE LIMITATIONS OF FISHING AUTHORISATIONS FOR THIRD-COUNTRY VESSELS FISHING IN UNION WATERS To issue those fishing authorisations, proof must be produced that a valid contract exists between the ship owner applying for the fishing authorisation and a processing undertaking situated in the Department of French Guiana, and that it includes an obligation to land at least 75 % of all snapper catches from the vessel concerned in that department so that they may be processed in that undertaking's plant. Such a contract must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guianese economy. A copy of the duly endorsed contract shall be appended to the fishing authorisation application. Where such an endorsement is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission.

Flag StateFisheryNumber of fishing authorisationsMaximum number of vessels present at any timeNorwayHerring, north of 62° 00′ NTo be establishedTo be establishedFaroe Islands Mackerel, 6a (north of 56° 30′ N), 2a, 4a (north of 59° N) Horse mackerel, 4, 6a (north of 56° 30′ N), 7e, 7f, 7h 2014Herring, north of 62° 00′ N20To be establishedHerring, 3a44Industrial fishing for Norway pout, 4, 6a (north of 56° 30′ N) (including unavoidable by-catches of blue whiting)1414Ling and tusk2010Blue whiting, 2, 4a, 5, 6a (north of 56° 30′ N), 6b, 7 (west of 12° 00′ W)2020Blue ling1616VenezuelaSnappers (French Guiana waters)4545