Council Regulation (EU) 2021/406 of 5 March 2021 amending Regulations (EU) 2021/91 and (EU) 2021/92 as regards certain provisional fishing opportunities for 2021 in Union waters and non-Union waters

Council Regulation (EU) 2021/406 of 5 March 2021 amending Regulations (EU) 2021/91 and (EU) 2021/92 as regards certain provisional fishing opportunities for 2021 in Union waters and non-Union waters 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) Regulation (EU) No 1380/2013 of the European Parliament and of the Council Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22). 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) and other advisory bodies, as well as any advice received from advisory councils. (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. Pursuant to 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) set out in Article 2(2) of that Regulation. For stocks subject to specific multiannual plans the TACs should be established in accordance with the rules laid down in those plans. Pursuant to Article 16(1) of that Regulation, fishing opportunities allocated to Member States are to ensure relative stability of fishing activities of each Member State for each fish stock or fishery. (3) The total allowable catch (TAC) should therefore be established, in line with Regulation (EU) No 1380/2013, on the basis of available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, in particular at the meetings of the advisory councils. (4) Due to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union, a large number of stocks have become shared stocks. The Commission will undertake bilateral consultations with the United Kingdom, bilateral consultations with Norway and trilateral consultations with the United Kingdom and Norway on the basis of the draft Union position to be endorsed by the Council. As those consultations have not yet been concluded, the Council should, in a manner that fully respects the United Nations Convention on the Law of the Sea (UNCLOS) and rights and obligations of the coastal states as well as their sovereignty and jurisdiction, establish provisional TACs to be fished in Union and international waters, and waters to which the Union fishing vessels are granted access by third countries.

(5) On 15-16 December 2020, the Council reached a political agreement on fishing opportunities for 2021. The Council agreed that provisional TACs for stocks shared with third countries should be set until those consultations are concluded in compliance with the Union legal framework and international obligations or, if they cannot be concluded successfully, until the Council establishes unilateral Union TACs in 2021. (6) The provisional TACs established in Council Regulations (EU) 2021/91 Council Regulation (EU) 2021/91 of 28 January 2021 fixing, for the years 2021 and 2022, the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 31, 29.1.2021, p. 20). and (EU) 2021/92 Council Regulation (EU) 2021/92 of 28 January 2021 fixing for 2021 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 31, 29.1.2021, p. 31). , which reflect the political agreement reached in the Council, aim to ensure continuation of sustainable Union fishing activities. Those provisional fishing opportunities should in no circumstances impede the fixing of definitive fishing opportunities in accordance with international agreements and the outcome of consultations, the Union legal framework and the scientific advice. As a general approach, they should correspond to 25 % of the Union share of the fishing opportunities fixed for 2020. However, in a very limited number of cases, another percentage should be used where the stocks are predominantly fished at the beginning of the year. This approach is without prejudice to the Union shares established in the Trade and Cooperation Agreement between the European Union and the United Kingdom Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and the Northern Ireland, of the other part (OJ L 444, 31.12.2020, p. 14). (Trade and Cooperation Agreement), which will be used to set definitive TACs. (7) The list of stocks for which a percentage higher than 25 % should apply, should be based on the analysis of the quota uptake in the first quarter of the last three years (2018-2020) by the Member States that requested a higher provisional TAC. Provisional TACs should not exceed potential definitive TACs, which, without prejudice to the upcoming consultations with the third countries, have been assessed in accordance with the scientific advice and taking into account the Union shares established in the Trade and Cooperation Agreement. Those increases in provisional TACs are in accordance with the ICES advice, the applicable Union legal framework and the Trade and Cooperation Agreement. They will enable Union fishing vessels to use the fishing opportunities to which they are entitled and of which they would be otherwise deprived, due to the seasonality of fishing of the stocks concerned. (8) The monthly catch data of the past years as reported to the Commission indicate that some other pelagic and demersal stocks are predominantly fished at the beginning of the year. Therefore, on the basis of that catch data and in accordance with the scientific advice, a higher percentage relative to the Union share of the fishing opportunities fixed for 2021 should be established for the corresponding TACs, without prejudice to an approach that may be taken in any future international agreements and/or consultations.

(9) Regulations (EU) 2021/91 and (EU) 2021/92 should therefore be amended accordingly. (10) The catch limits provided for in Regulations (EU) 2021/91 and (EU) 2021/92 apply from 1 January 2021. The provisions introduced by this Regulation concerning catch limits should therefore enter into force as soon as possible and apply retroactively from 1 January 2021. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned are increased and have not yet been exhausted. For reasons of urgency, this Regulation should enter into force immediately after its publication, HAS ADOPTED THIS REGULATION:

Article 1

Amendment of Regulation (EU) 2021/91 The Annex to Regulation (EU) 2021/91 is amended in accordance with Part A of the Annex to this Regulation.

Article 2

Amendment of Regulation (EU) 2021/92 Regulation (EU) 2021/92 is amended as follows: (1) Annex IA is amended in accordance with Part B of the Annex to this Regulation; (2) Annex IB is amended in accordance with Part C of the Annex to this Regulation.

Article 3

Entry into force This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2021. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 March 2021. For the Council The President A. P. Zacarias

Annex

ANNEX PART A In the Annex to Regulation (EU) 2021/91 the fishing opportunities table for alfonsinos in Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 is replaced by the following: Species: Alfonsinos Beryx spp. Zone: Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 (ALF/3X14-) Year2021 Precautionary TAC

Article 8(1) of this Regulation applies Ireland4(1)Spain29(1)France8(1)Portugal82(1)Union123(1)United Kingdom4(1)TAC127(1)(1)Exclusively for by-catches. No directed fisheries are permitted under this quota. PART B Annex IA to Regulation (EU) 2021/92 is amended as follows: (1) the fishing opportunities table for boarfishes in Union and international waters of 6, 7 and 8 is replaced by the following: Species: Boarfishes Caproidae Zone: Union and international waters of 6, 7 and 8 (BOR/678-) Denmark1645 Precautionary TAC

Article 7(1) of this Regulation applies Ireland4632Union6277United Kingdom426TAC6703 (2) the fishing opportunities table for anglerfishes in 7 is replaced by the following: Species: Anglerfishes Lophiidae Zone: 7 (ANF/07.) Belgium1468(1) Analytical TAC

Article 7(1) of this Regulation applies Germany164(1)Spain583(1)France9419(1)Ireland1204(1)Netherlands190(1)Union13028(1)United Kingdom2857(1) TAC15885(1)Special condition: of which up to 10 % may be fished in 8a, 8b, 8d and 8e (ANF/8ABDE). (3) the fishing opportunities table for whiting in 7b, 7c, 7d, 7e, 7f, 7g, 7h, 7j and 7k is replaced by the following: Species: Whiting Merlangiusmerlangus Zone: 7b, 7c, 7d, 7e, 7f, 7g, 7h, 7j and 7k (WHG/7X7A-C) Belgium37 Analytical TAC

Article 7(1) of this Regulation applies France2258Ireland1629Netherlands18Union3942United Kingdom404TAC4346 (4) 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: Species: Blue whiting Micromesistiuspoutassou Zone: Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 (WHB/1X14) Denmark34892(1) Analytical TAC

Article 7(1) of this Regulation applies Germany13566(1)Spain29581(1)(2)France24282(1)Ireland27019(1)Netherlands42546(1)Portugal2748(1)(2)Sweden8631(1)Union183265(1)(3)Norway69930Faroe Islands7000United Kingdom45274(1)TACNot relevant(1)Special condition: within a total access limit of 24375 tonnes for the Union, Member States may fish up to the following percentage of their quotas in Faroese waters (WHB/05-F.): 14,3 %. (2)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.(3) Special condition: from the Union 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: 133566 (5) the fishing opportunities table for blue whiting in 8c, 9 and 10; Union waters of CECAF 34.1.1 is replaced by the following: Species: Blue whiting Micromesistius poutassou Zone: 8c, 9 and 10; Union waters of CECAF 34.1.1 (WHB/8C3411) Spain25065 Analytical TAC

Article 7(1) of this Regulation applies Portugal6266Union31331(1)TACNot relevant(1) Special condition: from the Union 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: 133566 (6) the fishing opportunities table for blue whiting in Union waters of 2, 4a, 5, 6 north of 56° 30′ N and 7 west of 12° W is replaced by the following: Species: Blue whiting Micromesistiuspoutassou Zone: Union waters of 2, 4a, 5, 6 north of 56° 30′ N and 7 west of 12° W (WHB/24A567) Norway133566(1)(2) Analytical TAC

Article 7(1) of this Regulation applies Faroe Islands26250(3)(4)TACNot relevant(1)To be counted against quota established by Norway.(2) Special condition: the catch in 4a shall be no more than the following amount (WHB/04A-C): 28000 This catch restriction in 4a amounts to the following percentage of Norway’s access limit: 18 % (3)To be counted against the quota established by the Faroe Islands.(4) Special conditions: may also be fished in 6b (WHB/06B-C). The catch in 4a shall be no more than the following amount (WHB/04A-C): 6563 (7) the fishing opportunities table for Norway lobster in 7 is replaced by the following: Species: Norway lobster Nephrops norvegicus Zone: 7 (NEP/07.) Spain252(1) Analytical TAC

Article 7(1) of this Regulation applies France1022(1)Ireland1550(1)Union2824(1)United Kingdom1379(1)TAC4203(1)(1) Special condition: within the limits of the above-mentioned quotas, no more than the quantities given below may be taken in the following zone: Functional Unit 16 of ICES Subarea 7 (NEP/07U16): Spain437France274Ireland526Union1237United Kingdom213 (8) the fishing opportunities table for plaice in 7d and 7e is replaced by the following: Species: Plaice Pleuronectesplatessa Zone: 7d and 7e (PLE/7DE.) Belgium674 Analytical TAC

Article 7(1) of this Regulation applies France2247Union2921United Kingdom1198TAC4119 (9) the fishing opportunities table for undulate ray in 7d and 7e is replaced by the following: Species: Undulate ray Raja undulata Zone: 7d and 7e (RJU/7DE.) Belgium13(1) Precautionary TAC

Article 7(1) of this Regulation applies Estonia0(1)France63(1)Germany0(1)Ireland16(1)Lithuania0(1)Netherlands0(1)Portugal0(1)Spain14(1)Union106(1) United Kingdom35(1)TAC141(1)(1)This species shall not be targeted in the areas covered by this TAC. This species may only be landed whole or gutted. The former provisions are without prejudice to the prohibitions set out in Articles 20 and 57 of this Regulation for the areas specified therein. (10) the fishing opportunities table for mackerel in 3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 is replaced by the following: Species: Mackerel Scomberscombrus Zone: 3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 (MAC/2A34.) Belgium407(1)(2) Analytical TAC

Article 7(1) of this Regulation applies Denmark13999(1)(2)Germany424(1)(2)France1281(1)(2)Netherlands1289(1)(2)Sweden3821(1)(2)(3)Union21221(1)(2)Norway133741(4)United Kingdom1194(1)(2)TACNot relevant(1)Within the limits of the abovementioned quotas, no more than the quantities given below may also be taken in the two following zones:Norwegian waters of 2a (MAC/02AN-)Faroese waters (MAC/FRO1)Belgium5556Denmark18871929Germany5759France173176Netherlands174178Sweden515527Union28602925United Kingdom161165 (2)May also be taken in Norwegian waters of 4a (MAC/4AN.).(3) Special condition: including the following tonnage to be taken in Norwegian waters of 2a and 4a (MAC/2A4AN): 190 When fishing under this special condition, by-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quotas for those species. (4) To be deducted from Norway’s share of the TAC (access quota). This amount includes the following Norwegian share in the North Sea TAC: 38778 This quota may be fished in 4a only (MAC/04A.), except for the following amount, in tonnes, which may be fished in 3a (MAC/03A.): 2100 Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones: 3a3a and 4bc4b4c6, international waters of 2a, from 1 January to 15 February and from 1 September to 31 December(MAC/03A.)(MAC/3A4BC)(MAC/04B.)(MAC/04C.)(MAC/2A6.)Denmark02891008399France0343000Netherlands0343000Sweden0027372179United Kingdom0343000Norway21000000 (11) the fishing opportunities table for mackerel in 6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 is replaced by the following: Species: Mackerel Scomberscombrus Zone: 6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 (MAC/2CX14-) Germany17562(1) Analytical TAC

Article 7(1) of this Regulation applies Spain19(1)Estonia146(1)France11709(1)Ireland58539(1)Latvia108(1)Lithuania108(1)Netherlands25610(1)Poland1237(1)Union115038(1) Norway12369(2)(3)Faroe Islands26142(4)United Kingdom160985(1)TACNot relevant(1)Special condition: of which up to 25 % can be made available for exchanges to be fished by Spain, France and Portugal in 8c, 9 and 10 and Union waters of CECAF 34.1.1 (MAC/8C910).(2)May be fished in 2a, 6a north of 56° 30′ N, 4a, 7d, 7e, 7f and 7h (MAC/AX7H).(3) The amount of access limit indicated below (MAC/N5630), in tonnes, maybe fished by Norway North of 56°30′ N. The amounts not counted under footnote 2 shall be counted against the catch limit established by Norway. 28659 (4)This amount shall be deducted from the Faroe Islands’ catch limit (access quota). It may be fished only in 6a north of 56° 30′ N (MAC/6AN56). However, from 1 January to 15 February and from 1 October to 31 December this quota may also be fished in 2a, 4a north of 59°(EU zone) (MAC/24N59). Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones and periods: Union waters of 2a; Union and Norwegian waters of 4a. During the periods from 1 January to 15 February and from 1 September to 31 DecemberNorwegian waters of 2aFaroese waters(MAC/4A-EN)(MAC/2AN-)(MAC/FRO2)Germany1059914281461France7067951974Ireland3533047624871Netherlands1545720822131Union6845392239437United Kingdom971621309713395 (12) the fishing opportunities table for mackerel in 8c, 9 and 10; Union waters of CECAF 34.1.1 is replaced by the following: Species: Mackerel Scomber scombrus Zone: 8c, 9 and 10; Union waters of CECAF 34.1.1 (MAC/8C3411) Spain24990(1) Analytical TAC

Article 7(1) of this Regulation applies France166(1)Portugal5165(1)Union30321TACNot relevant (1)Special condition: quantities subject to exchanges with other Member States may be taken in 8a, 8b and 8d (MAC/8ABD.). However, the quantities provided by Spain, Portugal or France for exchange purposes and to be taken in 8a, 8b and 8d shall not exceed 25 % of the quotas of the donor Member State. Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone: 8b (MAC/08B.) Spain2099France14Portugal433 (13) the fishing opportunities table for common sole in Union waters of 2a and 4 is replaced by the following: Species: Common sole Soleasolea Zone: Union waters of 2a and 4 (SOL/24-C.) Belgium731 Analytical TAC

Article 7(1) of this Regulation applies Denmark334Germany585France146Netherlands6597Union8393Norway5(1)United Kingdom376TAC8774(1)May be fished only in Union waters of 4 (SOL/04-C.). (14) the fishing opportunities table for common sole 7b and 7c is replaced by the following: Species: Common sole Soleasolea Zone: 7b and 7c (SOL/7BC.) France6Precautionary TACIreland28Union34TAC34 (15) the fishing opportunities table for common sole in 7d is replaced by the following: Species: Common sole Soleasolea Zone: 7d (SOL/07D.) Belgium339 Precautionary TAC

Article 7(1) of this Regulation applies France678 Union1017United Kingdom242TAC1259 (16) the fishing opportunities table for horse mackerel and associated bycatches in Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 is replaced by the following: Species: Horse mackerel and associated by-catches Trachurus spp. Zone: Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 (JAX/2A-14) Denmark5457(1)(3) Analytical TAC

Article 7(1) of this Regulation applies Germany4258(1)(2)(3)Spain5808(3)(5)France2191(1)(2)(3)(5)Ireland14181(1)(3)Netherlands17085(1)(2)(3)Portugal559(3)(5)Sweden540(1)(3)Union50079(3)Faroe Islands1280(4)United Kingdom5135(1)(2)(3)TAC56494(1)Special condition: up to 5 % of this quota fished in Union waters of 2a or 4a before 30 June may be accounted for as fished under the quota concerning the zone of Union waters of 4b, 4c and 7d (JAX/2A4AC).(2)Special condition: up to 5 % of this quota may be fished in 7d (JAX/07D.). Under this special condition, and in accordance with footnote (3), by-catches of boarfish and whiting shall be reported separately under the following code: (OTH/07D.).(3)Up to 5 % of the quota may consist of by-catches of boarfish, haddock, whiting and mackerel (OTH/2A-14). By-catches of boarfish, haddock, 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.(4)Limited to 4a, 6a (north of 56° 30′ N only), 7e, 7f, 7h.(5)Special condition: up to 80 % of this quota may be fished in 8c (JAX/08C2). Under this special condition, and in accordance with footnote (3), by-catches of boarfish and whiting shall be reported separately under the following code: (OTH/08C2). PART C Annex IB to Regulation (EU) 2021/92 is amended as follows: (1) the fishing opportunities table for herring in Union, Faroese, Norwegian and international waters of 1 and 2 is replaced by the following: Species: Herring Clupeaharengus Zone: Union, Faroese, Norwegian and international waters of 1 and 2 (HER/1/2-) Belgium10(1) Analytical TAC

Article 7(1) of this Regulation applies Denmark9965(1)Germany1745(1)Spain33(1)France430(1)Ireland2580(1)Netherlands3566(1)Poland504(1)Portugal33(1)Finland154(1)Sweden3692(1)Union22713(1)United Kingdom6371(1)Faroe Islands5950(2)(3)Norway26175(2)(4)TAC446755(1)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.(2)May be fished in Union waters north of 62° N.(3)To be counted against the catch limits of the Faroe Islands.(4)To be counted against the catch limits of Norway. Special condition: within the limits of the above-mentioned 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) 26175 2, 5b north of 62° N (Faroese waters) (HER/25B-F) Belgium2Article 7(1) of this Regulation appliesDenmark2040Germany357Spain7France88Ireland528Netherlands729 Poland103Portugal7Finland31Sweden756United Kingdom1303 (2) the fishing opportunities table for cod in Norwegian waters of 1 and 2 is replaced by the following: Species: Cod Gadusmorhua Zone: Norwegian waters of 1 and 2 (COD/1N2AB.) Germany1300 Analytical TAC