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Council Regulation (EU) 2019/2236 of 16 December 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas
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This Regulation fixes for 2020 the fishing opportunities applicable in the Mediterranean and Black Seas for certain fish stocks and groups of fish stocks.
1.This Regulation applies to Union fishing vessels exploiting the following fish stocks:
(a)European eel (Anguilla anguilla) in the Mediterranean Sea, as defined in Article 4(b);
(b)blue and red shrimp (Aristeus antennatus), deep-water rose shrimp (Parapenaeus longirostris), giant red shrimp (Aristaeomorpha foliacea), European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus) and red mullet (Mullus barbatus) in the western Mediterranean Sea, as defined in Article 4(c);
(c)anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea, as defined in Article 4(d);
(d)European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris) and red mullet (Mullus barbatus) in the Adriatic Sea, as defined in Article 4(d);
(e)sprat (Sprattus sprattus) and turbot (Psetta maxima) in the Black Sea, as defined in Article 4(e).
2.This Regulation also applies to recreational fisheries where they are expressly referred to in the relevant provisions.
For the purposes of this Regulation, the definitions laid down to in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:
‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;
‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport;
‘total allowable catch’ (TAC) means:
in fisheries subject to the exemption of the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that can be landed from each stock each year;
in all other fisheries, the quantity of fish that can be caught from each stock over the period of a year;
‘quota’ means a proportion of the TAC allocated to the Union or a Member State;
‘Union autonomous quota’ means a catch limit autonomously allocated to Union fishing vessels in the absence of an agreed TAC;
‘analytical quota’ means a Union autonomous quota for which an analytical assessment is available;
‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock’s biology and exploitation which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches.
For the purposes of this Regulation, the following zone definitions apply:
‘GFCM geographical subareas’ means the areas as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council(1);
‘Mediterranean Sea’ means the waters in GFCM geographical subareas 1 to 27, as defined in Annex I to Regulation (EU) No 1343/2011;
‘western Mediterranean Sea’ means the waters in GFCM geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11, as defined in Annex I to Regulation (EU) No 1343/2011;
‘Adriatic Sea’ means the waters in GFCM geographical subareas 17 and 18, as defined in Annex I to Regulation (EU) No 1343/2011;
‘Black Sea’ means the waters in GFCM geographical subarea 29, as defined in Annex I to Regulation (EU) No 1343/2011.
1.All activities by Union fishing vessels and other Union fishing activities catching European eel (Anguilla anguilla), namely targeted, incidental and recreational fisheries, shall be subject to the provisions of this Article.
2.This Article applies to the Mediterranean Sea and to brackish waters such as estuaries, coastal lagoons and transitional waters.
3.It shall be prohibited for Union fishing vessels to fish for European eel in Union and international waters of the Mediterranean Sea for a consecutive three-month period to be determined by each Member State. The fishing closure period shall be consistent with the conservation objectives set out in Regulation (EC) No 1100/2007, with national management plans in place and with the temporal migration patterns of European eel in the Member States concerned. Member States shall communicate the determined period to the Commission no later than one month prior to the entry into force of the closure and in any case no later than 31 January 2020.
1.The maximum allowable fishing effort for 2020 for demersal stocks in the western Mediterranean Sea is set out in Annex I to this Regulation.
2.Member States shall manage the maximum allowable fishing effort in accordance with Article 9 of Regulation (EU) 2019/1022.
Member States shall record and transmit the fishing effort data to the Commission in accordance with Article 10 of Regulation (EU) 2019/1022.
When submitting effort data to the Commission in accordance with this Article, Member States shall use the fishing effort group codes set out in Annex I to this Regulation.
1.Catches of sardine (Sardina pilchardus) and anchovy (Engraulis encrasicolus) by Union fishing vessels in the Adriatic Sea shall not exceed the levels set out in Annex II to this Regulation.
2.Union fishing vessels targeting sardine and anchovy in the Adriatic Sea shall not exceed 180 fishing days per year. Within that total of 180 fishing days, a maximum of 144 fishing days targeting sardine and a maximum of 144 fishing days targeting anchovy shall apply.
1.The maximum allowable fishing effort for 2020 for demersal stocks in the Adriatic Sea is set out in Annex II.
2.Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.
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 and fishing effort data, they shall use the stock codes and the effort group codes set out in Annex II to this Regulation.
The Union autonomous quota for sprat (Sprattus sprattus), the allocation of such quota among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex III to this Regulation.
The TAC for turbot (Psetta maxima) applicable in Union waters in the Black Sea for Union fishing vessels and the allocation of such TAC among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex III to this Regulation.
Union fishing vessels authorised to fish for turbot in Union waters in the Black Sea, irrespective of the vessels’ length overall, shall not exceed 180 fishing days per year.
It shall be prohibited for Union fishing vessels to carry out any fishing activity, including transhipment, retaining on board, landing and first sale of turbot in Union waters in the Black Sea from 15 April to 15 June.
1.The allocation of fishing opportunities among Member States as set out in Articles 11 and 12 of 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; and
(c)deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.
2.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.
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 of sprat and turbot caught in Union waters in the Black Sea, they shall use the stock codes set out in Annex III to this Regulation.
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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