COUNCIL REGULATION (EU) 2023/195
of 30 January 2023
fixing for 2023 the fishing opportunities for certain stocks and groups of fish stocks applicable in the Mediterranean and Black Seas and amending Regulation (EU) 2022/110 as regards the fishing opportunities for 2022 applicable in the Mediterranean and the Black Seas
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,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation fixes for 2023 the fishing opportunities for certain fish stocks and groups of fish stocks available in the Mediterranean and Black Seas. It also clarifies the application, in 2022, of the compensation mechanism established by Regulation (EU) 2022/110 in relation to the effort regime for trawlers.
Article 2
Scope
1. This Regulation applies to Union fishing vessels operating in the Mediterranean and Black Seas and exploiting the following fish stocks:
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(a) |
red coral (Corallium rubrum) and common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea, as defined in Article 4, point (b); |
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(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, point (c); |
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(c) |
anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea, as defined in Article 4, point (d); |
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(d) |
European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris), red mullet (Mullus barbatus) in the Adriatic Sea, as defined in Article 4, point (d); |
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(e) |
giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily, as defined in Article 4, point (e), in the Ionian Sea, as defined in Article 4, point (f), and in the Levant Sea, as defined in Article 4, point (g); |
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(f) |
blackspot seabream (Pagellus bogaraveo) in the Alboran Sea, as defined in Article 4, point (h); |
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(g) |
sprat (Sprattus sprattus) and turbot (Scophthalmus maximus) in the Black Sea, as defined in Article 4, point (i). |
2. This Regulation also applies to other Union fishing activities, including recreational fisheries, where they are expressly referred to in the relevant provisions.
Article 3
Definitions
For the purposes of this Regulation, the definitions laid down in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:
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(a) |
‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State; |
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(b) |
‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport; |
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(c) |
‘total allowable catch’ (TAC) means:
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(d) |
‘quota’ means a proportion of the TAC allocated to the Union or a Member State; |
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(e) |
‘Union autonomous quota’ means a catch limit autonomously allocated to Union fishing vessels in the absence of an agreed TAC; |
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(f) |
‘analytical quota’ means a Union autonomous quota for which an analytical assessment is available; |
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(g) |
‘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; |
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(h) |
‘fish aggregating device’ (FAD) means any anchored equipment floating on the sea surface with the objective of attracting fish. |
Article 4
Fishing zones
For the purposes of this Regulation, the following geographical zone definitions apply:
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(a) |
‘GFCM geographical subareas’ mean the areas defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (5); |
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(b) |
‘Mediterranean Sea’ means the waters in GFCM geographical subareas 1 to 27, as defined in Annex I to Regulation (EU) No 1343/2011; |
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(c) |
‘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; |
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(d) |
‘Adriatic Sea’ means the waters in GFCM geographical subareas 17 and 18, as defined in Annex I to Regulation (EU) No 1343/2011; |
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(e) |
‘Strait of Sicily’ means the waters in GFCM geographical subareas 12, 13, 14, 15 and 16, as defined in Annex I to Regulation (EU) No 1343/2011; |
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(f) |
‘Ionian Sea’ means the waters in GFCM geographical subareas 19, 20 and 21, as defined in Annex I to Regulation (EU) No 1343/2011; |
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(g) |
‘Levant Sea’ means the waters in GFCM geographical subareas 24, 25, 26 and 27, as defined in Annex I to Regulation (EU) No 1343/2011; |
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(h) |
‘Alboran Sea’ means the waters in GFCM geographical subareas 1 to 3, as defined in Annex I to Regulation (EU) No 1343/2011; |
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(i) |
‘Black Sea’ means the waters in GFCM geographical subarea 29, as defined in Annex I to Regulation (EU) No 1343/2011. |
TITLE II
FISHING OPPORTUNITIES
CHAPTER I
Mediterranean Sea
Article 5
Red coral
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities harvesting red coral (Corallium rubrum), namely targeted and recreational fisheries in the Mediterranean Sea.
2. For targeted fisheries, the maximum number of fishing authorisations and the maximum quantities of red coral stocks harvested by Union fishing vessels and by other Union fishing activities shall not exceed the levels set out in Annex I.
3. It shall be prohibited for Union fishing vessels subject to paragraph 2 to tranship red coral at sea.
4. For recreational fisheries, Member States shall take the necessary measures to prohibit the catch and retention on board or transhipment or landing of red coral.
Article 6
Common dolphinfish
1. This Article applies to all commercial activities by Union fishing vessels and other Union fishing activities using fish aggregating devices for catching common dolphinfish (Coryphaena hippurus), in the international waters of the Mediterranean Sea.
2. The maximum number of vessels authorised to fish for common dolphinfish is set out in Annex II.
CHAPTER II
Western Mediterranean Sea
Article 7
Demersal stocks
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching demersal stocks referred to in Article 1(2) of Regulation (EU) 2019/1022, in the western Mediterranean Sea.
2. The maximum allowable fishing effort for trawlers and longliners is set out in Annex III to this Regulation. Member States shall manage the maximum allowable fishing effort in accordance with Article 9 of Regulation (EU) 2019/1022 and Articles 26 to 34 of Regulation (EC) No 1224/2009.
3. The allocation among Member States of maximum catch limits for Union fishing vessels in Union waters of the western Mediterranean Sea is also set out in Annex III.
4. The allocation of fishing opportunities by Member States, as set out in this Article and Annex III, shall fulfil the following conditions:
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(a) |
it shall be in accordance with the criteria set out in Article 17 of Regulation (EU) No 1380/2013; and |
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(b) |
it shall be without prejudice to:
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Article 8
Compensation mechanism
1. For the fleet segment concerned, a Member State may grant, in 2023, to vessels flying its flag an additional allocation of fishing days of 3,5 % calculated from the baseline between 2015 and 2017 of that Member State as set out in paragraph 4.
2. The Member State concerned shall notify to the Commission the list of the fishing vessels concerned by such an additional allocation of fishing days, as well as the related number of additional fishing days and the associated condition.
3. The additional allocation shall be calculated from the maximum effort allowed in the baseline between 2015 and 2017 for the relevant fleet segment of the Member State concerned, as from 1 January 2023.
4. A Member State may grant the additional allocation of fishing days referred to in paragraph 1, provided that a vessel fulfils one of the following conditions:
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(a) |
the vessel uses a trawl net with a 45 mm square-mesh codend in order to reduce by at least 25 % catches of the juveniles of hake; |
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(b) |
the vessel uses a trawl net with a 50 mm square-mesh codend for deep-water fisheries in order to reduce by at least 25 % catches of blue and red shrimps with a carapace length (CL) of less than 25 mm in geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11 and to reduce by at least 25 % catches of giant red shrimps with a CL of less than 35 mm in the geographical subareas 8, 9, 10 and 11; |
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(c) |
the vessel uses a regulated highly selective gear, the technical specifications of which result in, according to the scientific study by STECF, a reduction of at least 25 % of catches of juveniles of all demersal species or at least 20 % of catches of spawners of all demersal species compared to 2020, such as a sorting grid with 20 mm spacing; |
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(d) |
the Member State concerned has established temporary closure areas in order to reduce by at least 25 % catches of juveniles of all demersal species or by at least 20 % catches of spawners of all demersal species; |
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(e) |
the Member State concerned has adopted a new minimum conservation reference size for hake of at least 26 cm, in order to progressively reach the length at first maturity; or |
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(f) |
the Member State concerned has set a closure of at least four continuous weeks for fishing activities with trawlers in the areas and periods recognised as important, on the basis of the best available scientific advice, for the protection of spawners of hake stocks. Such areas shall also account for spatial patterns of spawners’ distribution, including depths from 150 m to 500 m. The periods of the temporary fishing closure shall be from February to March and from October to November. |
5. The Member State concerned shall also separately notify every month to the Commission the effort deployed to be counted against the additional allocation referred to in paragraph 4, by using the specific reporting codes for that allocation.
6. The Member State concerned shall submit to the Commission, by 15 October at the latest, all available information related to the implementation of the measures referred to in paragraph 4, points (a) to (f).
Article 9
Data recording and transmission
1. Member States shall record and transmit the fishing effort data to the Commission in accordance with Article 10 of Regulation (EU) 2019/1022.
2. 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 III.
CHAPTER III
Adriatic Sea
Article 10
Small pelagic stocks
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sardine (Sardina pilchardus) and anchovy (Engraulis encrasicolus) in the Adriatic Sea.
2. The maximum level of catches shall not exceed the levels set out in Annex IV.
3. The maximum fleet capacity, expressed in number of vessels, kW and GT, of Union fishing vessels authorised to fish small pelagic stocks, is set out in Annex IV.
Article 11
Demersal stocks
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching 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.
2. The maximum allowable fishing effort for demersal stocks and the maximum fleet capacity within the scope of this Article is set out in Annex IV.
3. A Member State may amend its fishing effort allocation as set out in Annex IV by transferring fishing days across fishing effort groups of the same geographical area and/or gear, provided that it applies a national conversion factor which is supported by the best available scientific advice.
4. Member States shall manage the maximum allowable fishing effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.
Article 12
Data transmission
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 IV.
CHAPTER IV
Strait of Sicily
Article 13
Demersal stocks
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily.
2. The maximum level of catches of deep-water rose shrimp shall not exceed the levels set out in Annex V.
3. The maximum allowable fishing effort for hake and the maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article are set out in Annex V.
4. Member States shall manage the maximum allowable fishing effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.
Article 14
Deep-water shrimps
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily.
2. The maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks is set out in Annex V.
3. The maximum level of catches shall not exceed the levels set out in Annex V.
Article 15
Data transmission
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 V.
CHAPTER V
Ionian Sea and Levant Sea
Article 16
Deep-water shrimps
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Ionian Sea and in the Levant Sea.
2. The maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks is set out in Annex VI.
3. The maximum level of catches shall not exceed the levels set out in Annex VI.
CHAPTER VI
Alboran Sea
Article 17
Blackspot seabream
1. This Article applies to commercial and recreational fishing with longlines and handlines by Union fishing vessels catching blackspot seabream (Pagellus bogaraveo) in the Alboran Sea.
2. The maximum level of catches shall not exceed the levels set out in Annex VII.
3. The maximum number of longlines and handlines authorised to fish for blackspot seabream is set out in Annex VII.
4. For recreational fishing activities, the maximum number of catches shall be limited to one fish per fisher per day. The minimum conservation reference size of 40 cm for blackspot seabream (Pagellus bogaraveo) shall apply to recreational fisheries in the Alboran Sea. Recreational fishing for this species shall be prohibited during the closure period of commercial fisheries set at national level.
CHAPTER VII
Black Sea
Article 18
Allocation of fishing opportunities for sprat
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sprat (Sprattus sprattus) in the Black Sea.
2. The Union autonomous quota for sprat, the allocation of such quota among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII.
Article 19
Allocation of fishing opportunities for turbot
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching turbot (Scophthalmus maximus) in the Black Sea.
2. The TAC for turbot applicable in Union waters in the Black Sea and the allocation of such TAC among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII.
Article 20
Management of fishing effort for turbot
Union fishing vessels authorised to fish for turbot within the scope of Article 19, irrespective of a vessel’s overall length, shall not exceed 180 fishing days per year.
Article 21
Closure period for turbot
It shall be prohibited for Union fishing vessels to carry out any fishing activity, including retaining on board, transhipment, landing and first sale of turbot in Union waters in the Black Sea from 15 April to 15 June.
Article 22
Special provisions on allocations of fishing opportunities in the Black Sea
1. The allocation of fishing opportunities among Member States as set out in Articles 18 and 19 shall be without prejudice to:
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(a) |
exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013; |
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(b) |
deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009; and |
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(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.
Article 23
Data transmission
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 VIII to this Regulation.
TITLE III
FINAL PROVISIONS
Article 24
Amendment to Regulation (EU) 2022/110
Annex III to Regulation (EU) 2022/110 is amended in accordance with Annex IX to this Regulation.
Article 25
Entry into force
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 2023.
However, Article 24 shall apply from 1 January 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 January 2023.