Council Regulation (EU) 2019/1838 of 30 October 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2019/124 as regards certain fishing opportunities in other waters

COUNCIL REGULATION (EU) 2019/1838

of 30 October 2019

fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2019/124 as regards certain fishing opportunities in other waters

CHAPTER I GENERAL PROVISIONS

Article 1

Subject matter

This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2020 and amends certain fishing opportunities in other waters fixed by Regulation (EU) 2019/124.

Article 2

Scope

Article 3

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:

• (1) ‘subdivision’ means an ICES subdivision of the Baltic Sea as defined in Annex III to Council Regulation (EC) No 218/2009 ([^E0001]);

• (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.

CHAPTER II FISHING OPPORTUNITIES

Article 4

TACs and allocations

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

Article 5

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.

Article 6

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.

Article 7

Measures on recreational fisheries for cod in subdivisions ICES 22-26

Article 8

Measures on sea trout and salmon fishing in ICES subdivisions 22-32

Article 9

Flexibility

Article 10

Data transmission

When, 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.

CHAPTER III FINAL PROVISIONS

Article 11

Amendments to Regulation (EU) 2019/124

• (1) the fishing opportunities table for common sole in ICES divisions 7f and 7g is replaced by the following: ‘Species: Common sole Solea solea Zone: 7f and 7g (SOL/7FG.) Belgium 630 Analytical TAC’ France 63 Ireland 32 United Kingdom 284 Union 1 009

TAC 1 009

• (2) 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: ‘Species: Norway pout and associated by-catches Trisopterus esmarkii Zone: 3a; Union waters of 2a and 4 (NOP/2A3A4.) Year 2019

2020

Analytical TAC

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

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

Denmark 54 949 [^E0002] [^E0004] 64 940 [^E0002] [^E0007] Germany 11 [^E0002] [^E0003] [^E0004] 12 [^E0002] [^E0003] [^E0007] The Netherlands 40 [^E0002] [^E0003] [^E0004] 48 [^E0002] [^E0003] [^E0007] Union 55 000 [^E0002] [^E0004] 65 000 [^E0002] [^E0007] Norway 14 500 [^E0005] 0 [^E0005] Faroe Islands 5 000 [^E0006] 0 [^E0006] TAC Not relevant

Not relevant (¹)Up to 5 % of the quota may consist of by-catches of haddock and whiting (OT2/2A3A4). By-catches of haddock and whiting 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. (²)Quota may be fished in Union waters of ICES zones 2a, 3a and 4 only. (³)Union quota may only be fished from 1 November 2018 to 31 October 2019. (⁴)A sorting grid shall be used. (⁵)A sorting grid shall be used. Includes a maximum of 15 % of unavoidable by-catches (NOP/2A3A4), to be counted against this quota. (⁶)Union quota may be fished from 1 November 2019 to 31 October 2020.’

Article 12

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 2020, with the exception of point (2) of Article 11(1), which shall apply from 1 November 2019 until 31 October 2020, and of point (1) of Article 11(1) and Article 11(2), which shall apply from 1 January 2019.

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

ANNEX

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

The 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:

[^E0008]: (¹)Exclusively for by-catches. No directed fisheries are permitted under this quota.

In subdivisions 25 and 26 it shall be prohibited to fish this quota from 1 May to 31 August.

In subdivision 24 exclusively for by-catches. No directed fisheries are permitted under this quota in subdivision 24.

[^E0011]: (²)It shall be prohibited to fish this quota in subdivisions 22 and 23 from 1 February to 31 March and in subdivision 24 from 1 June to 31 July.

[^E0012]: (¹)Expressed by number of individual fish.

[^E0013]: (²)Special condition: up to 20 % and no more than 400 specimens of this quota may be fished in Union waters of subdivision 32 (SAL/*3D32).

[^E0014]: (¹)Expressed by number of individual fish.

[^E0001]: Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).