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Regulation (EU) 2019/1241 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005

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  1. Introductory Text

  2. CHAPTER I GENERAL PROVISIONS

    1. Article 1.Subject matter

    2. Article 2.Scope

    3. Article 3.Objectives

    4. Article 4.Targets

    5. Article 5.Definition of fishing zones

    6. Article 6.Definitions

  3. CHAPTER II COMMON TECHNICAL MEASURES

    1. SECTION 1 Prohibited fishing gear and uses

      1. Article 7.Prohibited fishing gear and methods

    2. SECTION 2 General restrictions on gear and conditions for their use

      1. Article 8.General restrictions on the use of towed gear

      2. Article 9.General restrictions on the use of static nets and driftnets

    3. SECTION 3 Protection of sensitive species and habitats

      1. Article 10.Prohibited fish and shellfish species

      2. Article 11.Catches of marine mammals, seabirds and marine reptiles

      3. Article 12.Protection for sensitive habitats including vulnerable marine ecosystems

    4. SECTION 4 Minimum conservation reference sizes

      1. Article 13.Minimum conservation reference sizes

    5. SECTION 5 Measures to reduce discarding

      1. Article 14.Pilot projects for the avoidance of unwanted catches

  4. CHAPTER III REGIONALISATION

    1. Article 15.Regional technical measures

    2. Article 16.Species and size selectivity of fishing gear

    3. Article 17.Closed or restricted areas to protect juveniles and spawning aggregations

    4. Article 18.Minimum conservation reference sizes

    5. Article 19.Real-time closures and moving-on provisions

    6. Article 20.Innovative fishing gear

    7. Article 21.Nature conservation measures

    8. Article 22.Regional measures under temporary discard plans

    9. Article 23.Pilot projects on full documentation of catches and discards

    10. Article 24.Implementing acts

  5. CHAPTER IV SCIENTIFIC RESEARCH, DIRECT RESTOCKING AND TRANSPLANTATION

    1. Article 25.Scientific research

    2. Article 26.Direct restocking and transplantation

  6. CHAPTER V CONDITIONS IN RELATION TO MESH SIZE SPECIFICATIONS

    1. Article 27.Conditions in relation to mesh size specifications

  7. CHAPTER VI TECHNICAL MEASURES IN THE NEAFC REGULATORY AREA

    1. Article 28.Technical measures in the NEAFC Regulatory Area

  8. CHAPTER VII PROCEDURAL PROVISIONS

    1. Article 29.Exercise of the delegation

    2. Article 30.Committee procedure

  9. CHAPTER VIII FINAL PROVISIONS

    1. Article 31.Review and reporting

    2. Article 32.Amendments to Regulation (EC) No 1967/2006

    3. Article 33.Amendments to Regulation (EC) No 1224/2009

    4. Article 34.Amendment to Regulation (EU) No 1380/2013

    5. Article 35.Amendment to Regulation (EU) 2016/1139

    6. Article 36.Amendments to Regulation (EU) 2018/973

    7. Article 37.Amendment to Regulation (EU) 2019/472

    8. Article 38.Amendment to Regulation (EU) 2019/1022

    9. Article 39.Repeals

    10. Article 40.Entry into Force

  10. Signature

    1. ANNEX I

      PROHIBITED SPECIES

      1. Species for which there is a prohibition to fish for,...

      2. The following species of sawfish in all Union waters: narrow...

    2. ANNEX II

      CLOSED AREAS FOR THE PROTECTION OF SENSITIVE HABITATS

      1. For the purposes of Article 12, the following restrictions on...

      2. PART A North Western Waters

        1. 1. It shall be prohibited to deploy bottom trawls or similar...

        2. 2. All pelagic vessels fishing in the areas as described in...

        3. 3. It shall be prohibited to deploy any bottom trawl or...

      3. PART B South Western Waters

        1. 1. El Cachucho

          1. 1.1. It shall be prohibited to deploy bottom trawls, bottom set...

          2. 1.2. Vessels that conducted directed fisheries with bottom set longlines in...

          3. 1.3. All vessels having obtained this fishing authorisation shall, regardless of...

        2. 2. Madeira and the Canary Islands

        3. 3. Azores

    3. ANNEX III

      LIST OF SPECIES PROHIBITED FOR CAPTURE WITH DRIFTNETS

      1. Albacore: Thunnus alalunga Bluefin tuna: Thunnus thynnus Bigeye tuna: Thunnus...

    4. ANNEX IV

      MEASUREMENT OF THE SIZE OF A MARINE ORGANISM

      1. The size of any fish shall be measured, as shown...

    5. ANNEX V

      NORTH SEA

      1. PART A Minimum conservation reference sizes

      2. PART B Mesh sizes

        1. 1. Baseline mesh sizes for towed gear

          1. 1.1. Without prejudice to the landing obligation, vessels shall use a...

          2. 1.2. Without prejudice to the landing obligation, and notwithstanding point 1.1,...

        2. 2. Baseline mesh sizes for static nets and driftnets

          1. 2.1. Without prejudice to the landing obligation, vessels shall use a...

          2. 2.2. Without prejudice to the landing obligation, and notwithstanding point 2.1,...

      3. PART C Closed or restricted areas

        1. 1. Closure of an area to protect sandeel in ICES divisions...

          1. 1.1. Fishing for sandeel with any towed gear with a codend...

          2. 1.2. Fisheries for scientific investigation shall be allowed in order to...

        2. 2. Closure of an area to protect juvenile plaice in ICES...

          1. 2.1. Vessels exceeding 8 m in overall length shall be prohibited from...

          2. 2.2. The following vessels are permitted to fish in the area...

          3. 2.3. When vessels referred to in point 2.2(a) use beam trawls,...

          4. 2.4. Vessels permitted to fish in the area referred to in...

        3. 3. Restrictions on the use of beam trawls within 12 nautical...

          1. 3.1. Vessels shall be prohibited from using any beam trawl inside...

          2. 3.2. By way of derogation from point 3.1, fishing with beam...

        4. 4. Restrictions on fishing for sprat to protect herring in ICES...

        5. 5. Specific provisions for the Skagerrak and Kattegat in ICES division...

          1. 5.1. It shall be prohibited to fish with beam trawls in...

          2. 5.2. It shall be prohibited for Union vessels to fish for,...

          3. 5.3. It shall be prohibited to deploy towed gear with a...

        6. 6. Use of static nets in ICES divisions 3a and 4a...

          1. 6.1. In accordance with point (a) of Article 9(7) and by...

          2. 6.2. Directed fishing for deepwater sharks as listed in Annex I...

      4. PART D The use of electric pulse trawls in ICES divisions 4b and 4c

        1. 1. Fishing with electric pulse trawl shall be prohibited in all...

        2. 2. During the transitional period ending 30 June 2021, fishing with...

        3. 3. New licences shall not be granted to any vessel during...

        4. 4. Until 30 June 2021 in the waters up to 12...

        5. 5. If requested by the coastal Member State to the flag...

    6. ANNEX VI

      NORTH WESTERN WATERS

      1. PART A

      2. PART B Mesh sizes

        1. 1. Baseline mesh sizes for towed gear

          1. 1.1. Without prejudice to the landing obligation, vessels shall use a...

          2. 1.2. Without prejudice to the landing obligation, and notwithstanding point 1.1,...

        2. 2. Baseline mesh sizes for static nets and driftnets

          1. 2.1. Without prejudice to the landing obligation, vessels shall use a...

          2. 2.2. Without prejudice to the landing obligation, and notwithstanding point 2.1,...

        3. 3. This Part is without prejudice to Commission Delegated Regulation (EU)...

      3. PART C Closed or restricted areas

        1. 1. Closed area for the conservation of cod in ICES division...

        2. 2. Closed area for the conservation of cod in ICES divisions...

          1. 2.1. From 1 February to 31 March each year, it shall...

          2. 2.2. It shall be permitted to conduct fishing activities using pots...

          3. 2.3. Directed fishing for small pelagic species with towed gear with...

        3. 3. Closed area for the conservation of cod in ICES division...

          1. 3.1. In the period from 14 February to 30 April each...

          2. 3.2. By way of derogation from point 1, within the area...

        4. 4. Rockall haddock box in ICES sub-area 6

        5. 5. Closed area for the conservation of Norway lobster in ICES...

          1. 5.1. Directed fishing for Norway lobster (Nephrops norvegicus) and associated species...

          2. 5.2. Transit through the Porcupine Bank while carrying on board the...

        6. 6. Special rules for the protection of blue ling in ICES...

          1. 6.1. From 1 March to 31 May each year directed fishing...

          2. 6.2. A by-catch of blue ling up to a threshold of...

          3. 6.3. From 15 February to 15 April each year, it shall...

        7. 7. Restrictions on fishing for mackerel in ICES divisions 7e, 7f,...

          1. 7.1. Directed fishing for mackerel with towed gear with a codend...

          2. 7.2. It shall be permitted to fish within the area defined...

          3. 7.3. Vessels which are not equipped for fishing and to which...

        8. 8. Restrictions on the use of beam trawls within 12 nautical...

          1. 8.1. The use of any beam trawl of mesh size less...

          2. 8.2. Vessels shall be prohibited from using any beam trawl inside...

          3. 8.3. Fishing with beam trawls within the specified area shall be...

        9. 9. Use of static nets in ICES divisions 5b, 6a, 6b,...

          1. 9.1. In accordance with point (a) of Article 9(7) and by...

          2. 9.2. Directed fishing for deepwater sharks as listed in Annex I...

    7. ANNEX VII

      SOUTH WESTERN WATERS

      1. PART A Minimum conservation reference sizes

      2. PART B Mesh sizes

        1. 1. Baseline mesh sizes for towed gear

          1. 1.1. Without prejudice to the landing obligation, vessels shall use a...

          2. 1.2. Without prejudice to the landing obligation and notwithstanding point 2.1,...

        2. 2. Baseline mesh sizes for static nets and driftnets

          1. 2.1. Without prejudice to the landing obligation, vessels shall use a...

          2. 2.2. Without prejudice to the landing obligation, and notwithstanding point 2.1,...

      3. PART C Closed or restricted areas

        1. 1. Closed area for the conservation of hake in ICES division...

        2. 2. Closed areas for the conservation of Norway lobster in ICES...

          1. 2.1. Directed fishing for Norway lobster (Nephrops norvegicus) with any bottom...

          2. 2.2. It shall be permitted to fish with bottom trawls or...

          3. 2.3. Directed fishing for Norway lobster (Nephrops norvegicus) in the geographical...

        3. 3. Restrictions on directed fishing for anchovy in ICES division 8c...

          1. 3.1. Directed fishing for anchovy using pelagic trawls in ICES division...

          2. 3.2. The carrying on board of pelagic trawls and purse seines...

        4. 4. Use of static nets in ICES sub-areas 8, 9, 10,...

          1. 4.1. In accordance with point (a) of Article 9(7) and by...

          2. 4.2. Directed fishing for deepwater sharks as listed in Annex I...

          3. 4.3. Conditions for fisheries using certain towed gear authorised in the...

    8. ANNEX VIII

      BALTIC SEA

      1. PART A Minimum conservation reference sizes

      2. PART B Mesh sizes

        1. 1. Baseline mesh sizes for towed gear

          1. 1.1. Without prejudice to the landing obligation, vessels shall use a...

          2. 1.2. Without prejudice to the landing obligation and notwithstanding point 1.1,...

        2. 2. Baseline mesh sizes for static nets

          1. 2.1. Without prejudice to the landing obligation, vessels shall use a...

          2. 2.2. Without prejudice to the landing obligation and notwithstanding point 2.1,...

      3. PART C Closed or restricted areas

        1. 1. Restrictions on fishing with towed gear

        2. 2. Restrictions on fishing for salmon and sea trout

          1. 2.1. Directed fishing for salmon (Salmo salar) or sea trout (Salmo...

          2. 2.2. The area of prohibition during the closed season shall be...

          3. 2.3. The retention on board of salmon (Salmo salar) or sea...

        3. 3. Specific measures for the Gulf of Riga

          1. 3.1. In order to fish in sub-division 28-1, vessels shall hold...

          2. 3.2. Member States shall ensure that vessels, to which the fishing...

          3. 3.3. Vessels included in the list shall satisfy the following conditions:...

          4. 3.4. Any individual vessel on the list referred to in point...

          5. 3.5. An engine of any individual vessel included in the list...

          6. 3.6. In sub-division 28-1, fishing with trawls shall be prohibited in...

        4. 4. Area restrictions on fishing

          1. 4.1. It shall be prohibited to conduct any fishing activity from...

          2. 4.2. Directed fishing for salmon with gillnets, entangling nets and trammel...

          3. 4.3. Directed fishing for cod with the gear specified in point...

        5. 5. Restrictions on fishing for flounder and turbot

          1. 5.1. The retention on board of the following species of fish...

          2. 5.2. Directed fishing with trawls, Danish seines or similar gear with...

        6. 6. Restrictions on fishing for eel

    9. ANNEX IX

      MEDITERRANEAN SEA

      1. PART A Minimum conservation reference sizes

      2. PART B Mesh sizes

        1. 1. Baseline mesh sizes for towed gear

        2. 2. Baseline mesh size for surrounding nets

        3. 3. Baseline mesh sizes for static nets

        4. 4. Existing derogations from the provisions set out in points 1,...

      3. PART C Restrictions on the use of fishing gear

        1. 1. Restrictions on the use of dredges

        2. 2. Restrictions on the use of purse seines

        3. 3. Restrictions on the use of static nets

          1. 3.1. It shall be prohibited to use the following static nets:...

          2. 3.2. It shall be prohibited to use any gillnet, entangling net...

          3. 3.3. It shall be prohibited to have on board or set...

        4. 4. Restrictions on the use of longlines

        5. 4.1. It shall be prohibited for vessels fishing with bottom-set longlines...

        6. 4.2. It shall be prohibited for vessels fishing with surface-set longlines...

        7. 4.3. A vessel undertaking fishing trips longer than 2 days may...

        8. 5. Restrictions on the use of pots and creels

        9. 6. Restrictions on the directed fishing for red sea bream

        10. 7. Restrictions on fishing with spear guns

    10. ANNEX X

      BLACK SEA

      1. PART A Minimum conservation reference sizes

      2. PART B Mesh sizes

        1. 1. Baseline mesh sizes for towed gear for demersal stocks

        2. 2. Baseline mesh sizes for static nets

        3. 3. Restrictions on the use of trawls and dredges

    11. ANNEX XI

      UNION WATERS IN THE INDIAN OCEAN AND THE WEST ATLANTIC

      1. PART A

        1. 1. Baseline mesh sizes for towed gear

        2. 2. Baseline mesh size for surrounding nets

      2. PART B Closed or restricted areas

    12. ANNEX XII

      NEAFC REGULATORY AREA

      1. PART A Minimum conservation reference sizes

      2. PART B Mesh sizes

        1. 1. Baseline mesh sizes for towed gear

        2. 2. Baseline mesh sizes for static nets

      3. PART C Closed or restricted areas

        1. 1. Measures for the redfish fishery in the Irminger Sea and...

          1. 1.1. It shall be prohibited to catch redfish in international waters...

          2. 1.2. Notwithstanding point 1.1, a fishery for redfish may be permitted,...

          3. 1.3. It shall be prohibited to use trawls with a mesh...

          4. 1.4. The conversion factor to be applied to the gutted and...

          5. 1.5. Masters of fishing vessels engaged in the fishery outside the...

          6. 1.6. In addition to Article 5 of Regulation (EU) No 1236/2010,...

          7. 1.7. The reports referred to in point 1.6 shall be made...

        2. 2. Special rules for the protection of blue ling

          1. 2.1. From 1 March to 31 May each year it shall...

          2. 2.2. Where blue ling is subject to the landing obligation set...

          3. 2.3. When entering and exiting the areas referred to in point...

          4. 2.4. In either of the two areas referred to in point...

          5. 2.5. The observers referred to in Article 16 of Regulation (EU)...

          6. 2.6. From 15 February to 15 April each year, it shall...

        3. 3. Measures for the redfish fishery in international waters of ICES...

          1. 3.1. Directed fishing for redfish in the international waters of ICES...

          2. 3.2. Vessels shall limit their by-catches of redfish in other fisheries...

          3. 3.3. The conversion factor to be applied to the gutted and...

          4. 3.4. By way of derogation from point (b) of Article 9(1)...

          5. 3.5. In addition to Article 5 of Regulation (EU) No 1236/2010,...

          6. 3.6. Member States shall ensure that scientific information is collected by...

          7. 3.7. The Commission shall inform Member States of the date on...

        4. 4. Rockall haddock box in ICES sub-area 6

      4. PART D Closed areas for the protection of sensitive habitats

        1. 1. It shall be prohibited to conduct bottom trawling and fishing...

        2. 2. Where, in the course of fishing operations in new and...

    13. ANNEX XIII

      MITIGATION MEASURES TO REDUCE INCIDENTAL CATCHES OF SENSITIVE SPECIES

      1. The following measures to monitor and reduce incidental catches of...

      2. The measures set out in Parts A, B and C....

      3. PART A Cetaceans

        1. 1. Fisheries in which the use of acoustic deterrent devices is...

          1. 1.1. It shall be prohibited for vessels with an overall length...

          2. 1.2. Point 1.1 shall not apply to fishing operations conducted solely...

          3. 1.3. Member States shall take necessary steps to monitor and assess...

        2. 2. Fisheries to be monitored

          1. 2.1. Monitoring schemes shall be undertaken on an annual basis and...

          2. 2.2. Point 2.1 shall not apply to fishing operations conducted solely...

      4. PART B Seabirds

      5. PART C Marine turtles

        1. 1. Fisheries in which the use of a turtle excluder device...

          1. 1.1. It shall be prohibited for vessels to use the fishing...

          2. 1.2. The Commission may adopt implementing acts establishing detailed rules for...

    14. ANNEX XIV

      1. SPECIES FOR SELECTIVITY PERFORMANCE INDICATORS

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