Regulation (EU) 2022/2495 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No 1380/2013 as regards restrictions to the access to Union waters

Regulation (EU) 2022/2495 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No 1380/2013 as regards restrictions to the access to Union waters 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 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee OJ C 517, 22.12.2021, p. 123. , Acting in accordance with the ordinary legislative procedure Position of the European Parliament of 22 November 2022 (not yet published in the Official Journal) and decision of the Council of 8 December 2022. , Whereas: (1) Union fishing vessels have equal access to Union waters and resources subject to the rules of the Common Fisheries Policy (CFP). (2) 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). provides for derogations from the equal access rule. (3) In accordance with that Regulation, Member States are authorised to restrict fishing to fishing vessels that traditionally fish in those waters from ports on the adjacent coast in waters up to 12 nautical miles from their baselines. (4) Member States are also authorised to restrict access to waters up to 100 nautical miles from the baselines of the Union outermost regions referred to in Article 349, first paragraph, of the Treaty on the Functioning of the European Union (TFEU) to vessels registered in the ports of those regions. (5) Existing rules restricting access to resources within the 12 nautical mile zones of Member States have benefitted conservation by restricting fishing effort in the most sensitive part of Union waters. Those rules have also preserved traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent. (6) Existing rules restricting access to marine biological resources around the Union outermost regions referred to in Article 349, first paragraph, TFEU have contributed to the preservation of the local economy of those regions, having regard to their structural, social and economic situation. (7) The existing derogations concerning restrictions to access to Union waters will expire on 31 December 2022. Those derogations should, however, be extended for a period of 10 years beyond that date, in order to ensure continuity of the current protection measures and to avoid disrupting the balance that has been achieved since the introduction of this special regime. Those derogations are an integral part of the CFP and the duration and scope of that extension may be revised in the framework of any review of the CFP.

(8) In accordance with Article 510 of the 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 Northern Ireland, of the other part OJ L 149, 30.4.2021, p. 10. , a review of the implementation of Heading Five of that Agreement, including of the provisions in relation to access to waters, is to be carried out four years after the end of the adjustment period, which ends on 30 June 2026. (9) The Commission should report to the European Parliament and to the Council on the application of the general rules on access to waters referred to in Article 5 of Regulation (EU) No 1380/2013 before the expiry of the derogations. That report should be submitted by 30 June 2031. (10) Annex I to Regulation (EU) No 1380/2013 should be amended following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union. That Annex should also be amended following a joint request by Italy and Greece regarding the access of Italian fishing vessels to the 6-12 n.m. area of Greek territorial waters in the Ionian Sea and a proposal by Greece for access of Italian fishing vessels to the 6-12 n.m. area of the Greek exclusive economic zone (EEZ), in line with the Annex to this Regulation. (11) Regulation (EU) No 1380/2013 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 1380/2013 is amended as follows: (1) Article 5 is amended as follows: (a) in paragraphs (2), (3) and (4), the date 31 December 2022 is replaced by the date 31 December 2032; (b) the following paragraph is added: 5. The Commission shall report to the European Parliament and to the Council on the application of this Article by 30 June 2031. ; (2) Annex I is replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States from 1 January 2023. Done at Strasbourg, 14 December 2022. For the European Parliament The President R. Metsola For the Council The President M. Bek

Annex

ANNEX

Annex

ANNEX I ACCESS TO COASTAL WATERS WITHIN THE MEANING OF ARTICLE 5(2)

1. Coastal waters of Ireland (a) ACCESS FOR FRANCE Geographical areaSpeciesImportance or particular characteristicsIrish coast (6 to 12 nautical miles)
2. Erris Head north-west Sybil Point west DemersalUnlimitedNephropsUnlimited
3. Mizen Head south Stags south DemersalUnlimitedNephropsUnlimitedMackerelUnlimited
4. Stags south Cork south DemersalUnlimitedNephropsUnlimitedMackerelUnlimitedHerringUnlimited
5. Cork south, Carnsore Point south All speciesUnlimited
6. Carnsore Point south, Haulbowline south-east All species, except shellfishUnlimited (b) ACCESS FOR THE NETHERLANDS Geographical areaSpeciesImportance or particular characteristicsIrish coast (6 to 12 miles)

1. Stags south Carnsore Point south HerringUnlimitedMackerelUnlimited (c) ACCESS FOR GERMANY Geographical areaSpeciesImportance or particular characteristicsIrish coast (6 to 12 nautical miles)
2. Old Head of Kinsale south Carnsore Point south HerringUnlimited
3. Cork south Carnsore Point south MackerelUnlimited (d) ACCESS FOR BELGIUM Geographical areaSpeciesImportance or particular characteristicsIrish coast (6 to 12 nautical miles)
4. Cork south Carnsore Point south DemersalUnlimited
5. Wicklow Head east Carlingford Lough south-east DemersalUnlimited
6. Coastal waters of Belgium Geographical areaMember StateSpeciesImportance or particular characteristics3 to 12 nautical milesNetherlandsAll speciesUnlimitedFranceHerringUnlimited
7. Coastal waters of Denmark Measured from the coastline. Geographical areaMember StateSpeciesImportance or particular characteristicsNorth Sea coast (Danish/German frontier to Hanstholm) (6 to 12 nautical miles)Danish/German frontier to Blåvands HukGermanyFlatfishUnlimitedShrimps and prawnsUnlimitedNetherlandsFlatfishUnlimitedRoundfishUnlimitedBlåvands Huk to BovbjergBelgiumCodUnlimited only from 1 June to 31 JulyHaddockUnlimited only from 1 June to 31 JulyGermanyFlatfishUnlimitedNetherlandsPlaiceUnlimitedSoleUnlimitedThyborøn to HanstholmBelgiumWhitingUnlimited only from 1 June to 31 JulyPlaiceUnlimited only from 1 June to 31 July GermanyFlatfishUnlimitedSpratUnlimitedCodUnlimitedSaitheUnlimitedHaddockUnlimitedMackerelUnlimitedHerringUnlimitedWhitingUnlimitedNetherlandsCodUnlimitedPlaiceUnlimitedSoleUnlimited Skagerrak (Hanstholm to Skagen) (4 to 12 nautical miles) BelgiumPlaiceUnlimited only from 1 June to 31 JulyGermanyFlatfishUnlimitedSpratUnlimitedCodUnlimitedSaitheUnlimitedHaddockUnlimitedMackerelUnlimitedHerringUnlimitedWhitingUnlimitedNetherlandsCodUnlimitedPlaiceUnlimitedSoleUnlimitedKattegat (3 to 12 miles)GermanyCodUnlimitedFlatfishUnlimitedNephropsUnlimitedHerringUnlimitedNorth of Zeeland to the parallel of the latitude passing through Forsnæs lighthouseGermanySpratUnlimitedBaltic Sea (including Belts, Sound, Bornholm) (3 to 12 nautical miles)GermanyFlatfishUnlimitedCodUnlimitedHerringUnlimitedSpratUnlimitedEelUnlimitedSalmonUnlimitedWhitingUnlimitedMackerelUnlimited Skagerrak (4 to 12 miles)SwedenAll speciesUnlimitedKattegat (3 to 12 miles)SwedenAll speciesUnlimitedBaltic Sea (3 to 12 miles)SwedenAll speciesUnlimited
8. Coastal waters of Germany Geographical areaMember StateSpeciesImportance or particular characteristicsNorth Sea coast (3 to 12 nautical miles) all coastsDenmarkDemersalUnlimitedSpratUnlimitedSandeelUnlimitedNetherlandsDemersalUnlimitedShrimps and prawnsUnlimitedDanish/German frontier to the northern tip of Amrum at 54° 43′ NDenmarkShrimps and prawnsUnlimitedBaltic coast (3 to 12 miles)DenmarkCodUnlimitedPlaiceUnlimitedHerringUnlimitedSpratUnlimitedEelUnlimitedWhitingUnlimitedMackerelUnlimited
9. Coastal waters of France and the overseas departments Geographical areaMember StateSpeciesImportance or particular characteristicsNorth east Atlantic coast (6 to 12 nautical miles)Belgian/French frontier to east of Departement Manche (Vire-Grandcamp les Bains estuary 49° 23′ 30″ N-1° 02′ WNNE)BelgiumDemersalUnlimitedScallopsUnlimitedNetherlandsAll speciesUnlimitedDunkerque (2° 20′ E) to Cap d’Antifer (0° 10′ E)GermanyHerringUnlimited only from 1 October to 31 DecemberAtlantic coast (6 to 12 nautical miles)

Spanish/French frontier to 46° 08′ NSpainAnchoviesDirected fishing, unlimited only from 1 March to 30 JuneFishing for live bait from 1 July to 31 October onlySardinesUnlimited only from 1 January to 28 February and from 1 July to 31 DecemberIn addition, activities relating to the abovementioned species must be pursued in accordance with, and within the limits of, the activities pursued during 1984Mediterranean coast (6 to 12 nautical miles)Spanish frontier Cap LeucateSpainAll speciesUnlimited 6. Coastal waters of Spain Geographical areaMember StateSpeciesImportance or particular characteristicsAtlantic coast (6 to 12 nautical miles)French/Spanish frontier to Cap Mayor lighthouse (3° 47′ W)FrancePelagicUnlimited in accordance with, and within the limits of, the activities pursued during 1984Mediterranean coast (6 to 12 nautical miles)French frontier/Cap CreusFranceAll speciesUnlimited 7. Coastal waters of Croatia The abovementioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009. Geographical areaMember StateSpeciesImportance or particular characteristics12 miles limited to the sea area under the sovereignty of Croatia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana)SloveniaDemersal and small pelagic species including sardine and anchovy100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets 8. Coastal waters of the Netherlands Geographical areaMember StateSpeciesImportance or particular characteristics(3 to 12 nautical miles) whole coastBelgiumAll speciesUnlimitedDenmarkDemersalUnlimitedSpratUnlimitedSandeelUnlimitedHorse-mackerelUnlimitedGermanyCodUnlimitedShrimps and prawnsUnlimited(6 to 12 nautical miles) whole coastFranceAll speciesUnlimited 9. Coastal waters of Slovenia The abovementioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009. Geographical areaMember StateSpeciesImportance or particular characteristics12 miles limited to the sea area under the sovereignty of Slovenia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana)CroatiaDemersal and small pelagic species including sardine and anchovy100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets

1. Coastal waters of Finland 3 to 12 miles around Bogskär Isles. Geographical areaMember StateSpeciesImportance or particular characteristicsBaltic Sea (4 to 12 miles)SwedenAll speciesUnlimited
2. Coastal waters of Sweden Measured from the coastline. Geographical areaMember StateSpeciesImportance or particular characteristicsSkagerrak (4 to 12 nautical miles)DenmarkAll speciesUnlimitedKattegat (3 to 12 miles)DenmarkAll speciesUnlimitedBaltic Sea (4 to 12 miles)DenmarkAll speciesUnlimitedFinlandAll speciesUnlimited
3. Coastal waters of Greece Geographical areaMember StateSpeciesImportance or particular characteristicsIonian Sea 6 to 12 nautical miles in Greek territorial watersItaly Cephalopods Crustaceans Demersal Large pelagic species A maximum number of 68 vesselsSouth-Southeast of the island of Crete (East of 26°00′00″ E) 6 to 12 nautical miles in Greek EEZSouth-Southeast of the island of Koufonisi 6 to 12 nautical miles in Greek EEZSouth-Southwest of the island of Kasos 6 to 12 nautical miles in Greek EEZSouth-Southeast of the island of Karpathos 6 to 12 nautical miles in Greek EEZSouth-Southwest (West of 27°59′02.00″ E) of the island of Rhodes 6 to 12 nautical miles in Greek EEZ.