1.The TACs for Union fishing vessels in Union waters or certain non-Union waters and the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.
2.Union fishing vessels shall be authorised to make catches, within the TACs set out in Annex I to this Regulation, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland and Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 15 of, and Annex III to, this Regulation and in Regulation (EU) 2017/2403 of the European Parliament and of the Council(1) and its implementing provisions.
1.The TACs for certain fish stocks shall be determined by the Member State concerned. Those stocks are identified in Annex I.
2.The TACs to be determined by a Member State 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:
if analytical assessments are available, in the exploitation of the stock consistent with maximum sustainable yield from 2019 onwards, with as high a probability as possible; or
if analytical assessments are unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.
3.By 15 March 2019, each Member State concerned shall submit the following information to the Commission:
(a)the TACs adopted;
(b)the data collected and assessed by the Member State concerned on which the TACs adopted are based;
(c)details on how the TACs adopted comply with paragraph 2.
1.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.
2.The stocks of non-target species within safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 are identified in Annex I to this Regulation for the purposes of the derogation from the obligation to count catches against the relevant quotas provided for in that Article.
1.In order to take into account the introduction of the landing obligation and to make quotas available to Member States without a quota for certain by-catches, the quota exchange mechanism as defined in this Article shall apply to the TACs identified in Annex IA.
2.6 % of each quota from the TACs for cod in the Celtic Sea, cod in the West of Scotland, whiting in the Irish Sea and plaice in ICES divisions 7h, 7j and 7k, and 3 % of each quota from the TAC for West of Scotland whiting, allocated to each Member State, shall be made available for a pool for quota exchanges, which shall open as of 1 January 2019. Member States without quota shall have exclusive access to the quota pool until 31 March 2019.
3.The quantities drawn from the pool may not be exchanged or transferred to the following year. Any unused quantities shall be returned to those Member States that have initially contributed to the pool for quota exchanges after 31 March 2019.
4.The quotas provided in return shall be preferably taken from a list of TACs identified by each Member State contributing to the pool as listed in the Appendix to Annex IA.
5.Those quotas shall be of equivalent commercial value by using a market exchange rate or other mutually acceptable exchange rates. In absence of alternatives, the equivalent economic value in accordance to the average Union prices of the previous year, as provided by the European Market Observatory for Fisheries and Aquaculture Products, shall be used.
6.In cases where the above mechanism does not allow Member States to cover their unavoidable by-catches to a similar extent, Member States shall endeavour to agree on quota exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013, ensuring that quotas exchanged are of equivalent commercial value.
For the periods referred to in point (b) of Article 1(2), the following fishing effort measures shall apply:
Annex IIA for the recovery of hake and Norway lobster in ICES divisions 8c and 9a, with the exception of the Gulf of Cádiz;
Annex IIB for the management of the sole stock in ICES division 7e.
1.It shall be prohibited for Union fishing vessels, as well as for any commercial fisheries from shore, to fish for European seabass in ICES divisions 4b and 4c, and in ICES subarea 7. It shall be prohibited to retain on board, tranship, relocate or land European seabass caught in that area.
2.By derogation from paragraph 1, in January 2019 and from 1 April to 31 December 2019, Union fishing vessels in ICES divisions 4b, 4c, 7d, 7e, 7f and 7h and in waters within 12 nautical miles from baselines under the sovereignty of the United Kingdom in ICES divisions 7a and 7g may fish for European seabass, and retain on board, tranship, relocate or land European seabass caught in that area with the following gears and within the following limits:
(a)using demersal trawls(2), for unavoidable by-catches not exceeding 400 kilogrammes per two months and 1 % of the weight of the total catches of marine organisms on board caught by that vessel in any single day;
(b)using seines(3), for unavoidable by-catches not exceeding 210 kilogrammes per month and 1 % of the weight of the total catches of marine organisms on board caught by that vessel in any single day;
(c)using hooks and lines(4), not exceeding 5,5 tonnes per vessel per year;
(d)using fixed gillnets(5), for unavoidable by-catches not exceeding 1,4 tonnes per vessel per year.
The derogations set out in the first subparagraph shall apply to Union fishing vessels that have recorded catches of European seabass over the period from 1 July 2015 to 30 September 2016: in point (c) with recorded catches using hooks and lines, and in point (d) with recorded catches using fixed gillnets. In the case of a replacement of a Union fishing vessel, Member States may allow the derogation to apply to another fishing vessel provided that the number of Union fishing vessels subject to the derogation and their overall fishing capacity do not increase.
3.The catch limits set in paragraph 2 shall not be transferable between vessels and, where a monthly limit applies, from one month to another. For Union fishing vessels using more than one gear in a single calendar month, the lowest catch limit set in paragraph 2 for either gear shall apply.
Member States shall report to the Commission all catches of European seabass per type of gear not later than 15 days after the end of each month.
4.In recreational fisheries, including from shore, in ICES divisions 4b, 4c, 6a, 7a to 7k:
(a)from 1 January to 31 March and from 1 November and to 31 December 2019, only catch-and-release fishing allowing high rates of survivability for European seabass shall be allowed. During that period, it shall be prohibited to retain on board, relocate, tranship or land European seabass caught in that area;
(b)from 1 April to 31 October 2019, not more than one specimen of European seabass may be retained per fisherman per day.
5.In recreational fisheries in ICES divisions 8a and 8b, a maximum of three specimens of European seabass may be retained per fisherman per day.
Any targeted, incidental and recreational fishery of European eel shall be prohibited in Union waters of the ICES area and brackish waters such as estuaries, coastal lagoons and transitional waters for a consecutive three-month period to be determined by each Member State between 1 August 2019 and 29 February 2020. Member States shall communicate the determined period to the Commission not later than 1 June 2019.
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 Regulation (EC) No 1224/2009;
(c)reallocations made pursuant to Articles 12 and 47 of Council Regulation (EU) 2017/2403;
(d)additional landings allowed under 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;
(g)quota transfers and exchanges pursuant to Article 17 of this Regulation.
2.Stocks which are subject to precautionary or analytical TACs are identified in Annex I to this Regulation for the purposes of the year-to-year management of TACs and quotas provided for in Regulation (EC) No 847/96.
3.Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to a precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC.
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.
1.It shall be prohibited to fish or retain on board any of the following species in the Porcupine Bank during the period from 1 May to 31 May 2019: cod, megrims, anglerfish, haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and rays, common sole, tusk, blue ling, ling and picked dogfish.
For the purposes of this paragraph, the Porcupine Bank shall comprise the geographical area bounded by rhumb lines sequentially joining the following positions:
| Point | Latitude | Longitude |
|---|---|---|
| 1 | 52° 27′ N | 12° 19′ W |
| 2 | 52° 40′ N | 12° 30′ W |
| 3 | 52° 47′ N | 12° 39,600′ W |
| 4 | 52° 47′ N | 12° 56′ W |
| 5 | 52° 13,5′ N | 13° 53,830′ W |
| 6 | 51° 22′ N | 14° 24′ W |
| 7 | 51° 22′ N | 14° 03′ W |
| 8 | 52° 10′ N | 13° 25′ W |
| 9 | 52° 32′ N | 13° 07,500′ W |
| 10 | 52° 43′ N | 12° 55′ W |
| 11 | 52° 43′ N | 12° 43′ W |
| 12 | 52° 38,800′ N | 12° 37′ W |
| 13 | 52° 27′ N | 12° 23′ W |
| 14 | 52° 27′ N | 12° 19′ W |
By way of derogation from the first subparagraph, transit through the Porcupine Bank while carrying on board the species referred to in that subparagraph, shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.
2.Commercial fishing for sandeel with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited in ICES divisions 2a, 3a and ICES subarea 4 from 1 January to 31 March 2019 and from 1 August to 31 December 2019.
The prohibition set out in the first subparagraph shall also apply to third-country vessels authorised to fish for sandeel and associated by-catches in Union waters of ICES subarea 4.
1.It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship or to land the following Species:
(a)starry ray (Amblyraja radiata) in Union waters of ICES divisions 2a, 3a and 7d and ICES subarea 4;
(b)white shark (Carcharodon carcharías) in all waters;
(c)leafscale gulper shark (Centrophorus squamosus) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(d)Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(e)basking shark (Cetorhinus maximus) in all waters;
(f)kitefin shark (Dalatias licha) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(g)birdbeak dogfish (Deania calcea) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(h)common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division 2a and ICES subareas 3, 4, 6, 7, 8, 9 and 10;
(i)great lanternshark (Etmopterus princeps) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(j)smooth lanternshark (Etmopterus pusillus) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14;
(k)tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14;
(l)porbeagle (Lamna nasus) in all waters;
(m)the following species of Mobula rays in all waters:
devil fish (Mobula mobular),
lesser Guinean devil ray (Mobula rochebrunei),
spinetail mobula (Mobula japanica),
smoothtail mobula (Mobula thurstoni),
longhorned mobula (Mobula eregoodootenkee),
Munk's devil ray (Mobula munkiana),
Chilean devil ray (Mobula tarapacana),
shortfin devil ray (Mobula kuhlii),
lesser devil ray (Mobula hypostoma),
reef manta ray (Mobula alfredi),
giant manta ray (Mobula birostris);
(n)the following species of sawfish (Pristidae) in all waters:
pointed sawfish (Anoxypristis cuspidata),
dwarf sawfish (Pristis clavata),
smalltooth sawfish (Pristis pectinata),
largetooth sawfish (Pristis pristis),
green sawfish (Pristis zijsron);
(o)thornback ray (Raja clavata) in Union waters of ICES division 3a;
(p)Norwegian skate (Dipturus nidarosiensis) in Union waters of ICES divisions 6a, 6b, 7a, 7b, 7c, 7e, 7f, 7g, 7h and 7k;
(q)undulate ray (Raja undulata) in Union waters of ICES subareas 6 and 10;
(r)whale shark (Rhincodon typus) in all waters;
(s)Common guitarfish (Rhinobatos rhinobatos) in the Mediterranean;
(t)white skate (Rostroraja alba) in Union waters of ICES subareas 6, 7, 8, 9 and 10;
(u)guitarfishes (Rhinobatidae) in Union waters of ICES subareas 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12;
(v)picked dogfish (Squalus acanthias) in Union waters of ICES subareas 2, 3, 4, 5, 6, 7, 8, 9 and 10, with the exception of avoidance programmes as set out in Annex IA;
(w)angel shark (Squatina squatina) in Union waters.
2.When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
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 I to this Regulation.
Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).
All types of demersal trawls (OTB, OTT, PTB, TBB, TBN, TBS and TB).
All types of seines (SSC, SDN, SPR, SV, SB and SX).
All long lines or pole and line or rod and line fisheries (LHP, LHM, LLD, LL, LTL, LX and LLS).
All fixed gillnets and traps (GTR, GNS, FYK, FPN and FIX).