Council Regulation (EU) 2019/529

Contents

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,Having regard to the proposal from the European Commission,Whereas:

(1)Council Regulation (EU) 2019/124^note fixes the fishing opportunities for 2019 for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters.

(2)At its annual meeting in 2018, the Western and Central Pacific Fisheries Commission (WCPFC) maintained conservation measures for swordfish and tropical tunas. Those measures should be implemented in the law of the Union.

(3)At its annual meeting in 2019, the South Pacific Regional Fisheries Management Organisation (SPRFMO) adopted new catch limits for jack mackerel (Trachurus murphyi) and approved exploratory fisheries for toothfish (Dissostichus spp.). The applicable measures should be implemented in the law of the Union.

(4)In Regulation (EU) 2019/124, the total allowable catch (TAC) for sandeel in the International Council for the Exploration of the Sea (ICES) divisions 2a and 3a and ICES subarea 4 was set at zero. Sandeel is a short-lived species and the relevant scientific advice becomes available in the second half of February, while the fishing activities start in April.

(5)The catch limits for sandeel in ICES divisions 2a and 3a and ICES subarea 4 should be amended in line with the latest scientific advice from the ICES, issued on 22 February 2019, for the maximum sustainable yield approach and, for certain management areas, for the precautionary approach.

(6)Effort limits for Union fishing vessels in the International Commission for the Conservation of Atlantic Tunas (ICCAT) Convention Area are based on information provided in the fishing, capacity and farming plans for bluefin tuna communicated by Member States to the Commission. Those effort limits were reported through the Union plan endorsed by ICCAT during the Intersessional meeting of Panel 2 held on 4 and 5 March 2019. They should be established as part of the fishing opportunities.

(7)Regulation (EU) 2019/124 should therefore be amended accordingly.

(8)The catch limits provided for in Regulation (EU) 2019/124 apply from 1 January 2019. The provisions introduced by this Regulation concerning catch limits should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted,

HAS ADOPTED THIS REGULATION:

Article 1 #

Regulation (EU) 2019/124 is amended as follows:

(1)Article 27(2) is replaced by the following:‘2.The Member States referred to in paragraph 1 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2019 to the total Union level of 36102 gross tonnage in that area.’;

(2)the following Article is inserted:‘Article 28aExploratory fisheries1.Member States may participate in longline exploratory fisheries for toothfish (Dissostichus spp.) in the SPRFMO Convention Area in 2019 only if the SPRFMO has approved their application for such fisheries including a Fisheries Operation Plan and commitment to implement a Data Collection Plan.2.Fishing shall take place only in the research blocks specified in Annex IJ. Fishing shall be prohibited in depths less than 750 metres and more than 2000 metres.3.The TAC shall be as set out in Annex IJ. Fishing shall be limited to one trip of a maximum duration of 21 consecutive days and to a maximum number of 5000 hooks per set, with a maximum of 20 sets per research block. Fishing shall cease either when the TAC is reached or if 100 sets have been set and hauled, whichever is sooner.’;

(3)Annexes IA, IB, IH, IJ, III, IV, VII and VIII to Regulation (EU) 2019/124 are amended in accordance with the Annex to this Regulation.

Article 2 #

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 2019.

Annex IH

Wcpfc convention area

Species:	SwordfishXiphias gladius	Zone:	WCPFC Convention Area south of 20° S(SWO/F7120S)
Union	3170,36
TAC	Not relevant		Precautionary TAC

Annex IJ

Sprfmo convention area

Species:	Jack mackerelTrachurus murphyi	SPRFMO Convention Area(CJM/SPRFMO)
Germany	9079,65
The Netherlands	9841,41
Lithuania	6317,86
Poland	10863,08
Union	36102
TAC	Not relevant	Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply

Species:	ToothfishDissostichus spp.	Zone:	SPRFMO Convention Area(TOP/SPRFMO)
TAC	45^note		Precautionary TAC

III

Maximum number of fishing authorisations for union fishing vessels fishing in third-country waters

Area of fishing	Fishery	Number of fishing authorisations	Allocation of fishing authorisations amongst Member States	Maximum number of vessels present at any time
Norwegian waters and fishery zone around Jan Mayen	Herring, north of 62° 00′ N	77	DK	25	57
DE	5
FR	1
IE	8
NL	9
PL	1
SV	10
UK	18
Demersal species, north of 62° 00′ N	80	DE	16	50
IE	1
ES	20
FR	18
PT	9
UK	14
Unallocated	2
Mackerel^note	Not relevant	Not relevant	70
Industrial species, south of 62° 00′ N	480	DK	450	150
UK	30
Faroese waters	All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines	26	BE	0	13
DE	4
FR	4
UK	18
Directed fisheries for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62° 28′ N and east of 6° 30′ W	8^note	Not relevant	4
Trawl fisheries outside 21 miles from the Faroese baseline. In the periods from 1 March to 31 May and from 1 October to 31 December, those vessels may operate in the area between 61° 20′ N and 62° 00′ N and between 12 and 21 miles from the baselines	70	BE	0	26
DE	10
FR	40
UK	20
Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61° 30′ N and west of 9° 00′ W and in the area between 7° 00′ W and 9° 00′ W south of 60° 30′ N and in the area south-west of a line between 60° 30′ N, 7° 00′ W and 60° 00′ N, 6° 00′ W	70	DE^note	8	20^note
FR^note	12
Directed trawl fisheries for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend	70	Not relevant	22^note
Fisheries for blue whiting. The total number of fishing authorisations may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called ‘main fishing area of blue whiting’	34	DE	2	20
DK	5
FR	4
NL	6
UK	7
SE	1
ES	4
IE	4
PT	1
Line fisheries	10	UK	10	6
Mackerel	20	DK	2	12
BE	1
DE	2
FR	2
IE	3
NL	2
SE	2
UK	6
Herring, north of 62° 00′ N	20	DK	5	20
DE	2
IE	2
FR	1
NL	2
PL	1
SE	3
UK	4
1, 2b^note	Fishery for snow crab with pots	20	EE	1	Not applicable
ES	1
LV	11
LT	4
PL	3

Annex IV

ICCAT CONVENTION AREAThe numbers shown in sections 1, 2 and 3 may decrease in order to comply with international obligations of the Union.

1.Maximum number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern AtlanticSpain | 60France | 37Union | 97

3.Maximum number of Union fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposesCroatia | 16Italy | 12Union | 28

4.Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and MediterraneanTable A| Number of fishing vessels| Cyprus | Greece | Croatia | Italy | France | Spain | Malta | PortugalPurse Seiners | 1 | 1 | 16 | 19 | 22 | 6 | 1 | 0Longliners | 23 | 0 | 0 | 35 | 8 | 49 | 61 | 0Baitboat | 0 | 0 | 0 | 0 | 37 | 69 | 0 | 76Handline | 0 | 0 | 12 | 0 | 33 | 1 | 0 | 0Trawler | 0 | 0 | 0 | 0 | 57 | 0 | 0 | 0Small scale | 0 | 13 | 0 | 0 | 130 | 599 | 52 | 0Other artisanal | 0 | 42 | 0 | 0 | 0 | 0 | 0 | 0Table B| Total capacity in gross tonnage| Cyprus | Croatia | Greece | Italy | France | Spain | MaltaPurse Seiners | To be established | To be established | To be established | To be established | To be established | To be established | To be establishedLongliners | To be established | To be established | To be established | To be established | To be established | To be established | To be establishedBaitboats | To be established | To be established | To be established | To be established | To be established | To be established | To be establishedHandlines | To be established | To be established | To be established | To be established | To be established | To be established | To be establishedTrawlers | To be established | To be established | To be established | To be established | To be established | To be established | To be establishedOther artisanal | To be established | To be established | To be established | To be established | To be established | To be established | To be established

5.Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member StateMember State | Number of trapsSpain | 5Italy | 6Portugal | 3

7.The distribution between the Member States of the maximum number of fishing vessels flying the flag of a Member State authorised to fish for northern albacore as a target species in accordance with Article 12 of Regulation (EC) No 520/2007 shall be as follows:Member State | Maximum number of vesselsIreland | 50Spain | 730France | 151United Kingdom | 12Portugal | 310

8.Maximum number of Union fishing vessels of at least 20 meters length that fish for bigeye tuna in the ICCAT Convention Area shall be as follows:Member State | Maximum number of vessels with purse seines | Maximum number of vessels with longlinesSpain | 23 | 190France | 11 | —Portugal | — | 79Union | 34 | 269

VII

Wcpfc convention area

Maximum number of Union fishing vessels authorised to fish for swordfish in areas south of 20° S of the WCPFC Convention Area

Spain	14
Union	14

VIII

Quantitative limitations of fishing authorisations for third-country vessels fishing in union waters

Flag State	Fishery	Number of fishing authorisations	Maximum number of vessels present at any time
Norway	Herring, north of 62° 00′ N	To be established	To be established
Faroe Islands	Mackerel, 6a (north of 56° 30′ N), 2a, 4a (north of 59° N)Horse mackerel, 4, 6a (north of 56° 30′ N), 7e, 7f, 7h	20	14
Herring, north of 62° 00′ N	20	To be established
Herring, 3a	4	4
Industrial fishing for Norway pout, 4, 6a (north of 56° 30′ N) (including unavoidable by-catches of blue whiting)	14	14
Ling and tusk	20	10
Blue whiting, 2, 4a, 5, 6a (north of 56° 30′ N), 6b, 7 (west of 12° 00′ W)	20	20
Blue ling	16	16
Venezuela^note	Snappers (French Guiana waters)	45	45

1.Annex IA is amended as follows:

(a)the fishing opportunities table for sandeel and associated by-catches in Union waters of ICES divisions 2a and 3a and ICES subarea 4 is replaced by the following:Species: | Sandeel and associated by-catchesAmmodytes spp. | Zone: | Union waters of 2a, 3a and 4Denmark | 106387 | |United Kingdom | 2325 | |Germany | 162 | |Sweden | 3906 | |Union | 112780 | |TAC | 112780 | | Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply

(b)the fishing opportunities table for blue whiting in Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 is replaced by the following:Species: | Blue whitingMicromesistius poutassou | Zone: | Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14(WHB/1X14)Denmark | 48813 | |Germany | 18979 | |Spain | 41383 | |France | 33970 | |Ireland | 37800 | |The Netherlands | 59522 | |Portugal | 3844 | |Sweden | 12075 | |United Kingdom | 63341 | |Union | 319727 | |Norway | 99900 | |Faroe Islands | 10000 | |TAC | Not relevant | | Analytical TACArticle 7(2) of this Regulation applies

(c)the fishing opportunities table for Ling in Union waters of 4 is replaced by the following:Species: | LingMolva molva | Zone: | Union waters of 4(LIN/04-C.)Belgium | 26 | |Denmark | 404 | |Germany | 250 | |France | 225 | |The Netherlands | 9 | |Sweden | 17 | |United Kingdom | 3104 | |Union | 4035 | |TAC | 4035 | | Precautionary TAC

(d)the Appendix is replaced by the following:‘’

2.Annex IB is amended as follows:

(a)the fishing opportunities table for herring in Union, Faroese, Norwegian and international waters of 1 and 2 is replaced by the following:Species: | HerringClupea harengus | Zone: | Union, Faroese, Norwegian and international waters of 1 and 2(HER/1/2-)Belgium | 13 | |Denmark | 13129 | |Germany | 2299 | |Spain | 43 | |France | 566 | |Ireland | 3399 | |The Netherlands | 4698 | |Poland | 664 | |Portugal | 43 | |Finland | 203 | |Sweden | 4865 | |United Kingdom | 8393 | |Union | 38315 | |Faroe Islands | 4500 | |Norway | 34484 | |TAC | 588562 | | Analytical TAC

(b)the fishing opportunities table for cod in Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14 is replaced by the following:Except for by-catches, the following conditions shall apply to these quotas:

1.They may not be fished between 1 April and 31 May 2019.

2.EU vessels may choose to fish in either or both of the following areas:Reporting code | Geographical limitsCOD/GRL1 | The part of the Greenlandic fishing zone that lies within NAFO sub-area 1F West of 44° 00′ W and South of 60° 45′ N, that portion of NAFO subarea 1 lying south of the parallel of 60° 45′ north latitude (Cape Desolation) and the part of the Greenlandic fishing zone within ICES division 14b that lies East of 44° 00′ W and South of 62° 30′ N.COD/GRL2 | The part of the Greenlandic fishing area that lies within ICES division 14b North of 62° 30′ N.

‘Species:CodGadus morhuaZone:Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14(COD/N1GL14)Germany1636^noteUnited Kingdom364^noteUnion2000^noteTACNot relevantAnalytical TACArticle 3 of Regulation (EC) No 847/96 shall not applyArticle 4 of Regulation (EC) No 847/96 shall not apply

3.Annex IH is replaced by the following:‘’

4.Annex IJ is replaced by the following:‘’

5.Annex III is replaced by the following:‘’

6.Annex IV is replaced by the following:‘’

7.Annex VII is replaced by the following:‘’

8.Annex VIII is replaced by the following:‘’

Appendix

The TACs referred to in Article 8(4) are the following:

For Belgium: common sole in 7a; common sole in 7f and 7g; common sole in 7e; common sole in 8a and 8b; megrims in 7, haddock in 7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1; Norway lobster in 7; cod in 7a; plaice in 7f and 7g; plaice in 7h, 7j and 7k; Skates and Rays in 6a, 6b, 7a-c and 7e-k.

For France: mackerel in 3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32; herring in 4, 7d and Union waters of 2a; horse mackerel in Union waters of 4b, 4c and 7d; whiting in 7b-k; haddock in 7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1; common sole in 7f and 7g; whiting in 8; red seabream in Union and international waters of 6, 7 and 8; boarfish in Union and international waters of 6, 7 and 8; mackerel in 6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14; skates and rays in Union waters of 6a, 6b, 7a-c and 7e-k, skates and rays in Union waters of 7d, skates and rays in Union waters of 8 and 9; undulate ray in Union waters of 7d and 7e.

For Ireland: anglerfish in 6; Union and international waters of 5b; international waters of 12 and 14; anglerfish in 7; Norway lobster in Functional Unit 16 of ICES Subarea 7.

For the United Kingdom: in exchange for the West of Scotland cod and whiting: cod in 6b; Union and international waters of 5b west of 12° 00′ W and of 12 and 14; whiting in 6; Union and international waters of 5b; international waters of 12 and 14; and in exchange for the Celtic Sea cod, Irish Sea whiting and plaice in 7h, 7j and 7k: cod in 7b, 7c, 7e-k, 8, 9 and 10; Union waters; haddock in 7b-k, 8,9 and 10; Union waters of CECAF 34.1.1; sole in 7h, 7j and 7k; sole in 7e; plaice in 7h, 7j and 7k.