Council Regulation (EU) 2024/1856

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) 2024/257^note fixes for 2024, 2025 and 2026 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters. Those fishing opportunities, including certain measures functionally linked thereto, should be amended to take into account the publication of scientific advice, as well as the outcomes of consultations with third countries and regional fisheries management organisations (RFMOs) meetings.

(2)Regulation (EU) 2024/257 provisionally set at zero the total allowable catches (TAC) for anchovy (Engraulis encrasicolus) in International Council for the Exploration of the Sea (ICES) subareas 9 and 10 and Union waters of Committee for Eastern Central Atlantic Fisheries (CECAF) division 34.1.1 for the period from 1 July 2024 to 30 June 2025, pending the publication by ICES of its scientific advice for anchovy in ICES division 9a for that period. To allow fishing to continue until the TAC for that stock for the period from 1 July 2024 to 30 June 2025 is set, a provisional TAC at the level of 4997 tonnes for the period from 1 July 2024 to 30 September 2024 should be set. That level corresponds to Member States’ catches of that stock in the third quarter of 2023.

(3)On 28 March 2024, the Scientific, Technical and Economic Committee for Fisheries (STECF) published its opinion on the socio-economic impact of setting the TAC for pollack (Pollachius pollachius) in ICES divisions 8a, 8b, 8d and 8e for 2024 at the level advised by ICES and indicating the level of that TAC required to avoid the phenomenon of ‘choke species’^note. Therefore, the definitive TAC for 2024 should be set, replacing the provisional TAC set by Regulation (EU) 2024/257 for the period from 1 January to 30 June 2024. Pursuant to Article 5(3) of Regulation (EU) 2019/472 of the European Parliament and of the Council^note, that TAC should be set at a level of 959 tonnes, which, according to that opinion of the STECF, will allow the fleets to continue operating until the fourth quarter of the year and therefore reduce: (i) the phenomenon of ‘choke species’ and a premature closure of the relevant fisheries; and (ii) associated socio-economic impacts on the fisheries sector.

(4)On 18 and 19 June 2024, the Union and Norway held consultations on: (i) the level of the overall fishing opportunities for Northern prawn in ICES divisions 3a and 4a east for the period from 1 July 2024 to 30 June 2025; and (ii) the level of the TAC for Northern prawn in ICES division 3a. The outcome of those consultations was documented in an Agreed Record signed on 19 June 2024. The TAC for Northern prawn in ICES division 3a should therefore be set at the level agreed with Norway. The Union and Norway also considered transfers of Northern prawn in Norwegian waters of the North Sea south of 62^oN from Norway to the Union, in addition to the level set out in Table 2 of the Agreed Record of fisheries consultations between the Union and Norway for 2024, signed on 8 December 2023. The Member States quotas for Northern prawn in Greenland waters of ICES subareas 5 and 14 should be amended accordingly.

(5)Between 23 May and 4 June 2024, the Union, the United Kingdom and Norway held consultations on: (i) the level of the overall fishing opportunities for sprat (Sprattus sprattus) in Union and United Kingdom waters of ICES subarea 4 and division 2a and in Union and Norwegian waters of ICES division 3a for the period from 1 July 2024 to 30 June 2025; and (ii) the levels of the TACs for sprat in those areas. The outcome of those consultations was documented in an Agreed Record signed on 11 June 2024. The TACs for sprat and associated by-catches for the period from 1 July 2024 to 30 June 2025 in: (i) Union and United Kingdom waters of ICES subarea 4 and division 2a; and (ii) Union and Norwegian waters of ICES division 3a, should therefore be set at the levels agreed with the United Kingdom and Norway.

(6)Between 14 and 24 May 2024, the Union and the United Kingdom held consultations pursuant to Article 498(2), (4) and (6) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part^note (the ‘Agreement’) on the level of the TAC for sprat in ICES divisions 7d and 7e for the period from 1 July 2024 to 30 June 2025. The outcome of those consultations was documented in a Written Record signed on 30 May 2024. The TAC for sprat and associated by-catches in ICES divisions 7d and 7e for that period should therefore be set at the level agreed with the United Kingdom.

(7)The Union and the United Kingdom agreed, in paragraph (m) of the EU-UK Written Record of fisheries consultations between the United Kingdom and the European Union for 2024, to submit a joint request to ICES to publish a revised advice based on the outcome of the benchmark and to amend the TAC for common sole (Solea solea) in the Irish Sea (SOL/07A.) in line with that revised advice. On 13 June 2024 the Union and the United Kingdom held consultations pursuant to Article 498(5) of the Agreement with the aim of agreeing on an amended TAC for common sole (Solea solea) in ICES division 7a for 2024. The outcome of those consultations was documented in a Written Record signed on 17 June 2024. It is therefore appropriate to amend the level of that TAC and set it at the level agreed with the United Kingdom.

(8)To allow fishing to start on 1 July 2024, the Union quota for redfish (Sebastes spp.) in international waters of ICES subareas 1 and 2 should be set for 2024. That Union quota should be set at the level of 6000 tonnes, i.e. at the same level as for 2023, pending the availability of scientific advice and to allow to maintenance at historic level of the Union fishing activities for the stock in international waters.

(9)At is 2024 annual meeting, the North Pacific Fisheries Commission (NPFC) amended measures for chub mackerel (Scomber japonicus) in the NPFC Convention area and, for the first time, established catch limits for that stock available to all NPFC Contracting Parties, including the Union, for trawlers and purse seiners respectively for the period from 1 June 2024 to 31 May 2025. In addition, the NPFC established an additional amount of that stock for the Union for that same period. It also established associated effort limits. Moreover, the NPFC established measures functionally linked to those catch limits and to that additional amount, without which: (i) those catch limits for all NPFC Contracting Parties could not have been established; and (ii) the fishing opportunities for chub mackerel in the NPFC Convention area would have to be reduced to protect the non-target species. Those fishing opportunities and functionally linked measures should be implemented in Union law. Regarding the catch limits and the additional amount for the Union, as Member States have not fished for that stock in the past, those fishing opportunities should be allocated at Union level.

(10)Regulation (EU) 2024/897 of the European Parliament and of the Council^note inter alia amends Article 33 of Regulation (EU) 2017/2107 of the European Parliament and of the Council^note by inserting a new provision which prohibits Union vessels from harming shortfin mako sharks caught in the Atlantic Ocean north of 5^oN, and requires Union vessels to release promptly such shortfin mako sharks into the sea, while giving due consideration to the safety of crew members. To avoid overlapping provisions on the same subject matter, it is appropriate to delete Article 27(6) of Regulation (EU) 2024/257.

(11)Articles 32 and 34 to 36 of Regulation (EU) 2017/2107 already prohibit Union vessels from retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus), oceanic whitetip sharks (Carcharhinus longimanus), hammerhead sharks of the Sphyrnidae family and silky sharks (Carcharhinus falciformis), caught in association with fisheries in the ICCAT Convention area, and require prompt release of unharmed specimens back into the sea. To avoid overlapping provisions on the same subject matter, it is appropriate to delete Article 27(1) and (3) to (5) of Regulation (EU) 2024/257.

(12)Pursuant to Article 8 of Regulation (EU) 2023/2053 of the European Parliament and of the Council^note, certain Member States submitted to the Commission revised annual fishing and capacity management plans with requests to carry-over 5 % of their annual quota of bluefin tuna (Thunnus thynnus) in the Atlantic Ocean, east of 45^oW, and the Mediterranean from 2023 to 2024. Based on those plans, on 23 May 2024 the Commission submitted to the ICCAT Secretariat a revised Union annual plan for 2024 for approval by ICCAT. On 24 May 2024, ICCAT approved that plan. In order to ensure consistency with the revised Union annual plan approved by ICCAT, the TAC for bluefin tuna in the Atlantic Ocean, east of 45^oW, and the Mediterranean for 2024 should therefore be amended accordingly.

(13)Pursuant to Article 15(7) of Regulation (EU) 2023/2053, certain Member States submitted to the Commission revised farming management plans for bluefin tuna in the ICCAT Convention area. Based on those revised plans, on 23 May 2024 the Commission submitted to the ICCAT Secretariat a revised Union annual plan for 2024 for approval by ICCAT. On 24 May 2024, ICCAT approved that plan. The Union’s maximum farming input and capacity should therefore be amended in line with that plan. That is without prejudice to Member States’ right to prepare and submit their farming management plans for the next years according to Article 15(3) and (4) of Regulation (EU) 2023/2053.

(14)Article 20(1) and certain TAC tables in Annexes IA, Part B, and IK to Regulation (EU) 2024/257, and Article 18(1) and Annex IA, Part D, to Council Regulation (EU) 2023/194^note contain certain errors as regards fishing opportunities levels, species, application areas and reporting codes. It is therefore appropriate to correct those provisions accordingly.

(15)Regulations (EU) 2023/194 and (EU) 2024/257 should therefore be amended accordingly.

(16)Certain provisions of this Regulation amending provisions of Regulation (EU) 2024/257 concerning fishing opportunities for toothfishes (Dissostichus spp.) in the Southern Indian Ocean Fisheries Agreement (SIOFA) area should apply from 1 December 2023, in line with the application period of the amended provisions. In addition, the provisions of this Regulation amending provisions of Regulations (EU) 2023/194 and (EU) 2024/257 concerning: (i) pollack in ICES divisions 8a, 8b, 8d and 8e; (ii) bluefin tuna in the Atlantic Ocean, east of 45^oW, and the Mediterranean; and (iii) other provisions subject to corrections of errors, should apply from 1 January 2024, in line with the application period of the provisions concerned. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the level or area of application of the fishing opportunities or farming limits are increased.

(17)Given the urgency of avoiding interruptions to fishing activities, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1Amendments to Regulation (EU) 2024/257#

Regulation (EU) 2024/257 is amended as follows:

(1)in Article 1(2), the following point is added:

(d)fishing opportunities for the period from 1 June 2024 to 31 May 2025 in the North Pacific Fisheries Commission (NPFC) Convention area.’

;

(2)in Article 4, the following point is inserted:

(ra)“NPFC Convention area” means the geographical area defined in the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean^note.

(3)the following Article is inserted:‘Article 12aMeasures on pollack in ICES divisions 8a, 8b, 8d and 8eA minimum conservation reference size of 42 cm shall apply for the catches of pollack in ICES divisions 8a, 8b, 8d and 8e.’;

(4)in Article 20(1), points (c) to (f) are deleted;

(5)Article 27 is replaced by the following:‘Article 27SharksIn addition to the prohibitions established in Articles 32 to 36 of Regulation (EU) 2017/2107, it shall also be prohibited to engage in directed fishery for species of thresher sharks of the Alopias genus.’;

(6)the following Section is inserted:‘SECTION 11ANPFC CONVENTION AREAArticle 48aChub mackerel fishery1.For Union fishing vessels fishing in the NPFC Convention area, flag Member States shall transmit the following aggregated data to the Commission by the following dates:

(a)monthly catches under the catch limits for chub mackerel (Scomber japonicus) for all NPFC Contracting Parties for trawlers and purse seiners respectively, as set out in Annex IM when utilisation of those catch limits is below 60 %, by the seventh day of the following month; and

(b)weekly catches of chub mackerel under those catch limits when utilisation of those catch limits is above 60 % and below 95 %, by Tuesday of the following week.

The Commission shall compile and promptly transmit that information to the NPFC Executive Secretary.2.Within two days from the issue date of notifications of the NPFC Executive Secretary that the utilisation of those catch limits has reached 95 %, the Commission shall close the fisheries under those catch limits.3.The Commission shall compile and transmit annual catches of chub mackerel in the NPFC Convention area to the NPFC Executive Secretary by the end of February of the following year.4.This Article shall apply in addition to the reporting obligations on fishing opportunities set out in Article 33 of Council Regulation (EC) No 1224/2009^note.Article 48bProtection of sharks in the NPFC Convention area1.Union fishing vessels fishing in the NPFC Convention area shall not fish for, retain on board, tranship or land sharks in the NPFC Convention area.2.When accidentally caught, specimens of the species referred to in paragraph 1 shall not be harmed and shall be promptly released.Article 48cProtection of anadromous fish in the NPFC Convention area1.Union fishing vessels fishing in the NPFC Convention area shall not fish for, retain on board, tranship or land Chum salmon (Oncorhynchus keta), Coho salmon (Oncorhynchus kisutch), Pink salmon (Oncorhynchus gorbuscha), Sockeye salmon (Oncorhynchus nerka), Chinook salmon (Oncorhynchus tshawytscha), Cherry salmon (Oncorhynchus masou) and Steelhead trout (Oncorhynchus mykiss).2.When accidentally caught, specimens of the species referred to in paragraph 1 shall not be harmed and shall be promptly released.

(7)in Article 55(1), point (d) is deleted;

(8)in Article 59, the third paragraph is amended as follows:

(a)the following point is inserted after point (a):

(aa)Article 12a shall apply from 1 July 2024 to 31 December 2024 or until the date on which a delegated act adopted in accordance with Article 15(2) of Regulation (EU) 2019/1241 and amending Annex VII, Part A, of that Regulation regarding the minimum conservation reference size for pollack in ICES divisions 8a, 8b, 8d and 8e becomes applicable, whichever is earlier;’

;

(b)the following point is inserted after point (g):

(ga)Section 11a shall apply from 1 June 2024 to 31 May 2025 or until the date on which a Regulation of the European Parliament and of the Council laying down measures applicable in the area covered by the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean becomes applicable, whichever is earlier;’

;

(c)the following point is inserted after point (j):

(ja)Annexes IM and Xa shall apply from 1 June 2024 to 31 May 2025;’

;

(9)Annexes IA, IB, ID, IK and VI are amended in accordance with Annex I, part I, to this Regulation;

(10)Annexes IM and Xa are inserted in accordance with Annex I, parts II and III, to this Regulation.

Article 2Amendments to Regulation (EU) 2023/194#

Regulation (EU) 2023/194 is amended as follows:

(1)in Article 18(1), point (p) is replaced by the following:

(p)deep-sea species listed in Annex IA, Part D, in Union, United Kingdom and international waters of ICES zones: 1; 2, except UK waters of division 2a; 5 to 10; 12 and 14, and CECAF areas 34.1.1, 34.1.2 and 34.2. In addition, in Union and United Kingdom waters of ICES division 2a and subarea 4, where specified in that Annex.’

;

(2)in Article 55(1), point (k) is replaced by the following:

(k)deep-sea sharks listed in Annex IA, Part D, in Union waters of ICES subareas 6 to 10 and CECAF areas 34.1.1, 34.1.2 and 34.2. In addition, in Union waters of ICES subarea 4, where specified in that Annex.’

;

(3)Annex IA is amended in accordance with Annex II to this Regulation.

Article 3Entry into force and application#

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.It shall apply from 1 December 2023. However, Article 2 shall apply from 1 January 2024.

Annex I

I.Annexes IA, IB, ID, IK and VI to Regulation (EU) 2024/257 are amended as follows:

(1)in Annex IA, Part A, Table 2 is replaced by the following:‘Table | 2Species: | Anchovy | Zone: | 9 and 10; Union waters of CECAF 34.1.1Engraulis encrasicolus | (ANE/9/3411)Spain | 2390 | | Analytical TACPortugal | 2607 | |Union | 4997 | |TAC | 4997 | |’;

(2)in Annex IA, Part A, Table 17 is replaced by the following:‘Table | 17Species: | Pollack | Zone: | 8a, 8b, 8d and 8ePollachius pollachius | (POL/8ABDE.)Spain | 163 | | Analytical TACFrance | 796 | |Union | 959 | |TAC | 959 | |’;

(4)in Annex IA, Part B, Table 103 is replaced by the following:‘Table | 103Species: | Mackerel | Zone: | 3a; United Kingdom, Union waters of 2a, 3b, 3c, 3d and 4; Norwegian waters 2a and 4aScomber scombrus | (MAC/2A34-N.)Belgium | 476 | | Analytical TACDenmark | 27882 | | Article 7(2) of this Regulation appliesGermany | 496 | |France | 1498 | |Netherlands | 1508 | |Sweden | 4569 | |Union | 36429 | |TAC | 739386 | |’;

(5)in Annex IA, Part B, Table 108 is replaced by the following:‘Table | 108Species: | Common sole | Zone: | 7aSolea solea | (SOL/07A.)Belgium | 280 | | Analytical TACFrance | 4 | |Ireland | 95 | |Netherlands | 89 | |Union | 468 | |United Kingdom | 145 | |TAC | 625 | |’;

(6)in Annex IA, Part B, Table 113 is replaced by the following:‘Table | 113Species: | Sprat and associated by-catches | Zone: | 3aSprattus sprattus | (SPR/03A.)Denmark | 9236 | | Analytical TACGermany | 19 | |Sweden | 3495 | |Union | 12750 | |TAC | 13784 | |’;

(7)in Annex IA, Part B, Table 114 is replaced by the following:‘Table | 114Species: | Sprat and associated by-catches | Zone: | United Kingdom and Union waters of 4; United Kingdom waters of 2aSprattus sprattus | (SPR/2AC4-C)Belgium | 696 | | Analytical TACDenmark | 55072 | |Germany | 696 | |France | 696 | |Netherlands | 696 | |Sweden | 1330 | |Union | 59186 | |Norway | 0 | |Faroe Islands | 0 | |United Kingdom | 2351 | |TAC | 61537 | |’;

(8)in Annex IA, Part B, Table 115 is replaced by the following:‘Table | 115Species: | Sprat | Zone: | 7d and 7eSprattus sprattus | (SPR/7DE.)Belgium | 9 | | Analytical TACDenmark | 620 | |Germany | 9 | |France | 134 | |Netherlands | 134 | |Union | 906 | |United Kingdom | 4344 | |TAC | 5250 | |’;

(12)in Annex ID, Table 12 is replaced by the following:‘Table | 12Species: | Bluefin tuna | Zone: | Atlantic Ocean, east of 45oW, and MediterraneanThunnus thynnus | (BFT/AE45WM)Cyprus | 188,48 | | Analytical TACGreece | 357,49 | | Article 3(2) and (3) of Regulation (EC) No 847/96 shall not applySpain | 6904,70 | | Article 4 of Regulation (EC) No 847/96 shall not applyFrance | 6807,40 | |Croatia | 1101,24 | |Italy | 5440,04 | |Malta | 438,06 | |Portugal | 643,03 | |Other Member States | 79,60 | |Union | 21960,05 | |TAC | 40570,00 | |’;

(13)in Annex IK, Table 1, footnote 1 is replaced by the following:‘⁽¹⁾Area bounded:

—to the south, by latitude 36^o00'S,

—to the east, by longitude 49^o00'E,

—to the west, by longitude 40^o00'E,

—to the north, by the adjacent exclusive economic zones.

’;

(14)in Annex IK, Table 2, footnote 1 is replaced by the following:‘⁽¹⁾Area bounded:

—to the north, by latitude 44^o00'S when west of 44^o09'E and by latitude 43^o30'S when east of 44^o09'E,

—to the south, by latitude 45^o00'S,

—to the west and east by the adjacent exclusive economic zones.

’;

(15)in Annex IK, Table 3, footnote 1 is replaced by the following:‘⁽¹⁾Area bounded by the following coordinates:Point | Latitude | Longitude1 | 52o50'00''S | 80o00'00''E2 | 55o00'00''S | 80o00'00''E3 | 55o00'00''S | 85o00'00''E4 | 52o50'00''S | 85o00'00''E’;

(16)in Annex VI, point 4 is replaced by the following:‘4.Maximum number 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 Mediterranean.Table A| Number of fishing vessels| Greece | Spain | France | Croatia | Italy | Cyprus | Malta | PortugalPurse seiners | 0 | 7 | 22 | 18 | 21 | 1 | 2 | 0Longliners | 0 | 38 | 23 | 0 | 40 | 17 | 63 | 0Baitboats | 0 | 66 | 8 | 0 | 0 | 0 | 0 | 0Handline | 0 | 1 | 47 | 24 | 0 | 0 | 0 | 0Trawlers | 0 | 0 | 56 | 0 | 0 | 0 | 0 | 0Small-scale coastal | 64 | 696 | 89 | 20 | 0 | 0 | 0 | 0Other artisanal | 41 | 0 | 60 | 0 | 142 | 0 | 240 | 76’;

II.The following Annex is inserted after Annex IL:

III.The following Annex is inserted after Annex X:

Annex II

Annex IA to Regulation (EU) 2023/194 is amended as follows:

Part D is replaced by the following:

‘PART DDeep-sea species(1)Deep-sea sharksScientific name | Alpha-3 code | Common nameApristurus spp. | API | Deep-sea catsharksCentrophorus spp. | CWO | Gulper sharksCentroscyllium fabricii | CFB | Black dogfishCentroscymnus coelolepis | CYO | Portuguese dogfishCentroscymnus crepidater | CYP | Longnose velvet dogfishChlamydoselachus anguineus | HXC | Frilled sharkDalatias licha | SCK | Kitefin sharkDeania calcea | DCA | Birdbeak dogfishEtmopterus princeps | ETR | Great lanternsharkEtmopterus spinax | ETX | Velvet bellyGaleus melastomus | SHO | Blackmouth dogfishGaleus murinus | GAM | Mouse catsharkHexanchus griseus | SBL | Bluntnose six-gill sharkOxynotus paradoxus | OXN | Sailfin roughshark (Sharpback shark)Scymnodon ringens | SYR | Knifetooth dogfishSomniosus microcephalus | GSK | Greenland shark(2)Deep-sea rays (Rajiformes)Scientific name | Alpha-3 code | Common nameRaja fyllae | RJY | Round skateRaja hyperborea | RJG | Arctic skateRaja nidarosiensis | JAD | Norwegian skate(3)Deep-sea ChimaerasScientific name | Alpha-3 code | Common nameChimaera monstrosa | CMO | Rabbit fishChimaera opalescens | WCH | Opal chimaeraHarriotta haeckeli | HCH | Smallspine spookfishHarriotta raleighana | HCR | Narrownose chimaeraHydrolagus affinis | CYA | Small-eyed rabbitfishHydrolagus lusitanicus | KXA | Portuguese rabbitfishHydrolagus mirabilis | CYH | Large-eyed rabbit fish (ratfish)Hydrolagus pallidus | CYZ | Pale chimaeraRhinochimaera atlantica | RCT | Straightnose rabbitfish’.

‘Annex im — npfc convention area

Trawlers*(MAS/NPFC-TR)	Purse seiners*(MAS/NPFC-PS)
14000	80000
Table	1
Species:	Chub mackerel(Scomber japonicus)	Zone:	NPFC Convention area
Union	6000	^note^note^note	Precautionary TAC
NPFC Contracting Parties, including Union	94000	^note^note^note	Article 3 of Regulation (EC) No 847/96 shall not apply
TAC	Not relevant

’.

‘ANNEX Xa — NPFC CONVENTION AREA

Maximum number of Union fishing vessels authorised to undertake bottom fishing in the NPFC Convention area:

Union

’.