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Document 32024R0257

Council Regulation (EU) 2024/257 of 10 January 2024 fixing 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, and amending Regulation (EU) 2023/194

ST/16570/2023/ADD/3/REV/1

OJ L, 2024/257, 11.1.2024, ELI: http://data.europa.eu/eli/reg/2024/257/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/reg/2024/257/oj

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Official Journal
of the European Union

EN

Series L


2024/257

11.1.2024

COUNCIL REGULATION (EU) 2024/257

of 10 January 2024

fixing 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, and amending Regulation (EU) 2023/194

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)

Article 6 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) requires the adoption of conservation measures taking account of available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF) and other advisory bodies, and any advice received from advisory councils.

(2)

The Council should adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked to those fishing opportunities, as appropriate. Under Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities are to be fixed in accordance with the objectives of the common fisheries policy (CFP) as set out in Article 2(2) of that Regulation. Under Article 16(1) of that Regulation, fishing opportunities are to be allocated among the Member States so as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery.

(3)

The total allowable catches (TACs) should therefore be established, in accordance with Article 3 of Regulation (EU) No 1380/2013, on the basis of available scientific advice, taking into account biological and socio-economic aspects, while ensuring fair treatment between fishing sectors, and in the light of opinions expressed during the consultation of stakeholders.

(4)

Under Article 15 of Regulation (EU) No 1380/2013, all stocks for which there are catch limits have been subject to the landing obligation since 1 January 2019, although certain exemptions apply. On the basis of joint recommendations by the Member States and in accordance with Article 15 of Regulation (EU) No 1380/2013, the Commission adopts delegated acts laying down details for the implementation of the landing obligation for certain fisheries.

(5)

Fishing opportunities for stocks covered by the landing obligation should take account of the fact that discarding is in principle no longer allowed. Therefore, they should be based on the advice figure for total catches as provided by the International Council for the Exploration of the Sea (ICES). The quantities that, by way of exemption from the landing obligation, may continue to be discarded should be deducted from that advice figure for total catches. Moreover, fishing opportunities for stocks for which ICES provides only landings advice, should be set on the basis of that advice.

(6)

Regulation (EU) 2018/973 of the European Parliament and of the Council (2) established a multiannual plan (MAP) for the North Sea (‘the North Sea MAP’) and Regulation (EU) 2019/472 of the European Parliament and of the Council (3) established a MAP for the Western Waters (‘the Western Waters MAP’). The MAPs set out targets and measures for the long-term management of stocks covered by those MAPs. Fishing opportunities for stocks listed in Article 1(1) of those Regulations (target stocks) should be fixed in accordance with the range of fishing mortality values resulting in maximum sustainable yield (MSY) (ranges of FMSY), or at a lower level, and in accordance with the safeguards provided for in those Regulations. The ranges of FMSY are set out in the relevant ICES advice. Where no adequate scientific information is available, fishing opportunities for target stocks or stocks referred to in Article 1(4) of those Regulations (by-catch stocks) should be fixed in accordance with the precautionary approach, as set out in those Regulations. Pursuant to Article 5(3) of those Regulations, when fixing fishing opportunities for by-catch stocks, mixed fisheries considerations should also be taken into account.

(7)

In accordance with Article 7 of the North Sea MAP and Article 8 of the Western Waters MAP, where scientific advice indicates that the spawning stock biomass of any of the stocks referred to in Article 1(1) of those Regulations is below the limit biomass reference point (Blim(4), further remedial measures are to be taken to ensure the rapid return of the stock to levels above those capable of producing MSY. In particular, those remedial measures can include suspending the targeted fishery for the stock in question and the adequate reduction of fishing opportunities for those or other stocks in the fisheries.

(8)

There are certain stocks for which ICES advises zero catches. However, if TACs for those stocks are established at the advised levels, the obligation to land all catches, including by-catches from those stocks in mixed fisheries, would give rise to the phenomenon of choke species. Choke species are species with a lack of quota that can cause one or more fishing vessels to stop fishing even if they still have quota for other species. In order to strike a balance between maintaining fisheries, in view of the potentially severe socio-economic implications of failing to do so, and the need to achieve a good biological status for those stocks, taking account of the difficulty of fishing all stocks in a mixed fishery at MSY, it is appropriate to establish specific TACs for by-catches for those stocks. Those by-catch TACs should be set at levels that ensure that the mortality for those stocks is decreased and that provide incentives to improve selectivity and avoid by-catches of those stocks. In order to reduce catches of the stocks for which by-catch TACs are set, fishing opportunities for the fisheries in which fish from those stocks are caught should be set at levels that help the biomass of vulnerable stocks to recover to sustainable levels.

(9)

In its scientific advice for cod (Gadus morhua) in ICES subdivision 21 (Kattegat), ICES advises zero catches of that stock in 2024. Moreover, according to ICES, cod in that area is mainly taken as by-catch in the Norway lobster (Nephrops norvegicus) fishery. Therefore, if the TAC for cod in the Kattegat for 2024 was established at zero, this would notably result in vessels fishing for Norway lobster in that area to cease fishing in 2024, thus potentially leading to a premature closure of this fishery. Based on European Market Observatory for Fisheries and Aquaculture Products (EUMOFA) data (5), the indicative value (6) of possible catches of Norway lobster fishery in division 3a (Skagerrak-Kattegat) within the limits of the TAC for 2024 is estimated at EUR 98 561 451. It is therefore appropriate to establish a TAC for by-catches of the choke species cod in the Kattegat.

(10)

In order to guarantee, to the extent possible, the use of fishing opportunities in mixed fisheries in accordance with Article 16(2) of Regulation (EU) No 1380/2013, it is appropriate to establish a pool for quota exchanges for Member States that have no quota to cover their unavoidable by-catches.

(11)

In accordance with Articles 2(2) and 16(4) of Regulation (EU) No 1380/2013, for stocks that are not covered by the North Sea MAP or the Western Waters MAP, where adequate scientific information is available, fishing opportunities should be fixed in line with the MSY fishing mortality and, where such information is not available, fishing opportunities should be fixed in line with the precautionary approach to fisheries management, as defined in Article 4(1), point (8), of Regulation (EU) No 1380/2013.

(12)

For certain stocks, ICES advice remains valid for several years and that advice remains the best available scientific advice for the entire advice period. In those cases, annual TACs covering the entire advice period should be set (multiannual TAC). However, if new ICES advice becomes available during that period, it should be ensured that the multiannual TAC remain consistent with the new advice. Moreover, it should be ensured that the annual deductions from the advice figure for total catches to take account of exemptions from the landing obligation remain consistent with the available data.

(13)

European seabass (Dicentrarchus labrax) in ICES divisions 8a and 8b (Bay of Biscay) is a target stock under the Western Waters MAP. According to the ICES advice for 2024, the biomass of that stock decreased to below MSY Btrigger in 2023 and is expected to decrease further in 2024 while remaining above Blim. Therefore, appropriate remedial measures should be adopted to ensure the rapid return of that stock to levels above those capable of producing MSY. France and Spain should therefore ensure that commercial landings and recreational removals for that stock, which are to be set by them for 2024, are below the FMSY point value (7), as reduced proportionally to take into account the decrease in the biomass, and adopt additional measures in accordance with Article 19 of Regulation (EU) No 1380/2013.

(14)

Measures governing recreational fisheries for European seabass in ICES divisions 8a and 8b should be strengthened, in view of their significant impact on the biomass of that stock and taking into account the decreased biomass. The bag limit should therefore be reduced to one fish caught and retained per fisher per day. Fixed nets should also be excluded, as they are insufficiently selective and likely to catch a number of specimens exceeding the established limit.

(15)

Article 5(3) of the Western Waters MAP provides for the management of mixed fisheries with regards to by-catch stocks taking into account the difficulty of fishing all stocks at MSY at the same time, especially in situations where that leads to a premature closure of the fishery. Mixed fisheries considerations in the Bay of Biscay published on 14 November 2023 indicates that, if horse mackerel is excluded, pollack (Pollachius pollachius) is the most limiting stock for demersal fisheries in the Bay of Biscay for three fishing segments out of 21. Given the socio-economic data submitted by one of the Member States concerned, suggesting that for pollack in the Bay of Biscay and Iberian waters (ICES subarea 8 and division 9a), mixed fishery considerations point to the difficulty of fishing all TACs fully, more time is needed in order to assess the socio-economic impact of the setting of fishing opportunities for pollack for fishers active in that mixed fishery (sole (Solea solea) and Norway lobster). For that reason, a provisional TAC for pollack in the Bay of Biscay (divisions 8abde) should be set for the first half of year 2024. On the basis of the ICES advice of 30 June 2023 regarding pollack in the Bay of Biscay and Iberian waters, and taking into account the seasonality of the fishery, the level of that provisional quota should be fixed at 500 tonnes from 1 January 2024 to 30 June 2024. Such a provisional TAC aims to ensure fishing activities can continue while the data is being assessed, until the Council sets a definitive Union TAC.

(16)

According to scientific advice, recreational catches of pollack in ICES subareas 8, 9, 10 and Union waters of CECAF 34.1.1 (Bay of Biscay and Iberian waters) are non-negligible and it is therefore appropriate to introduce limits to its recreational fishery in those areas. In order to protect the spawning grounds and limit juvenile catches, no specimen of pollack may be caught and retained from 1 January to 30 April in recreational fisheries, while the maximum of two specimens could be allowed for the remaining part of the year.

(17)

In May 2022, ICES noted that despite Member States’ efforts for the recovery of European eel (Anguilla anguilla), no overall progress had been made in achieving the 40 % silver eel biomass escapement objective across the entire Union, as required by Article 2(4) of Council Regulation (EC) No 1100/2007 (8), and that no clear patterns for mortality were observed. In November 2023, ICES advised once again that, when the precautionary approach is applied, there should be zero catches of European eel (Anguilla anguilla) in all habitats and at all life stages, throughout its natural range, which includes the north-east Atlantic and the Mediterranean. This concerns both recreational and commercial catches and includes catches of glass eels for restocking and aquaculture.

(18)

Council Regulation (EU) 2023/194 (9) extended to six months the closure period for any commercial eel fishing activity in Union marine and brackish waters of the north-east Atlantic and of the Mediterranean Sea, and for Union fishing vessels in all marine waters of the Mediterranean. It also prohibited all recreational eel fisheries in those waters. It was considered that a six-month closure period would better protect the stock than the Union and national measures implemented until 2022. It was also considered that the extended closure period would allow continuing restocking measures, would contribute to the recovery of the eel stock and would further the achievement of the escapement objective of at least 40 % of silver eels set out in Article 2(4) of Regulation (EC) No 1100/2007. Given the continued critical state of the European eel, it is appropriate to maintain those measures in 2024.

(19)

The eel migration period is influenced by a broad range of environmental and biological factors and can therefore vary depending on the life stage of eel, the habitat and the geographical area, notably straits. It may therefore be appropriate to set different closure periods, notably for different fishing areas of a Member State and for different types of fisheries within those fishing areas, in order to take account of those elements as well as of the temporal and geographical migration patterns of eel at the glass eel and silver eel life stages, respectively. The Member States concerned should determine the relevant closure period or periods based on those elements.

(20)

In Union marine and brackish waters of the north-east Atlantic, the closure period or periods should cover the main migration period or periods of glass eel and silver eel, respectively, with an exception for fishing operations conducted, with or without a fishing vessel, for the exclusive purpose of scientific investigations and carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Council (10). Considering the potentially severe socio-economic implications of a full closure of fisheries targeting glass eel and silver eel during their main migration period or periods, Member States may allow eel fishing for 30 days during those periods. To ensure the effective protection of silver eel migrating from the Baltic Sea into the North Sea, the coastal Member States of ICES subarea 3, that is Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden, should agree on effective closure periods for silver eel. In case the Member States concerned cannot agree by 1 March 2024, the closure period for silver eel in the Baltic Sea and Skagerrak-Kattegat should be 15 September 2024 to 15 March 2025.

(21)

Pursuant to Regulation (EC) No 1100/2007, restocking of glass eel is a conservation measure chosen by certain Member States in their eel management plans. In order to enable those Member States to continue implementing that measure, glass eel catches in Union marine and brackish waters of the north-east Atlantic at the appropriate time of the year and possibly during their main migration period or periods may be required. Therefore, Member States may allow continued glass eel fishing exclusively for restocking for an additional 50 days during the main migration period or periods of glass eel.

(22)

In its advice for certain stocks of elasmobranchs (skates, sharks, rays), ICES recommends zero catches, due to their poor conservation status. In addition, such elasmobranchs have high survival rates when discarded. Consequently, catches of those stocks should be discarded rather than landed, as discarding is not considered to raise significantly their fishing mortality and would even support the conservation of those stocks. Therefore, fishing of such species should be prohibited, as under Article 15(4), point (a), of Regulation (EU) No 1380/2013, the landing obligation does not apply to species for which fishing is prohibited. When accidentally caught, those species should not be harmed and should be promptly released.

(23)

For certain species, such as certain species of sharks, even limited fishing activity could give rise to a serious conservation risk. Fishing opportunities for such species should therefore be fully restricted through a general prohibition of fishing those species.

(24)

At the 12th Conference of the Parties of the Convention on the Conservation of Migratory Species of Wild Animals (Manila, 23–28 October 2017), a number of species were added to the lists of protected species in Appendices I and II to that Convention. Therefore, it is appropriate to provide for the protection of those species with respect to Union fishing vessels operating in all waters and third country fishing vessels operating in Union waters.

(25)

In order to maximise the use of fishing opportunities, it is appropriate to allow for the implementation of a flexible arrangement between certain TAC areas where the same biological stock is concerned.

(26)

Articles 3 and 4 of Council Regulation (EC) No 847/96 (11) provide for year-to-year flexibility for quotas for stocks subject to both precautionary and analytical TACs. Under Article 2 of that Regulation, when fixing TACs, the Council is to decide to which stocks Articles 3 and 4 of that Regulation are not to apply, in particular on the basis of their biological status. Moreover, Article 15(9) of Regulation (EU) No 1380/2013 provides for further year-to-year flexibility for all stocks that are subject to the landing obligation. In order to avoid excessive flexibility that would undermine the achievement of the objectives of the CFP, year-to-year flexibility for quotas pursuant to Articles 3 and 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013 should not apply cumulatively. Finally, year-to-year flexibility under Article 15(9) of Regulation (EU) No 1380/2013 should, where relevant, be excluded on the basis of the biological status of stocks.

(27)

Where a TAC is allocated to one Member State only, it may be appropriate to empower that Member State to fix that TAC, in accordance with Article 2(1) of the Treaty on the Functioning of the European Union (TFEU). Such empowerment is appropriate, provided that, when determining the TAC level, the Member State complies with the principles and rules of the CFP. In order to ensure the correct application by those Member States of the principles and rules of the CFP, the Commission evaluates information submitted by the Member State to it regarding the determination of that TAC level and the data used as a basis for that determination.

(28)

It is necessary to establish the fishing effort limitations for sole in the Western Channel (ICES division 7e) in accordance with Article 12 of the Western Waters MAP.

(29)

It is necessary to establish the fishing effort ceilings for 2024 in accordance with Articles 6, 11, 13 and 16 of Regulation (EU) 2023/2053 of the European Parliament and of the Council (12).

(30)

The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (13), and in particular to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort, and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending the Commission data on landings of stocks subject to this Regulation.

(31)

At its 2023 annual meeting, the North-East Atlantic Fisheries Commission (NEAFC) confirmed for 2024 the conservation measures for the two redfish (Sebastes mentella) stocks (shallow pelagic and deep pelagic) in the Irminger Sea and adjacent waters, prohibiting directed fisheries of those stocks and prohibiting refuelling and any support activities. In addition, in order to minimise by-catches, the NEAFC prohibited fishing activities in the area where redfish aggregates. Those measures should be implemented in Union law.

(32)

The NEAFC did not adopt a recommendation for Greenland halibut (Reinhardtius hippoglossoides) in ICES subareas 1 and 2 for 2024. The Union quota for Greenland halibut in international waters of ICES subareas 1 and 2 for 2024 should be set at the level of 1 711 tonnes. The level of the Union quota corresponds to 9,25 % of the level of the last best available scientific advice from ICES for Greenland halibut in ICES subareas 1 and 2, namely the advice for that stock published by ICES in 2021 which advised a maximum level of catches of 18 494 tonnes for both 2022 and 2023.

(33)

The NEAFC adopted a catch limit for redfish (Sebastes mentella) in international waters of ICES subareas 1 and 2 for 2024. However, pending conclusion of the Union’s examination of whether to object to that NEAFC recommendation, in particular in relation to the Union’s historic fishing rights, it is appropriate that currently the Union quota for redfish (Sebastes spp.) in international waters of ICES subareas 1 and 2 is marked as ‘to be established’. It is also appropriate that the Union establish in the first half of 2024, through an in-year amendment, that Union quota, also taking into account that the fishery is limited to the period from 1 July to 31 December 2024.

(34)

Mackerel (Scomber scombrus), blue whiting (Micromesistius poutassou) and Atlanto-Scandian herring (Clupea harengus) in the north-east Atlantic are subject to coastal States consultations on the fisheries management for those stocks, and are stocks that are also managed by the NEAFC. The Union participated in those consultations on the basis of the positions endorsed by the Council on 5 October 2023. The outcome of those consultations was documented in Agreed Records for Atlanto-Scandian herring in the north-east Atlantic for 2024 signed on 13 October 2023, for blue whiting in the north-east Atlantic for 2024 signed on 18 October 2023, and for mackerel in the north-east Atlantic for 2024 also signed on 18 October 2023. At its 42nd annual meeting in 2023, the NEAFC adopted recommendations on conservation and management measures for Atlanto-Scandian herring and mackerel for 2024. The NEAFC did not adopt a recommendation on conservation and management measures for blue whiting for 2024. It is therefore appropriate to set the TACs for Atlanto-Scandian herring and mackerel in the north-east Atlantic at the level of fishing opportunities agreed in the respective coastal States Agreed Records and NEAFC recommendations. It is also appropriate to set the TAC for blue whiting in the north-east Atlantic at the level of the fishing opportunities set out in the coastal States Agreed Record for blue whiting and in line with the Union position expressed in the NEAFC.

(35)

Since 2021, the Union does not have access to fishing of its mackerel quota in Norwegian waters of the North Sea (MAC/2A4A-N). In order for the Union to use that quota, it is appropriate to allocate new fishing opportunities to a TAC (MAC/2A34-N) covering the geographical scope of the North Sea (MAC/2A34) and Norwegian Waters (MAC/2A4A-N) with a new relative stability key. Part of the fishing opportunities allocated to the MAC/2A34-N should be transferred by Denmark to the holders of quotas in the Western Waters TAC (MAC/2ACX14-) based on the existing relative stability key for that TAC.

(36)

At its 2023 annual meeting, the International Commission for the Conservation of Atlantic Tunas (ICCAT) agreed to maintain for 2024 the TACs set for 2023 for Eastern Atlantic bluefin tuna (Thunnus thynnus), Mediterranean albacore and South albacore (Thunnus alalunga), Mediterranean, and North and South Atlantic swordfish (Xiphias gladius), blue marlin (Makaira nigricans), white marlin (Tetrapturus albidus), yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus), as well as the retention allowance for South Atlantic shortfin mako (Isurus oxyrinchus). The ICCAT also set for 2024 TACs for North Atlantic albacore of 47 251 tonnes, for North and South Atlantic blue shark (Prionace glauca) of 30 000 and 27 711 tonnes, respectively. Those measures should be implemented in Union law.

(37)

In order to reduce the fishing mortality of juvenile bigeye and yellowfin tuna, the ICCAT also agreed to maintain a maximum limit of 300 fish aggregating devices (FADs) per fishing vessel in 2024 and a seventy-two-day closure period for the use of FADs.

(38)

Under several ICCAT recommendations, the Union may, upon request, carry over a percentage of its unused quota of ICCAT stocks from the penultimate or the preceding year to a given year, according to the rules for each stock as laid down by the ICCAT. In order for Member States to make use of such carry-overs, the corresponding quantities provided for in those recommendations should be implemented in Union law on the basis of a Commission proposal as soon as possible, so that the Member States can use the Union quotas for ICCAT stocks in their totality as provided by the ICCAT for 2024. Pending the implementation of those recommendations in Union law, quotas for individual Member States for certain stocks should be established on the basis of a total Union quota for 2024 as agreed by the ICCAT before any adjustments due to overfishing or underfishing by Member States.

(39)

At its 2023 annual meeting, the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted catch limits for target and by-catch species for the period from 1 December 2023 to 30 November 2024. Those measures should be implemented in Union law.

(40)

At its 2023 annual meeting, the Indian Ocean Tuna Commission (IOTC) maintained the limitation of fishing capacity, of FADs and of supply vessels and the catch limit for yellowfin tuna in the IOTC Area of Competence. The IOTC also adopted Resolution 23/04 establishing for the first time a catch limit for bigeye tuna (Thunnus obesus) for 2024 and 2025 in the IOTC Area of Competence. Those measures should be implemented in Union law.

(41)

The annual meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) will be held from 29 January to 2 February 2024. The current measures in the SPRFMO Convention area that are functionally linked to the TACs should therefore be provisionally maintained until the annual meeting is held and the TACs for 2024 are determined.

(42)

At its 2023 annual meeting, the Inter-American Tropical Tuna Commission (IATTC) decided to maintain the current measures applicable in the IATTC Convention area. Those measures should be implemented in Union law.

(43)

At its 2023 annual meeting, the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) adopted the TAC for Southern bluefin tuna (Thunnus maccoyii) for a three-year period from 2024 to 2026. That measure should be implemented in Union law.

(44)

At its 2023 annual meeting, the South East Atlantic Fisheries Organisation (SEAFO) decided to maintain for 2024 the TACs in the SEAFO Convention area set for 2023.

(45)

The 2023 annual meeting of the Western and Central Pacific Fisheries Commission (WCPFC) was held from 4 to 8 December 2023. Pending availability of the outcome of that meeting, current measures in the WCPFC Convention area that are functionally linked to the TACs and the maximum numbers of fishing vessels should be provisionally maintained until those measures for 2024 become available.

(46)

At its 45th annual meeting in 2023, the Northwest Atlantic Fisheries Organisation (NAFO) adopted fishing opportunities for certain stocks in the NAFO Convention area for 2024. It also adopted certain measures for 2024 that are functionally linked to the fishing opportunities of shortfin squid (Illex illecebrosus) in NAFO subareas 3 and 4 and yellowtail flounder (Limanda ferruginea) in NAFO divisions 3LNO, aiming at minimising the levels of by-catches of non-target species and without which the fishing opportunities for those stocks would have to be reduced to protect the non-target species. Those measures should be implemented in Union law.

(47)

At its 10th annual meeting in 2023, the Southern Indian Ocean Fisheries Agreement (SIOFA) maintained the previously adopted fishing opportunities for the stocks covered by that Agreement. It also adopted a by-catch limit for Portuguese dogfish (Centroscymnus coelolepis) and amended the boundaries of the Del Cano and Williams Ridge toothfishes (Dissostichus spp.) management areas, while extending observer and tagging requirements for toothfishes in the rest of the Agreement Area. Those measures should be implemented in Union law.

(48)

Under Article 498(2) 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 (14) (the Trade and Cooperation Agreement), the Union and the United Kingdom are to hold annual consultations to agree, by 10 December of each year, the TACs for the following year for the stocks listed in Annex 35 to the Trade and Cooperation Agreement. If such TACs are not agreed on by 10 December, the Parties are to immediately resume consultations with the continued aim of agreeing on the TACs, as required by Article 499(1) of the Trade and Cooperation Agreement.

(49)

In 2023, the Union and the United Kingdom held bilateral consultations on the setting of a large number of TACs for 2024 for stocks listed in Annex 35 to the Trade and Cooperation Agreement. Those consultations were conducted pursuant to Article 498(2), (4) and (6) of the Trade and Cooperation Agreement. The Union participated in those consultations on the basis of specifications to the Union position endorsed by the Council on 12 October 2023 and subsequent supplementary non-papers, pursuant to Article 2 of Council Decision (EU) 2021/1875 (15). The outcome of those consultations was documented in a Written Record signed on 6 December 2023 and supplemented by an addendum on 8 December 2023. The relevant fishing opportunities should therefore be fixed at the level set out in that Written Record. The other measures functionally linked to the fishing opportunities also set out in that Written Record should be implemented in Union law.

(50)

TACs for deep-sea stocks listed in Annex 35 to the Trade and Cooperation Agreement for 2024 were included in Regulation (EU) 2023/194 but marked as ‘to be established’. Regulation (EU) 2023/194 should therefore be amended and the fishing opportunities for those stocks be fixed at the level set out in the Written Record of fisheries consultations between the Union and the United Kingdom for 2024.

(51)

The Union and the United Kingdom agreed that a maximum size of 100 cm should be respected when targeting spurdog (Squalus acanthias), to deter directed fisheries targeting aggregations of mature females in order to protect a component of this stock that is particularly vulnerable to fishing mortality. Such a measure is functionally linked to the TAC for the stock, as without such measure the TAC level alone would not ensure sufficient protection of pupping females, which constitute a particularly vulnerable part of the population. That measure concerning the maximum size should apply only until a delegated act introducing corresponding measures becomes applicable.

(52)

The Union and the United Kingdom agreed on a reciprocal access in 2024 to target an initial total of 280 tonnes of northern albacore in the exclusive economic zones of the Member States and the United Kingdom. This excludes access to areas covered under Article 5(3) of Regulation (EU) No 1380/2013.

(53)

The measures to reduce bycatches of gadoids recently adopted in a delegated act are functionally linked to the TACs of species caught in mixed fisheries together with gadoids, such as haddock, megrims, anglerfish and Norway lobster, as, without those measures in place, TAC levels of target species should be reduced to ensure that gadoid stocks are able to recover.

(54)

The measures to improve the conservation status of red seabream, to reduce the level of unwanted catches and to protect better spawning grounds and juveniles in ICES subareas 6 to 8 recently adopted in a delegated act are functionally linked to the red seabream TAC, as without them the TAC level should be further reduced to ensure the recovery of the stock.

(55)

The functionally-linked technical measures for gadoids and for red seabream should apply only until the relevant delegated acts introducing corresponding measures become applicable.

(56)

Seasonal closures for sandeel fisheries with certain towed gear in ICES divisions 2a, 3a and ICES subarea 4 should continue to allow for the protection of spawning grounds and limitation of juvenile catches.

(57)

In 2023, the Union, the United Kingdom and Norway held trilateral consultations on six shared and jointly managed stocks occurring within the areas under the jurisdiction of the three parties, with the aim to agree on the management of those stocks including the fishing opportunities for 2024. Those consultations were conducted between 3 November and 8 December 2023, on the basis of the Union position endorsed by the Council on 12 October 2023 and subsequent supplementary non-papers. The outcome of the consultations was documented in an Agreed Record, signed by the Head of Delegations on 8 December 2023. The relevant fishing opportunities should be set at the level agreed with the United Kingdom and Norway, together with the other provisions of that Agreed Record.

(58)

The Union held bilateral consultations with Norway on one shared and jointly managed stock in the Skagerrak area (whiting), with the aim to agree on the management of this stock and fishing opportunities for 2024, as well as exchange of quotas and access arrangements. Those consultations were conducted between 30 October and 8 December 2023, on the basis of the Union position endorsed by the Council on 12 October 2023. The outcome of the consultations was documented in Agreed Records. The relevant fishing opportunities should be set at the level agreed with Norway, together with the other provisions of that Agreed Records.

(59)

The Union in 2023 jointly agreed with the United Kingdom and Norway to maintain remedial measures with regard to Northern Shelf cod (Gadus morhua) in order to support the long-term sustainable management of that stock, in accordance with Article 13 of the North Sea MAP.

(60)

In accordance with the procedure provided for in the Sustainable Fisheries Partnership Agreement between the European Union, of the one part, and the Government of Greenland and the Government of Denmark, of the other part, and the Protocol implementing that Agreement (16), the Joint Committee established the level of fishing opportunities available for the Union in Greenland waters in 2024. The level of fishing opportunities available for the Union in Greenland waters in 2024 was documented in the minutes of the Joint Committee meeting held from 21 to 23 November 2023 in Brussels. The relevant fishing opportunities should therefore be fixed at the level set out in those minutes, and taking into account the transfers to Norway under the annual exchange of fishing opportunities. The level of the fishing opportunities established for shrimp (Pandalus borealis) in Greenland waters of ICES subareas 5 and 14 does not include a reserve of 150 tonnes to be considered as set out in the Agreed Record of the fisheries consultations between the Union and Norway for 2024.

(61)

The Treaty of 9 February 1920 relating to Spitsbergen (Svalbard) (1920 Treaty of Paris) grants equal and non-discriminatory access to resources around Svalbard for all parties to that Treaty, including with respect to fishing. The Union’s position concerning that access has been set out in several notes verbales to Norway, the latest of which dated 26 February 2021, 28 June 2021 and 1 August 2022. As regards the fishing opportunities for snow crab (Chionoecetes spp.) around the area of Svalbard, it is appropriate to fix the number of fishing vessels that are authorised to conduct such fishery in order to ensure that the exploitation of snow crab around Svalbard is made consistent with such non-discriminatory management rules as may be set out by Norway, which enjoys sovereignty and jurisdiction in the area in accordance with the relevant provisions of the United Nations Convention on the Law of the Sea and the 1920 Treaty of Paris. The allocation of such fishing opportunities among Member States is limited to 2024. It is recalled that, in the Union, the primary responsibility for ensuring compliance with applicable law lies with the flag Member States.

(62)

As regards the fishing opportunities for cod in the north-east Arctic, it is appropriate to set the Union quota for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b based on the reference TAC for that stock and the Union’s historic fishing rights. That Union quota should be allocated to the Member States in accordance with Council Decision 87/277/EEC (17), subject to the adaptations necessary due to the withdrawal of the United Kingdom from the Union as set out in Annex 36, table E, to the Trade and Cooperation Agreement.

(63)

In accordance with the Union’s Declaration addressed to the Bolivarian Republic of Venezuela on the granting of fishing opportunities in Union waters to fishing vessels flying the flag of Venezuela in the exclusive economic zone off the coast of French Guiana, approved on behalf of the Union by means of Council Decision (EU) 2015/1565 (18), it is necessary to fix the maximum number of fishing authorisations for snapper available to Venezuela in Union waters.

(64)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to authorise individual Member States to manage fishing effort allocations in accordance with a kilowatt per day system, to grant additional days at sea for the permanent cessation of fishing activities and for enhanced scientific observer coverage and to establish spreadsheet formats for the collection and transmission of information on transfers of days at sea between fishing vessels flying the flag of a Member State. The Commission should exercise those powers in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (19).

(65)

Given that certain provisions should be applied on a continuous basis, and in order to avoid legal uncertainty in the period between the end of the previous year and the date of entry into force of the Regulation fixing the fishing opportunities for the subsequent year, the provisions of this Regulation concerning prohibitions and closed seasons should continue to apply at the beginning of 2025 until the entry into force of the Regulation fixing the fishing opportunities for 2025. For the same reasons, provisions applying from 1 January 2024 to 31 December 2025 or 31 December 2026 should continue to apply at the beginning of 2026 or 2027 until the entry into force of the Regulation fixing the fishing opportunities for 2026 or 2027, respectively.

(66)

In order to avoid the interruption of fishing activities and to ensure the livelihood of fishers, this Regulation should apply from 1 January 2024. However, provisions on fishing effort limits should apply from 1 February 2024. In addition, provisions on commercial fishing activities for European eel in Union marine and brackish waters of ICES subareas 3, 4, 6, 7, 8 and 9, and in adjacent Union brackish waters should apply from 1 April 2024, in order to avoid overlapping provisions with Regulation (EU) 2023/194 on the same subject matter. For reasons of urgency, this Regulation should enter into force on the day of its publication.

(67)

This Regulation should apply to the newly allocated fishing opportunities for mackerel in ICES division 3a, in the United Kingdom and in Union waters of divisions 2a, 3b, 3c, in division 3d and ICES subarea 4 as well as in Norwegian waters of divisions 2a and 4a (in MAC/2A34-N) from 1 January 2023 in order to allow the Union to access fully its mackerel quota. Such retroactive application does not therefore affect the principles of legal certainty or protection of legitimate expectations.

(68)

Certain international measures that create or restrict fishing opportunities for the Union were adopted by the relevant regional fisheries management organisations (RFMOs) at the end of 2023 and became applicable before the entry into force of this Regulation. The provisions of this Regulation that implement such measures in Union law should therefore apply retroactively. In particular, as the fishing season in the CCAMLR Convention area runs from 1 December to 30 November, and as certain fishing opportunities or prohibitions in the CCAMLR Convention area are laid down for a period starting from 1 December 2023, the relevant provisions of this Regulation should apply from that date. In addition, the fishing season for toothfishes in the SIOFA Agreement Area runs from 1 December to 30 November, and as the TACs for that group of species are established for a period starting from 1 December 2023, the TACs should apply from that date. Such retroactive application does not prejudice the principle of legitimate expectation as it is forbidden for fishing vessels flying the flag of the Contracting Party to fish in the CCAMLR Convention area and the SIOFA Agreement Area without authorisation.

(69)

In accordance with ICCAT rules, Member States should ensure that their fishing vessels do not deploy FADs during the 15 days before the start of the closure period, that is, from 17 December 2023 onwards. The provision of this Regulation that implements that measure in Union law should therefore apply retroactively,

HAS ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter

1.   This Regulation fixes fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters.

2.   The fishing opportunities referred to in paragraph 1 include:

(a)

catch limits for the year 2024 and, where specified in this Regulation, also for the years 2025 and 2026;

(b)

fishing effort limits for the year 2024, except the fishing effort limits set out in Annex II, which are to apply from 1 February 2024 to 31 January 2025;

(c)

fishing opportunities for the period from 1 December 2023 to 30 November 2024 for certain stocks in the CCAMLR Convention area and for certain stocks in the SIOFA Agreement Area.

Article 2

Scope

1.   This Regulation applies to the following fishing vessels:

(a)

Union fishing vessels; and

(b)

third country fishing vessels in Union waters.

2.   This Regulation also applies to:

(a)

certain recreational fisheries expressly referred to in the relevant provisions of this Regulation; and

(b)

commercial fisheries from shore.

Article 3

Definitions

For the purposes of this Regulation, the definitions in Article 4 of Regulation (EU) No 1380/2013 shall apply. In addition, the following definitions shall apply:

(a)

‘third country fishing vessel’ means a fishing vessel flying the flag of, and registered in, a third country;

(b)

‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources in the context of recreation, tourism or sport;

(c)

‘international waters’ means waters outside the sovereignty or jurisdiction of any State;

(d)

‘total allowable catch’ (TAC) means:

(i)

in fisheries subject to the exemption from the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that may be landed from each stock each year;

(ii)

in all other fisheries, the quantity of fish that may be caught from each stock each year;

(e)

‘quota’ means a proportion of a TAC that is allocated to the Union, a Member State or a third country;

(f)

‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock’s biology and exploitation, including based on proxies, which scientific review has indicated to be of sufficient quality to provide scientific advice;

(g)

‘analytical TAC’ means a TAC for which an analytical assessment is available;

(h)

‘precautionary TAC’ means a TAC for which an analytical assessment is not available but rather an assessment based on the precautionary approach is available or no assessment is available;

(i)

‘mesh size’ means the mesh size of fishing nets as defined in Article 6, point (34), of Regulation (EU) 2019/1241;

(j)

‘Union fishing fleet register’ means the register set up by the Commission pursuant to Article 24(3) of Regulation (EU) No 1380/2013;

(k)

‘fishing logbook’ means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009;

(l)

‘instrumented buoy’ means a buoy clearly marked with a unique reference number allowing identification of its owner and equipped with a satellite tracking system to monitor its position;

(m)

‘operational buoy’ means any instrumented buoy, previously activated, switched on and deployed at sea on a drifting fish aggregating device (FAD) or log, which transmits positions and other available information such as echo-sounder estimates.

Article 4

Fishing zones

For the purposes of this Regulation, the following fishing zone definitions apply:

(a)

‘ICES (International Council for the Exploration of the Sea) zones’ means the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council (20);

(b)

‘Skagerrak’ means the geographical area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from that point to the nearest point on the Swedish coast;

(c)

‘Kattegat’ means the geographical area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from that point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;

(d)

‘functional unit 16 of ICES subarea 7’ means the geographical area bounded by rhumb lines sequentially joining the following positions:

 

53°30'N 15°00'W,

 

53°30'N 11°00'W,

 

51°30'N 11°00'W,

 

51°30'N 13°00'W,

 

51°00'N 13°00'W,

 

51°00'N 15°00'W;

(e)

‘functional unit 25 of ICES division 8c’ means the geographical sea area bounded by rhumb lines sequentially joining the following positions:

 

43°00'N 9°00'W,

 

43°00'N 10°00'W,

 

43°30'N 10°00'W,

 

43°30'N 9°00'W,

 

44°00'N 9°00'W,

 

44°00'N 8°00'W,

 

43°30'N 8°00'W;

(f)

‘functional unit 26 of ICES division 9a’ means the geographical area bounded by rhumb lines sequentially joining the following positions:

 

43°00'N 8°00'W,

 

43°00'N 10°00'W,

 

42°00'N 10°00'W,

 

42 00'N 8°00'W;

(g)

‘functional unit 27 of ICES division 9a’ means the geographical area bounded by rhumb lines sequentially joining the following positions:

 

42°00'N 8°00'W,

 

42°00'N 10°00'W,

 

38°30'N 10°00'W,

 

38°30'N 9°00'W,

 

40°00'N 9°00'W,

 

40°00'N 8°00'W;

(h)

‘functional unit 30 of ICES division 9a’ means the geographical area under the jurisdiction of Spain in the Gulf of Cádiz and in the adjacent waters of ICES division 9a;

(i)

‘functional unit 31 of ICES division 8c’ means the geographical sea area bounded by rhumb lines sequentially joining the following positions:

 

43°30'N 6°00'W,

 

44°00'N 6°00'W,

 

44°00'N 2°00'W,

 

43°30'N 2°00'W;

(j)

‘Gulf of Cádiz’ means the geographical area of ICES division 9a east of longitude 7° 23' 48″ W;

(k)

‘CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention area’ means the geographical area defined in the Convention on the conservation of Antarctic marine living resources (21);

(l)

‘CECAF (Committee for Eastern Central Atlantic Fisheries) areas’ means the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council (22);

(m)

‘IATTC (Inter-American Tropical Tuna Commission) Convention area’ means the geographical area defined in the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention) (23);

(n)

‘ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention area’ means the geographical area defined in the International Convention for the Conservation of Atlantic Tunas (24);

(o)

‘IOTC (Indian Ocean Tuna Commission) Area of Competence’ means the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission (25);

(p)

‘NAFO (Northwest Atlantic Fisheries Organisation) areas’ means the geographical areas specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament and of the Council (26);

(q)

‘the NAFO Convention Area’ means the geographical areas defined in the Convention on Cooperation in the Northwest Atlantic Fisheries (27);

(r)

‘the NAFO Regulatory Area’ means the part of the NAFO Convention Area which is beyond national jurisdiction;

(s)

‘SEAFO (South East Atlantic Fisheries Organisation) Convention area’ means the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (28);

(t)

‘SIOFA (Southern Indian Ocean Fisheries Agreement) Agreement Area’ means the geographical area defined in the Southern Indian Ocean Fisheries Agreement (29);

(u)

‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention area’ means the geographical area defined in the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (30);

(v)

‘WCPFC (Western and Central Pacific Fisheries Commission) Convention area’ means the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (31);

(w)

‘high seas of the Bering Sea’ means the geographical area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial seas of the coastal States of the Bering Sea is measured;

(x)

‘overlap area between IATTC and WCPFC Convention areas’ means the geographical area defined by the following limits:

 

longitude 150° W,

 

longitude 130° W,

 

latitude 4° S,

 

latitude 50° S;

(y)

‘GFCM geographical subareas’ means the areas defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (32).

TITLE II

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS

Chapter I

General provisions

Article 5

TACs and allocations

1.   The TACs for Union fishing vessels in Union waters and certain non-Union waters, their allocation among Member States and, where appropriate, the conditions functionally linked thereto are set out in Annex I.

2.   Union fishing vessels may be authorised by the coastal State concerned to fish in waters under the fisheries jurisdiction of the Faroe Islands, Greenland, Norway and in the fishing zone around Jan Mayen subject to the TACs set out in Annex I to this Regulation and subject to the conditions provided for in Article 22 of this Regulation, Part A of Annex V to this Regulation and in Regulation (EU) 2017/2403 of the European Parliament and of the Council (33) and delegated acts adopted by the Commission on the basis of that Regulation.

3.   Union fishing vessels may be authorised by the United Kingdom to fish in waters under its fisheries jurisdiction subject to the TACs in Annex I to this Regulation, the conditions provided for in Article 22 of this Regulation and in Regulation (EU) 2017/2403 and delegated acts adopted by the Commission on the basis of that Regulation.

Article 6

TACs to be determined by Member States

1.   The TACs set out in Annex I to this Regulation shall, where specified in that Annex, be determined by the Member State concerned.

2.   The TACs to be determined by a Member State referred to in paragraph 1 shall:

(a)

be consistent with the principles and rules of the CFP, in particular the principle of sustainable exploitation of the stock; and

(b)

result in an exploitation of the stock that is:

(i)

if an analytical assessment is available, in line with MSY, with as high a probability as possible; or

(ii)

if an analytical assessment is unavailable or incomplete, consistent with the precautionary approach to fisheries management.

3.   By 15 March 2024, each Member State concerned shall submit the following information to the Commission:

(a)

the TACs that it has determined;

(b)

the data that it has collected, assessed and used as a basis for the determination of the TACs;

(c)

details as to how the determined TACs comply with paragraph 2.

Article 7

Conditions for landing catches and by-catches

1.   Catches that are not subject to the landing obligation under Article 15 of Regulation (EU) No 1380/2013 shall be retained on board or landed only if they:

(a)

have been taken by fishing vessels flying the flag of a Member State that has a quota and that quota has not been exhausted; or

(b)

make up a share of a Union quota that has not been allocated among Member States and that has not been exhausted.

2.   For the purposes of the derogation from the obligation to count catches against the relevant quotas, as provided for in Article 15(8) of Regulation (EU) No 1380/2013, the stocks of non-target species within safe biological limits referred to in that Article are identified in Annex I to this Regulation.

Article 8

Quota exchange mechanism for TACs for unavoidable by-catches

1.   In order to take account of the landing obligation and to make quotas for certain by-catches available to Member States without a quota, the quota exchange mechanism set out in paragraphs 2 to 5 shall apply to the TACs identified in Annex IA.

2.   6 % of each quota from the TACs for cod (Gadus morhua) in the Celtic Sea (COD/7XAD34), cod in the West of Scotland (COD/5BE6A), whiting in the Irish Sea (WHG/07A.) and plaice in ICES divisions 7h, 7j and 7k (PLE/7HJK.), and 3 % of each quota from the TAC for whiting in the West of Scotland (WHG/56-14), allocated to each Member State, shall be made available for a pool for quota exchanges (‘the pool’), which shall open on 1 January 2024. Member States without a quota shall have exclusive access to the pool until 31 March 2024.

3.   The quantities drawn from the pool may not be exchanged or transferred to the following year. After 31 March 2024, any unused quantities shall be returned to the Member States that initially contributed to the pool.

4.   Member States without a quota shall provide in return quotas for stocks listed in Annex IA, Part C, unless the Member State without a quota and the Member State contributing to the pool agree otherwise.

5.   The quotas referred to in paragraph 4 shall be of equivalent commercial value, determined on the basis of a market exchange rate or other mutually acceptable exchange rates. In the absence of alternatives, the equivalent commercial value shall be determined on the basis of average Union prices from the previous year, as provided by the European Market Observatory for Fisheries and Aquaculture Products.

6.   Where the quota exchange mechanism set out in paragraphs 2 to 5 does not allow Member States to cover their unavoidable by-catches to a similar extent, Member States shall endeavour to agree on quota exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013, ensuring that quotas exchanged are of equivalent commercial value.

Article 9

Fishing effort limits in ICES division 7e

1.   For the period referred to in Article 1(2), point (b), fishing effort limitations for sole in ICES division 7e are set out in Annex II.

2.   At the request of a Member State in accordance with point 7.4 of Annex II, the Commission may adopt an implementing act by which it allocates to that Member State a number of days at sea in addition to those referred to in point 5 of Annex II, on which it may authorise a fishing vessel under its flag to be present in ICES division 7e when carrying on board any regulated gear. The Commission shall adopt that implementing act in accordance with the examination procedure referred to in Article 57(2).

3.   At the request of a Member State, the Commission may adopt an implementing act by which it allocates to that Member State a maximum of three days between 1 February 2024 and 31 January 2025, in addition to those referred to in point 5 of Annex II, on which a fishing vessel may be present in ICES division 7e on the basis of an enhanced programme of scientific observer coverage, as referred to in point 8.1 of Annex II. It shall make such an allocation on the basis of the description submitted by that Member State in accordance with point 8.3 of Annex II and following consultation with the STECF. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 57(2).

Article 10

Measures on European seabass fisheries in ICES divisions 4b, 4c and 6a and ICES subarea 7

1.   It shall be prohibited for Union fishing vessels, as well as for any commercial fisheries from shore, to fish for European seabass (Dicentrarchus labrax) in ICES divisions 4b and 4c and in ICES subarea 7 or to retain on board, tranship, relocate or land European seabass caught in that area.

2.   The prohibition set out in paragraph 1 shall not apply to by-catches of seabass in shore-based commercial netting activities. This exemption applies to historic numbers of beach nets set at pre-2017 levels. Shore-based commercial netting activities shall not target seabass and only unavoidable by-catches of seabass may be landed.

3.   By way of derogation from paragraph 1, in January 2024 and from 1 April to 31 December 2024, Union fishing vessels in ICES divisions 4b, 4c, 7d, 7e, 7f and 7h may fish for, retain on board, tranship, relocate or land European seabass caught in that area with the following gear and within the following limits:

(a)

using demersal trawls (34), for unavoidable by-catches not exceeding 3,8 tonnes per fishing vessel and per year and 5 % of the weight of the total catches of marine organisms on board caught by the fishing vessel concerned per fishing trip;

(b)

using seines (35), for unavoidable by-catches not exceeding 3,8 tonnes per fishing vessel and per year and 5 % of the weight of the total catches of marine organisms on board caught by the fishing vessel concerned per fishing trip;

(c)

using hooks and lines (36), not exceeding 6,2 tonnes per fishing vessel;

(d)

using fixed gillnets (37), for unavoidable by-catches not exceeding 1,6 tonnes per fishing vessel.

The derogations set out in the first subparagraph, point (c), shall apply to Union fishing vessels that have recorded catches of European seabass using hooks and lines over the period from 1 July 2015 to 30 September 2016.

The derogations set out in the first subparagraph, point (d), shall apply to Union fishing vessels that have recorded catches of European seabass using fixed gillnets over the period from 1 July 2015 to 30 September 2016.

In the case of a replacement of a Union fishing vessel, Member States may allow the derogations to apply to another Union fishing vessel provided that the number of Union fishing vessels subject to each of the derogations and their overall fishing capacity do not increase.

4.   The catch limits set out in paragraph 3 shall not be transferable between fishing vessels.

5.   In recreational fisheries, including from shore in ICES divisions 4b, 4c, 6a and 7a to 7k:

(a)

from 1 February to 31 March 2024:

(i)

only catch-and-release fishing with a rod or a handline for European seabass shall be allowed;

(ii)

it shall be prohibited to retain, relocate, tranship or land European seabass caught in that area;

(b)

in January and from 1 April to 31 December 2024:

(i)

not more than two specimens of European seabass may be caught and retained per fisher per day;

(ii)

the minimum size of European seabass retained shall be 42 cm;

(iii)

fixed nets shall not be used to catch or retain European seabass.

6.   Paragraph 5 shall apply without prejudice to more stringent national measures on recreational fisheries.

Article 11

Measures on European seabass fisheries in ICES divisions 8a and 8b

1.   France and Spain shall, in accordance with Regulation (EU) 2019/472, ensure that commercial landings and recreational removals of the European seabass in ICES divisions 8a and 8b do not exceed 2 642 tonnes, which corresponds to the FMSY point value as reduced proportionally to take into account the decrease in the biomass, below MSY Btrigger.

2.   In recreational fisheries, including from shore, in ICES divisions 8a and 8b:

(a)

a maximum of one specimen of European seabass may be caught and retained per fisher per day;

(b)

fixed nets shall not be used to catch or retain European seabass.

3.   Paragraph 2 shall apply without prejudice to more stringent national measures on recreational fisheries.

Article 12

Measures on recreational fisheries for pollack in ICES subareas 8, 9, 10 and Union waters of CECAF 34.1.1

1.   In recreational fisheries, including from shores in ICES subareas 8, 9, 10 and Union waters of CECAF 34.1.1:

(a)

a maximum of two specimens of pollack (Pollachius pollachius) may be caught and retained per fisher per day. Once that ceiling has been reached, ‘catch and release’ fishing may be carried out;

(b)

no specimens of pollack are permitted to be caught and retained from 1 January to 30 April. ‘Catch and release’ fishing may nevertheless be carried out during that period.

2.   Paragraph 1 applies without prejudice to stricter national measures on recreational fishing.

Article 13

Measures on European eel fisheries in Union waters of ICES subareas 3, 4, 6, 7, 8 and 9

1.   This Article applies to Union marine and brackish waters of ICES subareas 3, 4, 6, 7, 8 and 9, and to adjacent Union brackish waters. Brackish waters include estuaries, coastal lagoons and transitional waters.

2.   This Article does not apply to commercial fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 and that the STECF has confirmed to the Commission and the Member States concerned that such scientific investigations are justified on scientific grounds. The same conditions shall apply by analogy to commercial fishing operations conducted for the exclusive purpose of scientific investigations without a fishing vessel.

3.   It shall be prohibited to engage in commercial fishing activities for European eel (Anguilla anguilla) at all life stages for a period of at least six months between 1 April 2024 and 31 March 2025. In addition, Members States and fishers shall undertake all reasonable efforts to minimise and where possible eliminate incidental by-catch of European eel. When accidentally caught, specimens of eel shall not be harmed and shall be promptly released. To that effect, the Member State concerned, either individually or jointly, shall determine one or more closure periods subject to the following:

(a)

where appropriate, the closure period or periods may differ between Member States or within one Member State from one fishing area to another in order to take account of the geographical and temporal migration pattern of eel at its different life stages;

(b)

the closure period or periods shall last for a consecutive or non-consecutive time span of at least six months, which shall apply to all fishers concerned in the relevant fishing area;

(c)

the closure period or periods shall be consistent with the conservation objectives set out in Regulation (EC) No 1100/2007, and with national management plans established pursuant to Article 2 of that Regulation; and

(d)

the closure period or periods shall cover the main migration period or periods, including the respective peak, of European eel at the respective life stage in the Member State concerned.

4.   By way of derogation from paragraph 3, point (d), for European eel of an overall length of 12 cm or more, the Member States concerned may allow fishing activities for up to a total of 30 consecutive or non-consecutive days, which shall apply to all fishers concerned in the relevant fishing area, during the main migration period. In that case, the Member States concerned shall determine an additional closure of an equivalent period of time during the main migration period or, subsidiarily, just before or after it. In case a Member State allows fishing for non-consecutive days, the fishing gear shall be taken out of the water between any period of non-consecutive days.

5.   For European eel of an overall length of 12 cm or more in ICES subarea 3, the closure period or periods referred to in paragraph 3 and the derogation thereof referred to in paragraph 4 shall be agreed by all the Member States concerned so as to ensure an effective protection of eel on its migration from the Baltic Sea into the North Sea. In the absence of such an agreement by 1 March 2024, the closure period shall be 15 September 2024 to 15 March 2025 in Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden, and without the possibility of the derogation referred to in paragraph 4.

6.   By way of further derogation from paragraph 3, point (d), for European eel of an overall length of less than 12 cm, the Member States concerned may allow fishing activities for up to a total of 30 consecutive or non-consecutive days, which shall apply to all fishers concerned in the relevant fishing area, during the main migration period. In addition, the Member States concerned may allow fishing exclusively for restocking for up to an additional 50 days during the main migration period. In both cases, the Member States concerned shall determine an additional closure of an equivalent period of time during the main migration period or, subsidiarily, just before or after it. In case a Member State allows fishing for non-consecutive days, the fishing gear shall be taken out of the water between any period of non-consecutive days.

7.   Recreational fisheries of European eel at all life stages shall be prohibited.

8.   The Member State concerned, either individually or jointly, shall inform the Commission:

(a)

by 1 March 2024, about the closure period or periods that it has determined in accordance with paragraphs 3 to 6 together with the supporting information justifying the chosen period or periods;

(b)

within 2 weeks after their adoption, of national measures relating to the closure period or periods that it has determined in accordance with paragraph 3 to 6.

Article 14

Special provisions on allocations of fishing opportunities

1.   The allocation of fishing opportunities among Member States set out in this Regulation shall be without prejudice to:

(a)

exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013;

(b)

deductions and reallocations pursuant to Article 37 of Regulation (EC) No 1224/2009;

(c)

reallocations pursuant to Articles 12 and 47 of Regulation (EU) 2017/2403;

(d)

additional landings allowed under Article 3 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013;

(e)

quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013;

(f)

deductions pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009;

(g)

quota transfers and exchanges pursuant to Articles 23 and 51 of this Regulation.

2.   Stocks subject to precautionary or analytical TACs for the purposes of the year-to-year management of TACs and quotas provided for in Regulation (EC) No 847/96 are identified in Annex I to this Regulation.

3.   Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to a precautionary TAC, and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC.

4.   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 15

Closed fishing seasons for sandeels

Commercial fishing for sandeels (Ammodytes spp.) with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited in ICES divisions 2a and 3a and in ICES subarea 4 from 1 January to 31 March 2024 and from 1 August to 31 December 2024.

Article 16

Remedial measures for cod in the North Sea

1.   The areas closed to fishing, except with pelagic gear (purse seines and trawls), and the periods during which the closures apply are set out in Annex IV.

2.   Fishing vessels fishing with bottom trawls and seines with minimum mesh size of at least 70 mm in ICES divisions 4a and 4b or at least 90 mm in ICES division 3a, and longlines (38) shall be prohibited from fishing in Union waters of ICES division 4a, north of latitude 58°30′00″N and south of latitude 61°30′00″N, and in Union waters of ICES divisions 3a.20 (Skagerrak), 4a and 4b, north of latitude 57°00′00″N and east of longitude 5°00′00″E.

3.   By way of derogation from paragraph 2, fishing vessels referred to in that paragraph may fish in the areas referred to in that paragraph provided that they fulfil at least one of the following criteria:

(a)

their cod catches do not account for more than 5 % of their total catches per fishing trip; fishing vessels whose cod catches did not exceed 5 % of their total catches in 2017–2019 are presumed to comply with this criterion provided that they continue to use the same gear that they used in that period; this presumption may be rebutted;

(b)

a regulated and highly selective bottom trawl or seine is used, resulting, according to a scientific study, in at least a 30 % reduction in cod catches compared to vessels fishing with the baseline mesh size for towed gears, as specified in Part B, point 1.1, of Annex V to Regulation (EU) 2019/1241; such studies may be evaluated by the STECF and in the case of a negative evaluation, the gears in question shall no longer be considered valid for use in the areas referred to in paragraph 2 of this Article;

(c)

for fishing vessels fishing with bottom trawls and seines with mesh sizes equal to or larger than 100 mm (TR1), the following highly selective gears are used:

(i)

belly trawls with a minimum belly mesh size of 600 mm;

(ii)

raised fishing line (0,6 m);

(iii)

horizontal separating panel with large mesh escape panel;

(d)

for fishing vessels fishing with bottom trawls and seines with mesh sizes equal to or larger than 70 mm in ICES division 4a and 90 mm in ICES division 3a, and less than 100 mm (TR2), the following highly selective gears are used:

(i)

horizontal sorting grid with maximum 50 mm bar spacing separating flatfish and roundfish, with an unblocked fish outlet for roundfish;

(ii)

seltra panel with 300 mm square-mesh size;

(iii)

sorting grid with maximum 35 mm bar spacing, with an unblocked fish outlet;

(e)

fishing vessels are subject to a national cod avoidance plan to sustain cod catches in line with the fishing mortality corresponding to the fishing opportunities fixed, based on scientific advice levels, through spatial or technical measures, or a combination thereof; such plans shall be assessed no later than two months following their implementation, by the STECF in the case of Member States or by the relevant national scientific body in the case of third countries, and, where deemed necessary, further revised if such assessments find that the objective of the national cod avoidance plan will not be met.

4.   Member States shall enhance the monitoring, control and surveillance of fishing vessels referred to in paragraph 2 in order to ensure compliance with the conditions laid down in paragraph 3.

5.   This Article shall not apply to fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with Article 25 of Regulation (EU) 2019/1241.

Article 17

Technical measures for the Celtic Sea, the Irish Sea and the West of Scotland

1.   The following shall apply to fishing vessels fishing with bottom trawls and seines in ICES divisions 7f, 7g, the part of 7h North of latitude 49° 30′ North and the part of 7j North of latitude 49° 30′ North and East of longitude 11° West:

(a)

fishing vessels fishing with bottom trawls or seines shall use gear with one of the following mesh sizes:

(i)

110 mm cod-end with 120 mm square-mesh panel;

(ii)

100 mm T90 cod-end;

(iii)

120 mm cod-end;

(iv)

100 mm with 160 mm square-mesh panel;

(b)

in addition, fishing vessels fishing with bottom trawls whose catches weighed before any discards consist of at least 20 % of haddock shall use a fishing gear that is constructed with a minimum of one meter spacing between the fishing line and ground gear.

Member States may exempt from the application of this point fishing vessels fishing with bottom trawls whose catches, weighed before any discards, consist of less than 1,5 % of cod, provided those vessels are subject to a progressive increase of observer coverage at sea up to at least 20 % of all their fishing trips;

(c)

fishing vessels fishing with bottom trawls or seines with catches comprising more than 30 % of Norway lobster shall use one of the following gears:

(i)

300 mm squared mesh panel; vessels below 12 meters in length over all may use a 200 mm square mesh panel;

(ii)

seltra panel;

(iii)

sorting grid with a 35 mm bar spacing or a similar Net grid selectivity device;

(iv)

100 mm cod-end with a 100 mm square mesh panel;

(v)

dual cod-end with the uppermost cod-end constructed with T90 mesh of at least 100 mm and fitted with a separation panel with a maximum mesh size of 300 mm;

(d)

fishing vessels fishing with bottom trawls or seines with catches comprising more than 55 % of whiting or 55 % of anglerfish, hake or megrim combined, shall use one of the following gears:

(i)

100 mm cod-end with a 100 mm squared mesh panel;

(ii)

100 mm T90 cod-end and extension.

2.   The following shall apply to fishing vessels fishing with bottom trawls or seines in ICES divisions 6a and 5b, within Union waters, East of 12°W (West of Scotland) in Norway lobster (Nephrops norvegicus) fisheries:

(a)

fishing vessels shall use a square mesh panel (positioning retained) of at least 300 mm for vessels deploying a cod-end mesh size less than 100 mm; for vessels below 12 m in length over all and/or with engine power of 200 kW or less, the panel overall length may be 2 m and the panel 200 mm;

(b)

fishing vessels with catches comprising more than 30 % of Norway lobster shall use a square mesh panel (positioning retained) of at least 160 mm for vessels deploying a cod-end mesh size of 100-119 mm.

3.   The following shall apply to fishing vessels fishing with bottom trawls or seines in ICES division 7a (Irish Sea):

(a)

fishing vessels fishing with bottom trawls or seines with a cod-end mesh size equal to or larger than 70 mm and smaller than 100 mm and with catches comprising more than 30 % of Norway lobster shall use one of the following gears:

(i)

300 mm square mesh panel; fishing vessels below 12 meters in length over all may use a 200 mm squared mesh panel;

(ii)

seltra panel;

(iii)

sorting grid with 35 mm bar spacing;

(iv)

CEFAS Net grid;

(v)

flip-flap trawl;

(b)

fishing vessels equal to or greater than 12 meters in length overall operating with bottom trawls or seines with catches comprising more than 10 % of haddock, cod and skates and rays combined, shall use 120 mm cod-end.

4.   The catch percentages in paragraphs 1 and 2 of this Article shall be calculated as the proportion by live weight of all marine biological resources landed after each fishing trip, in accordance with Article 15 of Regulation (EU) No 1380/2013 and Article 27(2) of Regulation (EU) 2019/1241.

5.   It shall be prohibited for fishing vessels to fish with bottom trawls and seines in the following zones:

(a)

ICES divisions from 7f to 7k,

(b)

in the area West of 5° W longitude in ICES division 7e and

(c)

in ICES divisions 7b and 7c.

This prohibition shall not apply to fishing vessels in case:

(i)

they use a cod-end mesh size of at least 100 mm, or

(ii)

their by-catches of cod do not exceed 1,5 %, as assessed by the STECF, when fishing outside the areas mentioned in paragraph 1.

Article 18

Technical measures for red seabream in ICES subareas 6 to 8

1.   A minimum conservation reference size of 36 cm shall apply for the catches of red seabream (Pagellus bogaraveo) in ICES subareas 6 to 8.

2.   A minimum conservation reference size of 40 cm shall apply for the recreational catches of red seabream in ICES sub-areas 6 and 7.

3.   From 1 January to 30 June 2024, all fishing for red seabream in ICES sub-areas 6, 7 and 8 shall be prohibited to fishing vessels flying the French flag.

4.   From 1 February to 30 September 2024, fishing with bottom set longlines (LLS) and bottom trawls (OTB) shall be prohibited in the western area of the Cantabrian Sea, opposite to Asturias and Galicia.

5.   Recreational fisheries for red seabream shall be prohibited within the following geographical areas: Area RF 1 (Cariño/Celeiro), Area RF 2 (Ribadeo), Area RF 3 (Navia), Area RF 4 (Ensenada Canero), Area RF 5 (Ensenada de Cabrera/Ría San Martín de la Arena), Area RF 6 (Ría de Treto), Area RF 7 (Bilbao/Plentzia), Area RF 8 (Bermeo/Mundaka).

Article 19

Remedial measures for cod in the Kattegat

1.   Union fishing vessels fishing in the Kattegat with bottom trawls (39) with minimum mesh size of 70 mm shall use one of the following selective gears:

(a)

sorting grid with maximum 35 mm bar spacing, with an unblocked fish outlet;

(b)

sorting grid with maximum 50 mm bar spacing separating flatfish and roundfish, with an unblocked fish outlet for roundfish;

(c)

seltra panel with 300 mm square-mesh size;

(d)

regulated highly selective gear, the technical attributes of which shall result, according to a scientific study assessed by the STECF, for fishing vessels exclusively carrying on board such a gear, in less than 1,5 % of catches of cod.

2.   Union fishing vessels participating in a project run by a Member State and having functioning equipment for fully documented fisheries may use a gear in accordance with Part B of Annex V to Regulation (EU) 2019/1241. By 31 March 2024, the Member State in question shall communicate a list of such vessels to the Commission.

3.   This Article shall not apply to fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with Article 25 of Regulation (EU) 2019/1241.

Article 20

Prohibited species

1.   Union fishing vessels shall not fish for, retain on board, tranship or land the following species:

(a)

starry ray (Amblyraja radiata) in United Kingdom and Union waters of ICES subarea 4 and division 7d; United Kingdom waters of division 2a; and Union waters of division 3a;

(b)

splendid alfonsino (Beryx splendens) in NAFO subarea 6;

(c)

leafscale gulper shark (Centrophorus squamosus) in United Kingdom and Union waters of ICES subarea 4; United Kingdom waters of division 2a; and international waters of ICES subareas 1 and 14;

(d)

Portuguese dogfish (Centroscymnus coelolepis) in United Kingdom and Union waters of ICES subarea 4; United Kingdom waters of division 2a; and international waters of ICES subareas 1 and 14;

(e)

kitefin shark (Dalatias licha) in United Kingdom and Union waters of ICES subarea 4; United Kingdom waters of division 2a; and international waters of ICES subareas 1 and 14;

(f)

birdbeak dogfish (Deania calceus) in United Kingdom and Union waters of ICES subarea 4; United Kingdom waters of division 2a; and international waters of ICES subareas 1 and 14;

(g)

common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in United Kingdom and Union waters of ICES subareas 4 and 6 to 8; United Kingdom waters of division 2a and subarea 5; and Union waters of subareas 3, 9 and 10;

(h)

great lanternshark (Etmopterus princeps) in United Kingdom and Union waters of ICES subarea 4; United Kingdom waters of division 2a; and international waters of ICES subareas 1 and 14;

(i)

tope shark (Galeorhinus galeus) when taken with longlines in United Kingdom and Union waters of ICES subareas 4; United Kingdom waters of division 2a; United Kingdom and international waters of subarea 5; United Kingdom, Union and international waters of subareas 6 to 8; and international waters of subareas 12 and 14;

(j)

porbeagle (Lamna nasus) in all waters;

(k)

thornback ray (Raja clavata) in Union waters of ICES division 3a;

(l)

undulate ray (Raja undulata) in United Kingdom and Union waters of ICES subarea 6; and Union waters of ICES subarea 10;

(m)

whale shark (Rhincodon typus) in all waters;

(n)

common guitarfish (Rhinobatos rhinobatos) in the Mediterranean.

2.   When accidentally caught, specimens of the species referred to in paragraph 1 shall not be harmed and shall be promptly released.

Article 21

Data transmission

When Member States submit to the Commission data relating to landings and fishing effort pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the stock codes set out in Annex I to this Regulation.

Chapter II

Fishing authorisations in third country waters

Article 22

Fishing authorisations

1.   The maximum numbers of fishing authorisations for Union fishing vessels in third country waters, where applicable, are set out in Part A of Annex V.

2.   Where, in accordance with Article 16(8) of Regulation (EU) No 1380/2013, a Member State, after notifying the Commission, transfers quota to another Member State in the fishing areas set out in Part A of Annex V to this Regulation, the transfer shall be accompanied, where relevant, by an appropriate transfer of fishing authorisations. The total number of authorisations for each fishing area, as set out in Part A of Annex V to this Regulation, shall not be exceeded. That transfer of fishing authorisations shall be notified by the transferring Member State to the Commission at the time of the notification to the Commission of the quota transfer.

Chapter III

Fishing opportunities managed by regional fisheries management organisations

Section 1

General provisions

Article 23

Quota transfers and exchanges

1.   Where the rules of a regional fisheries management organisation (RFMO) permit quota transfers or exchanges between the Contracting Parties to that RFMO, a Member State (‘the Member State concerned’) may discuss with a Contracting Party to that RFMO and establish a possible outline of an intended quota transfer or exchange, as appropriate. The Member State concerned shall notify the Commission of the outline.

2.   On being notified in accordance with paragraph 1, the Commission may endorse the outline of the intended quota transfer or exchange. If the Commission endorses the outline, it shall express, without undue delay, the consent to be bound by the intended quota transfer or exchange. It shall notify the secretariat of the RFMO of the transfer or exchange in accordance with the rules of that RFMO.

3.   The Commission shall inform the Member States of any agreed quota transfer or exchange.

4.   The fishing opportunities received or transferred by the Member State concerned under the quota transfer or exchange shall be deemed to be quotas added to, or deducted from, its allocation as of the moment when the transfer or exchange takes effect under the terms of the agreement with the relevant Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such transfers and exchanges shall not affect the distribution key for allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.

Section 2

NEAFC Convention area

Article 24

Redfish in the Irminger Sea

1.   All fishing activities shall be prohibited in the area bounded by the following coordinates measured according to the WGS84 system:

Latitude

Longitude

63°00'N

30°00'W

61°30'N

27°35'W

60°45'N

28°45'W

62°00'N

31°35'W

63°00'N

30°00'W

2.   Fishing vessels shall be prohibited from fishing, retaining on board, transhipping or landing in Union ports and Union fishing vessels also in third country ports shallow pelagic and deep pelagic beaked redfish (Sebastes mentella) from the Irminger Sea and adjacent waters (ICES subareas 5, 12 and 14, and NAFO subareas 1 and 2).

3.   Union fishing vessels shall be prohibited from participating in transhipment operations involving the stocks referred to in paragraph 2.

4.   Union vessels shall be prohibited from refuelling or providing support services to fishing vessels with catches of the stocks referred to in paragraph 2.

Section 3

ICCAT Convention area

Article 25

Fishing, farming and fattening capacity limitations

1.   The number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna (Thunnus thynnus) between 8 kg/75 cm and 30 kg/115 cm in the eastern Atlantic shall be limited as set out in point 1 of Annex VI.

2.   The number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex VI.

3.   The number of Union fishing vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex VI.

4.   The number of Union fishing vessels authorised to fish for, retain on board, tranship, transport or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex VI.

5.   The number of traps engaged in bluefin tuna fishery in the eastern Atlantic and Mediterranean shall be limited as set out in point 5 of Annex VI.

6.   The maximum number of Union fishing vessels authorised to fish for northern albacore (Thunnus alalunga) as a target species in accordance with Article 17 of Regulation (EU) 2017/2107 (40) shall be limited as set out in point 7 of Annex VI to this Regulation.

7.   The maximum number of Union fishing vessels of at least 20 m length fishing for bigeye tuna (Thunnus obesus) in the ICCAT Convention area shall be limited as set out in point 8 of Annex VI.

Article 26

Recreational fisheries

Where appropriate, Member States shall allocate a specific share from their allocated quotas to recreational fisheries, as set out in Annex ID.

Article 27

Sharks

1.   It shall be prohibited to retain on board, tranship or land any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) caught in any fishery.

2.   It shall be prohibited to engage in directed fishery for species of thresher sharks of the Alopias genus.

3.   It shall be prohibited to retain on board, tranship or land any part or whole carcass of hammerhead sharks of the Sphyrnidae family (except Sphyrna tiburo) caught in fisheries in the ICCAT Convention area.

4.   It shall be prohibited to retain on board, tranship or land any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) caught in any fishery.

5.   It shall be prohibited to retain on board silky sharks (Carcharhinus falciformis) caught in any fishery.

6.   It shall be prohibited to retain on board, tranship or land any part or whole carcass of North Atlantic shortfin mako (Isurus oxyrinchus) caught in fisheries in the ICCAT Convention area.

Article 28

FADs for tropical tunas

1.   It shall be prohibited to use FADs in the ICCAT Convention area from 1 January to 12 March 2024.

2.   From 17 December 2023 to 31 December 2023, Member States shall ensure that their fishing vessels do not deploy FADs. Each fishing vessel shall have no more than 300 FADs with operational buoys deployed at any time in the ICCAT Convention area.

3.   Member States shall report to the Commission historical data on fishing gear set around FADs by their purse seine vessels by 30 June 2024. If a Member State does not report those data by that date, fishing vessels flying its flag shall not set fishing gear around FADs until the Commission receives those data from that Member State for further reporting to ICCAT.

Section 4

CCAMLR Convention area

Article 29

Exploratory fisheries notifications for toothfish for the 2024-2025 fishing season

1.   Member States may participate in, or authorise their fishing vessels to participate in, longline exploratory fisheries for toothfish (Dissostichus spp.) in FAO subareas 48.6, 88.1 and 88.2 and FAO divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction for fishing in the period from 1 December 2024 to 30 November 2025, in accordance with Article 7(2) to (7) of Council Regulation (EC) No 601/2004 (41).

2.   By way of derogation from the deadlines set out in Article 7(5) and (6) of Regulation (EC) No 601/2004, those Member States intending to do so shall notify the CCAMLR Secretariat no later than 1 June 2024.

Article 30

Toothfish fishery during the 2023-2024 fishing season

1.   In addition to the special requirements for exploratory fisheries set out in Article 7a of Regulation (EC) No 601/2004, fishing for toothfish in the period from 1 December 2023 to 30 November 2024 shall be limited to the Member States, subareas and number of fishing vessels set out in Table A in Annex VII, and the TACs and by-catch limits set out in Table B in that Annex shall apply.

2.   Direct fishing of shark species for purposes other than scientific research shall be prohibited. Any by-catch of shark, especially juveniles and gravid females, taken accidentally in the toothfish fishery shall be released alive.

3.   Where applicable, fishing for toothfish in any small-scale research unit (SSRU) shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the fishing season.

4.   Fishing shall take place over a geographical and bathymetric range as large as possible, so as to obtain the information necessary to determine fishery potential and avoid an overconcentration of catch and fishing effort. However, fishing in FAO subareas 48.6, 88.1 and 88.2 shall be prohibited in depths of less than 550 m.

Article 31

Krill fishery during the 2024–2025 fishing season

1.   For the purpose of Article 5a of Regulation (EC) No 601/2004, Member States intending to fish for krill (Euphausia superba) in the CCAMLR Convention area during the period from 1 December 2024 to 30 November 2025 shall notify the Commission thereof no later than 1 May 2024, using the form in Part B of the Appendix to Annex VII.

2.   By way of derogation from the deadlines set out in Article 7(5) and (6) of Regulation (EC) No 601/2004, and on the basis of the information provided by Member States, the Commission shall submit the notifications to the CCAMLR Secretariat no later than 30 May 2024.

3.   The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3(2) and (3) of Regulation (EC) No 601/2004 for each fishing vessel to be authorised to participate in the krill fishery.

4.   A Member State intending to fish for krill in the CCAMLR Convention area shall notify its intention to do so only in respect of authorised fishing vessels that, at the time of the notification:

(a)

are flying its flag; or

(b)

are flying the flag of another CCAMLR member and are expected to be flying the flag of that Member State at the time the fishery takes place.

5.   Where an authorised fishing vessel notified to the CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 is prevented from participating in a krill fishery due to legitimate operational reasons or force majeure, the Member State concerned may authorise its replacement by another fishing vessel. In such a case, the Member State concerned shall immediately inform the CCAMLR Secretariat with the Commission in copy, providing:

(a)

full details of the intended replacement fishing vessel(s), including the information provided for in Article 3(2) and (3) of Regulation (EC) No 601/2004; and

(b)

a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.

Section 5

IOTC Area of Competence

Article 32

Limitation of fishing capacity of vessels fishing in the IOTC Area of Competence

1.   The maximum number of Union fishing vessels fishing for tropical tunas in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VIII.

2.   The maximum number of Union fishing vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VIII.

3.   Member States may reallocate fishing vessels assigned to one of the fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that such change does not lead to an increase of fishing effort in respect of the fish stocks in question.

4.   Where a transfer of capacity to the fleet of a Member State is proposed, that Member State shall ensure that fishing vessels to be transferred are on the IOTC record of authorised vessels or on the record of vessels of other RFMOs managing tuna fisheries. Fishing vessels that appear on any RFMO’s list of vessels that have engaged in illegal, unregulated and unreported (IUU) fishing activities may not be transferred.

5.   Member States may increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 only within the limits set out in the development plans submitted to the IOTC.

Article 33

Drifting FADs and supply vessels

1.   Drifting FADs shall be equipped with instrumented buoys. The use of any other buoys, such as radio buoys, shall be prohibited.

2.   A purse seine vessel shall follow no more than 300 operational buoys at any time.

3.   No more than 500 instrumented buoys shall be acquired annually for each purse seine vessel. No purse seine vessel shall have more than 500 instrumented buoys, both in stock and operational, at any time.

4.   No more than three supply vessels shall operate in support of not less than ten purse seine vessels, all flying the flag of a Member State. This paragraph shall not apply to Member States using only one supply vessel.

5.   A single purse seine vessel shall not be supported by more than one supply vessel flying the flag of a Member State at any time.

6.   The Union shall not register new or additional supply vessels in the IOTC record of authorised vessels.

Section 6

SPRFMO Convention area

Article 34

Pelagic fisheries

1.   Only those Member States that have actively exercised pelagic fisheries activities in the SPRFMO Convention area in 2007, 2008 or 2009 may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IH.

2.   The Member States referred to in paragraph 1 may use the fishing opportunities set out in Annex IH only if they send the following information to the Commission by the fifteenth day of the following month, so that the Commission can communicate it to the SPRFMO Secretariat:

(a)

a list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention area;

(b)

monthly catch reports.

Section 7

IATTC Convention area

Article 35

Purse seine fisheries

1.   Purse seine vessels shall not fish for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) or skipjack tuna (Katsuwonus pelamis):

(a)

either from 00.00 hours on 29 July 2024 to 24.00 hours on 8 October 2024 or from 00.00 hours on 9 November 2024 to 24.00 hours on 19 January 2025 in the area defined by the following limits:

the Pacific coastlines of the Americas,

longitude 150° W,

latitude 40° N,

latitude 40° S;

(b)

from 00.00 hours on 9 October 2024 to 24.00 hours on 8 November 2024 in the area defined by the following limits:

longitude 96° W,

longitude 110° W,

latitude 4° N,

latitude 3° S.

2.   For each of the fishing vessels referred to in paragraph 1 and flying the flag of a Member State, that flag Member State shall inform the Commission before 1 April 2024 which of the closure periods referred to in paragraph 1, point (a), the fishing vessel has selected.

3.   Purse seine vessels fishing for tuna in the IATTC Convention area shall retain on board and then tranship or land all yellowfin, bigeye and skipjack tuna that they catch.

4.   Paragraph 3 shall not apply:

(a)

where the fish is considered unfit for human consumption for reasons other than size;

(b)

during the final set of a trip, when there may be insufficient well space remaining to accommodate all the tuna caught in that set.

Article 36

Drifting FADs

1.   A purse seine vessel shall have no more than 400 FADs active at any time in the IATTC Convention area. A FAD shall be considered active when it is deployed at sea, starts transmitting its location and is being tracked by the vessel, its owner or operator. A FAD shall be activated only on board a purse seine vessel.

2.   During the 15 days before the start of the closure period selected in accordance with Article 35(1), point (a), a purse seine vessel shall, in the IATTC Convention area:

(a)

refrain from deploying FADs;

(b)

recover the same number of FADs as initially deployed.

Article 37

Catch limits for bigeye tuna in longline fisheries

The total annual catches of bigeye tuna in the IATTC Convention area by each Member State’s longline vessels are set out in Annex IL.

Article 38

Prohibition of fishing for oceanic whitetip sharks

1.   It shall be prohibited to fish for oceanic whitetip sharks (Carcharhinus longimanus) in the IATTC Convention area and to retain on board, tranship, land, store, offer for sale or sell any part or whole carcass of oceanic whitetip sharks caught in that area.

2.   When accidentally caught, specimens of oceanic whitetip sharks shall not be harmed and shall be promptly released by fishing vessel operators.

3.   Fishing vessel operators shall record the number of releases with indication of status (dead or alive) and report that information to the Member State of which they are nationals. Member States shall transmit that information collected during 2023 to the Commission by 31 January 2024.

Article 39

Prohibition of fishing for mobulid rays

Union fishing vessels in the IATTC Convention area shall not fish for mobulid rays (Mobulidae family, including the genera Manta and Mobula) and shall not retain on board, tranship, land, store, offer for sale or sell any part or whole carcass of mobulid rays caught in that area. As soon as they notice that mobulid rays have been caught, they shall promptly release them, where possible alive and unharmed.

Section 8

SEAFO Convention area

Article 40

Prohibition of fishing for deep-water sharks

Directed fishing for the following deep-water sharks in the SEAFO Convention area shall be prohibited:

(a)

ghost catshark (Apristurus manis);

(b)

blurred smooth lanternshark (Etmopterus bigelowi);

(c)

shorttail lanternshark (Etmopterus brachyurus);

(d)

great lanternshark (Etmopterus princeps);

(e)

smooth lanternshark (Etmopterus pusillus);

(f)

skates (Rajidae);

(g)

velvet dogfish (Scymnodon squamulosus);

(h)

sharks of the Selachimorpha super-order;

(i)

picked dogfish (Squalus acanthias).

Section 9

WCPFC Convention area

Article 41

Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and South Pacific albacore fisheries

1.   Member States shall ensure that no more than 403 fishing days are allocated to purse seine vessels fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis) in the high seas areas between 20° N and 20° S of the WCPFC Convention area.

2.   Union fishing vessels shall not target South Pacific albacore (Thunnus alalunga) in the WCPFC Convention area south of 20° S.

3.   The number of Union fishing vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention area shall not exceed the limits set out in Annex IX, Table 1.

4.   The maximum number of Union purse seine vessels authorised to fish for tropical tuna in the high seas areas between 20° N and 20° S of the WCPFC Convention area shall not exceed the limits set out in Annex IX, Table 2.

Article 42

Management of fishing with FADs

1.   In the part of the WCPFC Convention area located between 20° N and 20° S, purse seine vessels shall not deploy, service or set nets on FADs between 00.00 hours on 1 July 2024 and 24.00 hours on 30 September 2024.

2.   In addition to the prohibition in paragraph 1, it shall be prohibited to set nets on FADs on the high seas of the WCPFC Convention area located between 20° N and 20° S for two additional months, either from 00.00 hours on 1 April 2024 to 24.00 hours on 31 May 2024, or from 00.00 hours on 1 November 2024 to 24.00 hours on 31 December 2024.

3.   Each Member State concerned shall determine which of the closure periods referred to in paragraph 2 shall apply to purse seine vessels flying its flag. The Member States shall inform the Commission by 15 February 2024 of the closure period selected. The Commission shall notify the secretariat of the WCPFC of the closure periods selected by Member States before 1 March 2024.

4.   Each Member State shall ensure that none of its purse seine vessels deploy at sea, at any time, more than 350 FADs with activated instrumented buoys. Buoys shall be activated exclusively on board a purse seine vessel.

Article 43

Maximum number of Union fishing vessels authorised to fish for swordfish

The maximum number of Union fishing vessels authorised to fish for swordfish (Xiphias gladius) in areas of the WCPFC Convention area south of 20° S shall be as set out in Annex IX.

Article 44

Catch limits for swordfish in longline fisheries south of 20° S

Member States shall ensure that catches of swordfish (Xiphias gladius) south of 20° S by longliners in 2024 do not exceed the limit set out in table 2 of Annex IG. They shall also ensure that this does not result in a shift of the fishing effort for swordfish to the area north of 20° S.

Section 10

Bering Sea

Article 45

Prohibition on fishing for pollock in the high seas of the Bering Sea

It shall be prohibited to fish for pollock (Gadus chalcogrammus) in the high seas of the Bering Sea.

Section 11

SIOFA Agreement Area

Article 46

Limits to bottom fishing

Member States shall ensure that fishing vessels flying their flag that fish in the SIOFA Agreement Area:

(a)

limit their annual bottom fishing effort to the level set out in Annex X;

(b)

do not bottom fish except using demersal longlines; and

(c)

do not fish in the interim protected areas of Atlantis Bank, Coral, Fools Flat, Middle of What and Walter’s Shoal, as defined in Annex IK, except with demersal longlines and on condition of having a scientific observer on board at all times while fishing in those areas.

Article 47

Toothfish fishery measures

Member States shall ensure that fishing vessels flying their flag that fish for toothfish (Dissostichus spp.) in the SIOFA Agreement Area:

(a)

do not fish in depths shallower than 500 metres;

(b)

have at least one scientific observer on board at all times who shall have a target of observing 25 % of hooks hauled per line over the duration of the fishing deployment; and

(c)

tag and release toothfish specimens at a rate of at least five fish per tonne of green weight caught. Once 30 or more toothfish have been caught a minimum overlap statistic of at least 60 % shall apply for tag release.

Article 48

Prohibition of targeting deep-water sharks

Directed fishing for the following deep-water sharks in the SIOFA Agreement Area shall be prohibited:

(a)

Portuguese dogfish (Centroscymnus coelolepis), except in the context of the by-catch allowance as set out in Annex IK;

(b)

birdbeak dogfish (Deania calceus);

(c)

gulper shark (Centrophorus granulosus);

(d)

kitefin shark (Dalatias licha);

(e)

Bach’s catshark (Bythaelurus bachi);

(f)

dark-mouth chimaera (Chimaera buccanigella);

(g)

the Falkor chimaera (Chimaera didierae);

(h)

seafarer’s ghostshark (Chimaera willwatchi);

(i)

longnose velvet dogfish (Centroselachus crepidater);

(j)

plunket shark (Scymnodon plunketi);

(k)

velvet dogfish (Zameus squamulosus);

(l)

whitecheek lanternshark (Etmopterus alphus);

(m)

smallbelly catshark (Apristurus indicus);

(n)

Pacific longnose chimaera (Harriotta raleighana);

(o)

narrowhead catshark (Bythaelurus tenuicephalus);

(p)

frilled shark (Chlamydoselachus anguineus);

(q)

bigeyed six-gill shark (Hexanchus nakamurai);

(r)

smooth lanternshark (Etmopterus pusillus);

(s)

southern sleeper shark (Somniosus antarcticus);

(t)

goblin shark (Mitsukurina owstoni);

(u)

blue-eye lanternshark (Etmopterus viator);

(v)

blurred smooth lanternshark (Etmopterus bigelowi);

(w)

leafscale gulper shark (Centrophorus squamosus);

(x)

little gulper shark (Centrophorus uyato);

(y)

shortspine spurdog (Squalus mitsukurii);

(z)

longsnout dogfish (Deania quadrispinosa);

(za)

arrowhead dogfish (Deania profundorum);

(zb)

Cristina’s skate (Bathyraja tunae);

(zc)

paddlenose chimaera (Rhinochimaera africana).

TITLE III

FISHING OPPORTUNITIES FOR THIRD COUNTRY FISHING VESSELS IN UNION WATERS

Article 49

Fishing vessels flying the flag of Norway or of the Faroe Islands

Fishing vessels flying the flag of Norway or of the Faroe Islands may be authorised by the Commission to fish in Union waters subject to the TACs set out in Annex I, and subject to the conditions provided for in this Regulation, in Title III of Regulation (EU) 2017/2403 and in delegated acts adopted by the Commission on the basis of that Regulation.

Article 50

Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom , the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, and licensed by a United Kingdom fisheries administration

Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, and licensed by a fisheries administration of the United Kingdom may be authorised by the Commission to fish in Union waters subject to the TACs set out in Annex I, and subject to the conditions provided for in this Regulation, in Regulation (EU) 2017/2403 and in delegated acts adopted by the Commission on the basis of that Regulation.

Article 51

Quota transfers and exchanges with the United Kingdom

1.   Any quota transfer or exchange between the Union and the United Kingdom shall take place in accordance with this Article.

2.   A Member State intending to transfer or exchange quotas with the United Kingdom may discuss with the United Kingdom an outline of the quota transfer or exchange. The Member State concerned shall notify the Commission of the outline.

3.   If the Commission endorses an outline of the quota transfer or exchange referred to in paragraph 2 notified by the Member State concerned, it shall express, without undue delay, the consent to be bound by such quota transfer or exchange. The Commission shall notify the Member States and the United Kingdom of the agreed quota transfer or exchange.

4.   The fishing opportunities received from or transferred to the United Kingdom under the agreed quota transfer or exchange shall be deemed to be quotas added to, or deducted from, the allocation of the Member State concerned as of the moment when the quota transfer or exchange has been notified in accordance with paragraph 3. Such transfers and exchanges shall not affect the distribution key for allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.

Article 52

Fishing vessels flying the flag of Venezuela

Fishing vessels flying the flag of Venezuela shall be subject to the conditions provided for in this Regulation, in Title III of Regulation (EU) 2017/2403 and in delegated acts adopted by the Commission on the basis of that Regulation.

Article 53

Fishing authorisations

The maximum number of fishing authorisations for third country fishing vessels operating in Union waters shall be as set out in Part B of Annex V.

Article 54

Conditions for landing catches and by-catches

The conditions laid down in Article 7 shall apply to the catches and by-catches of third country fishing vessels fishing under the fishing authorisations referred to in Article 53.

Article 55

Prohibited species

1.   Third country fishing vessels shall not fish for, retain on board, tranship or land the following species where they are found in Union waters:

(a)

starry ray (Amblyraja radiata) in Union waters of ICES divisions 3a and 7d; and Union waters of ICES subarea 4;

(b)

common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES subareas 3, 4 and 6 to 10;

(c)

tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES subareas 4 and 6 to 8;

(d)

kitefin shark (Dalatias licha), birdbeak dogfish (Deania calceus), leafscale gulper shark (Centrophorus squamosus), great lanternshark (Etmopterus princeps) and Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES subarea 4;

(e)

porbeagle (Lamna nasus) in all Union waters;

(f)

thornback ray (Raja clavata) in Union waters of ICES division 3a;

(g)

undulate ray (Raja undulata) in Union waters of ICES subareas 6 and 10;

(h)

common guitarfish (Rhinobatos rhinobatos) in Union waters of the Mediterranean;

(i)

whale shark (Rhincodon typus) in all Union waters.

2.   When accidentally caught, specimens of the species referred to in paragraph 1 shall not be harmed and shall be promptly released.

TITLE IV

FINAL PROVISIONS

Article 56

Amendments to Regulation (EU) 2023/194

1.   Annex IA, Part B, of Regulation (EU) 2023/194 is amended in accordance with Annex XI, point 2, to this Regulation.

2.   Annex IA, Part F, of Regulation (EU) 2023/194 is amended in accordance with Annex XI, point 1, of this Regulation.

Article 57

Committee procedure

1.   The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Regulation (EU) No 1380/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 58

Transitional provisions

Articles 9 to 13, 15 to 20, 24, 27, 38, 39, 40, 45, 48 and 55 shall continue to apply, mutatis mutandis, in 2025 until the entry into force of the Regulation fixing the fishing opportunities for 2025.

Article 59

Entry into force and application

This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2024 to 31 December 2024.

However:

(a)

Article 13(1) and (6) shall apply from 1 January 2024 to 31 March 2025;

(b)

Article 13(2) to (5) shall apply from 1 April 2024 to 31 March 2025;

(c)

Articles 17 and 18 shall cease to apply on the date on which delegated acts introducing corresponding measures become applicable;

(d)

Article 23 shall apply from 1 January 2024 to 31 January 2025;

(e)

Articles 30 and Annex VII shall apply from 1 December 2023 to 30 November 2024;

(f)

Article 28(2) shall apply from 17 December 2023 to 31 December 2023;

(g)

Article 35(1), point (a), shall apply from 1 January 2024 to 19 January 2025;

(h)

Article 56(2) shall apply from 1 January 2023;

(i)

Annex I shall also apply for the year 2025 and 2026, where specified in that Annex;

(j)

Annex IK shall apply from 1 December 2023 to 30 November 2024, where specified in that Annex;

(k)

Annex II shall apply from 1 February 2024 to 31 January 2025;

(l)

the maximum size for picked dogfish (DGS/03A-C., DGS/2AC4-C and DGS/15X14) shall cease to apply on the date on which a delegated act introducing corresponding measures and regulating the treatment of catches of those stocks over 100 cm becomes applicable;

(m)

catch and effort limits fixed by this Regulation for the year 2024 and, where specified in this Regulation, also for the years 2025 and 2026, shall continue to apply in 2025, and where relevant in 2026 and 2027, exclusively for the purposes of:

(i)

exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013;

(ii)

deductions and reallocations pursuant to Article 37 of Regulation (EC) No 1224/2009;

(iii)

quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013; and

(iv)

deductions pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 January 2024.

For the Council

The President

H. LAHBIB


(1)  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

(2)  Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179, 16.7.2018, p. 1).

(3)  Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 (OJ L 83, 25.3.2019, p. 1).

(4)  Blim is the biomass below which there may be reduced reproductive capacity.

(5)  EUMOFA data on first sale price and landings amount, averaged for the years 2019-2021 for specific Member States, and converted into a first sale price.

First sale price is the price of landed fish that is sold or registered at an auction centre to registered buyers or to producer organisations. Therefore, the estimated value based on such first sale price indicates only value at the first step of the value chain.

(6)  Indicative value, as opposed to market value, refers to the estimated value calculated by multiplying the TACs by the first sale prices, without taking into account other factors such as price effect flexibilities or quota uptake.

(7)  FMSY point value is the value of the estimated fishing mortality that with a given fishing pattern and under current average environmental conditions gives the long-term MSY.

(8)  Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel (OJ L 248, 22.9.2007, p. 17).

(9)  Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).

(10)  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 (OJ L 198, 25.7.2019, p. 105).

(11)  Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3).

(12)  Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627 (OJ L 238, 27.9.2023, p. 1).

(13)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

(14)   OJ L 149, 30.4.2021, p. 10.

(15)  Council Decision (EU) 2021/1875 of 22 October 2021 concerning the position to be adopted on behalf of the Union in the annual consultations with the United Kingdom to agree on total allowable catches (OJ L 378, 26.10.2021, p. 6).

(16)   OJ L 175, 18.5.2021, p. 3.

(17)  Council Decision 87/277/EEC of 18 May 1987 on the allocation of the catch possibilities for cod in the Spitsbergen and Bear Island area and in Division 3M as defined in the NAFO Convention (OJ L 135, 23.5.1987, p. 29).

(18)  Council Decision (EU) 2015/1565 of 14 September 2015 on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana (OJ L 244, 19.9.2015, p. 55).

(19)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(20)  Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).

(21)   OJ L 252, 5.9.1981, p. 27. The Union approved the CCAMLR Convention by means of Council Decision 81/691/EEC of 4 September 1981 on the conclusion of the Convention on the conservation of Antarctic marine living resources (OJ L 252, 5.9.1981, p. 26).

(22)  Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).

(23)   OJ L 224, 16.8.2006, p. 24. The Union approved the Convention for the Strengthening of IATTC by means of Council Decision 2006/539/EC of 22 May 2006 on the conclusion, on behalf of the European Community of the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (OJ L 224, 16.8.2006, p. 22).

(24)   OJ L 162, 18.6.1986, p. 34. The Union acceded to the ICCAT by means of Council Decision 86/238/EEC of 9 June 1986 on the accession of the Community to the International Convention for the Conservation of Atlantic Tunas, as amended by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the States Parties to the Convention signed in Paris on 10 July 1984 (OJ L 162, 18.6.1986, p. 33).

(25)   OJ L 236, 5.10.1995, p. 25. The Union acceded to the IOTC by means of Council Decision 95/399/EC of 18 September 1995 on the accession of the Community to the Agreement for the establishment of the Indian Ocean Tuna Commission (OJ L 236, 5.10.1995, p. 24).

(26)  Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (OJ L 87, 31.3.2009, p. 42).

(27)   OJ L 378, 30.12.1978, p. 2. The Union acceded the NAFO Convention by means of Council Regulation (EEC) No 3179/78 of 28 December 1978 concerning the conclusion by the European Economic Community of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (OJ L 378, 30.12.1978, p. 1).

(28)   OJ L 234, 31.8.2002, p. 40. The Union approved the SEAFO Convention by means of Council Decision 2002/738/EC of 22 July 2002 on the conclusion by the European Community of the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (OJ L 234, 31.8.2002, p. 39).

(29)   OJ L 196, 18.7.2006, p. 15. The Union approved the SIOFA by means of Council Decision 2008/780/EC of 29 September 2008 on the conclusion, on behalf of the European Community, of the Southern Indian Ocean Fisheries Agreement (OJ L 268, 9.10.2008, p. 27).

(30)   OJ L 67, 6.3.2012, p. 3. The Union approved the SPRFMO Convention by means of Council Decision 2012/130/EU of 3 October 2011 on the approval, on behalf of the European Union, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (OJ L 67, 6.3.2012, p. 1).

(31)   OJ L 32, 4.2.2005, p. 3. The Union acceded to the WCPFC by means of Council Decision 2005/75/EC of 26 April 2004 on the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (OJ L 32, 4.2.2005, p. 1).

(32)  Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 347, 30.12.2011, p. 44).

(33)  Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).

(34)  All types of demersal trawls (OTB, OTT, PTB, TBB, TBN, TBS and TB).

(35)  All types of seines (SSC, SDN, SPR, SV, SB and SX).

(36)  All long lines or pole and line or rod and line fisheries (LHP, LHM, LLD, LL, LTL, LX and LLS).

(37)  All fixed gillnets and traps (GTR, GNS, GNC, FYK, FPN and FIX).

(38)  Gear codes: OTB, OTT, OT, TBN, TBS, TB, TX, PTB, SDN, SSC, SX, LL, LLS.

(39)  Gear codes: OTB, OTT, OT, TBN, TBS, TB, TX, PTB.

(40)  Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007 (OJ L 315, 30.11.2017, p. 1).

(41)  Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999 (OJ L 97, 1.4.2004, p. 16).


LIST OF ANNEXES

ANNEX I:

TACs applicable to Union fishing vessels in areas where TACs exist by species and by area

ANNEX IA:

Skagerrak, Kattegat, ICES subareas 1 to 10, 12 and 14, Union waters of CECAF, French Guiana waters

ANNEX IB:

North East Atlantic and Greenland, ICES subareas 1, 2, 5, 12 and 14 and Greenland waters of NAFO 1

ANNEX IC:

North West Atlantic – NAFO Convention area

ANNEX ID:

ICCAT Convention area

ANNEX IE:

South-East Atlantic Ocean – SEAFO Convention area

ANNEX IF:

Southern bluefin tuna - areas of distribution

ANNEX IG:

WCPFC Convention area

ANNEX IH:

SPRFMO Convention area

ANNEX IJ:

IOTC Area of Competence

ANNEX IK:

SIOFA Agreement area

ANNEX IL:

IATTC Convention area

ANNEX II:

Fishing effort for fishing vessels in the context of the management of Western Channel sole stocks in ICES division 7e

ANNEX III:

Management areas for sandeel in ICES divisions 2a, 3a and ICES subarea 4

ANNEX IV:

Seasonal closures to protect spawning cod

ANNEX V:

Fishing authorisations

ANNEX VI:

ICCAT Convention area

ANNEX VII:

CCAMLR Convention area

ANNEX VIII:

IOTC Area of Competence

ANNEX IX:

WCPFC Convention area

ANNEX X:

SIOFA Agreement area

ANNEX XI:

Amendments to Regulation (EU) 2023/194 as regards deep-sea stocks


ANNEX I

TACs APPLICABLE TO UNION FISHING VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA

The tables in the Annexes set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and, where appropriate, the conditions functionally linked thereto.

All fishing opportunities set out in the Annexes shall be subject to the rules set out in Regulation (EC) No 1224/2009, and in particular Articles 33 and 34 thereof.

The references to fishing zones in the Annexes are references to ICES zones, unless otherwise specified. Within each area, fish stocks are referred to according to the alphabetical order of the scientific names of the species. Only scientific names identify species for regulatory purposes.

For the purposes of this Regulation, a comparative table of scientific names and common names of the species listed in the Annexes to this Regulation is provided below, for ease of reference. Annexes IA to IL are part of Annex I.

Comparative table of scientific names and common names of the species listed in the Annexes to this Regulation

Scientific name

Alpha-3 code

Common name

Ammodytes spp.

SAN

Sandeels

Aphanopus carbo

BSF

Black scabbardfish

Argentina silus

ARU

Greater silver smelt

Beryx spp.

ALF

Alfonsinos

Brosme brosme

USK

Tusk

Caproidae

BOR

Boarfishes

Centroscymnus coelolepis

CYO

Portuguese dogfish

Chaceon spp.

GER

Deep sea red crabs

Chionoecetes spp.

PCR

Snow crabs

Clupea harengus

HER

Herring

Coryphaenoides rupestris

RNG

Roundnose grenadier

Dissostichus eleginoides

TOP

Patagonian toothfish

Dissostichus mawsoni

TOA

Antarctic toothfish

Dissostichus spp.

TOT

Toothfishes

Engraulis encrasicolus

ANE

Anchovy

Euphausia superba

KRI

Krill

Gadus morhua

COD

Cod

Glyptocephalus cynoglossus

WIT

Witch flounder

Hippoglossoides platessoides

PLA

American plaice

Hoplostethus atlanticus

ORY

Orange roughy

Illex illecebrosus

SQI

Shortfin squid

Lepidorhombus spp.

LEZ

Megrims

Leucoraja fullonica

RJF

Shagreen ray

Leucoraja naevus

RJN

Cuckoo ray

Limanda ferruginea

YEL

Yellowtail flounder

Lophiidae

ANF

Anglerfishes

Macrourus spp.

GRV

Grenadiers

Macrourus berglax

RHG

Roughhead grenadier

Makaira nigricans

BUM

Blue marlin

Mallotus villosus

CAP

Capelin

Melanogrammus aeglefinus

HAD

Haddock

Merlangius merlangus

WHG

Whiting

Merluccius merluccius

HKE

Hake

Micromesistius poutassou

WHB

Blue whiting

Microstomus kitt

LEM

Lemon sole

Molva dypterygia

BLI

Blue ling

Molva molva

LIN

Ling

Nephrops norvegicus

NEP

Norway lobster

Pagellus bogaraveo

SBR

Red seabream

Pandalus borealis

PRA

Northern prawn

Penaeus spp.

PEN

‘Penaeus’ shrimps

Pleuronectes platessa

PLE

Plaice

Pleuronectiformes

FLX

Flatfishes

Pollachius pollachius

POL

Pollack

Pollachius virens

POK

Saithe

Pseudopentaceros spp.

EDW

Pelagic armourheads

Raja brachyura

RJH

Blonde ray

Leucoraja circularis

RJI

Sandy ray

Raja clavata

RJC

Thornback ray

Raja microocellata

RJE

Small-eyed ray

Raja montagui

RJM

Spotted ray

Raja undulata

RJU

Undulate ray

Rajiformes

SRX

Skates and rays

Reinhardtius hippoglossoides

GHL

Greenland halibut

Rostroraja alba

RJA

White skate

Scomber scombrus

MAC

Mackerel

Scophthalmus maximus

TUR

Turbot

Scophthalmus rhombus

BLL

Brill

Sebastes spp.

RED

Redfishes

Solea solea

SOL

Common sole

Solea spp.

SOO

Sole

Sprattus sprattus

SPR

Sprat

Squalus acanthias

DGS

Picked dogfish

Tetrapturus albidus

WHM

White marlin

Thunnus alalunga

ALB

Albacore

Thunnus maccoyii

SBF

Southern bluefin tuna

Thunnus obesus

BET

Bigeye tuna

Thunnus thynnus

BFT

Bluefin tuna

Trachurus murphyi

CJM

Jack mackerel

Trachurus spp.

JAX

Horse mackerel

Trisopterus esmarkii

NOP

Norway pout

Urophycis tenuis

HKW

White hake

Xiphias gladius

SWO

Swordfish

ANNEX IA

SKAGERRAK, KATTEGAT, ICES SUBAREAS 1 to 10, 12 AND 14, UNION WATERS OF CECAF, FRENCH GUIANA WATERS

PART A

Autonomous Union stocks

Table 1

Species:

Anchovy

Engraulis encrasicolus

Zone:

8

(ANE/08.)

Spain

 

29 700

 

Analytical TAC

France

 

3 300

 

Union

 

33 000

 

TAC

 

33 000

 


Table 2

Species:

Anchovy

Engraulis encrasicolus

Zone:

9 and 10; Union waters of CECAF 34.1.1

(ANE/9/3411)

Spain

 

0

(1)

Analytical TAC

Portugal

 

0

(1)

Union

 

0

(1)

TAC

 

0

(1)

(1)

This quota may only be fished from 1 July 2024 to 30 June 2025.


Table 3

Species:

Cod

Gadus morhua

Zone:

Kattegat

(COD/03AS.)

Denmark

 

53,68

(1)(2)

Precautionary TAC

Article 3 of Regulation (EC) No 847/96 shall not apply

Germany

 

1,11

(1)(2)

Sweden

 

32,21

(1)(2)

Union

 

87

(1)(2)

TAC

 

87

(1)(2)

(1)

Exclusively for by-catches. No directed fisheries are permitted under this quota.

(2)

In addition to these quotas, a Member State may grant to fishing vessels flying its flag and participating in trials on remote electronic monitoring an additional allocation, within an overall limit of 30 % of the quota allocated to that Member State. Each fishing vessel participating in trials on remote electronic monitoring shall take no more than 300 kg. Catches from this additional allocation shall be reported separately (COD/03AS_REM). This shall be without prejudice to the relative stability.


Table 4

Species:

Megrims

Lepidorhombus spp.

Zone:

8c, 9 and 10; Union waters of CECAF 34.1.1

(LEZ/8C3411)

Spain

 

3 210

 

Analytical TAC

Article 7(2) of this Regulation applies

France

 

160

 

Portugal

 

107

 

Union

 

3 477

 

TAC

 

3 622

 


Table 5

Species:

Anglerfishes

Lophiidae

Zone:

8c, 9 and 10; Union waters of CECAF 34.1.1

(ANF/8C3411)

Spain

 

3 715

 

Analytical TAC

Article 7(2) of this Regulation applies

France

 

4

 

Portugal

 

739

 

Union

 

4 458

 

TAC

 

4 650

 


Table 6

Species:

Whiting

Merlangius merlangus

Zone:

8

(WHG/08.)

Year

 

Each 2024 and 2025

 

Analytical TAC

Spain

 

539

 

France

 

808

 

Union

 

1 347

 

TAC

 

1 347

 


Table 7

Species:

Hake

Merluccius merluccius

Zone:

8c, 9 and 10; Union waters of CECAF 34.1.1

(HKE/8C3411)

Spain

 

10 921

 

Analytical TAC

Article 7(2) of this Regulation applies

France

 

1 048

 

Portugal

 

5 096

 

Union

 

17 065

 

TAC

 

17 445

 


Table 8

Species:

Norway lobster

Nephrops norvegicus

Zone:

3a

(NEP/03A.)

Denmark

 

5 763

 

Analytical TAC

Germany

 

17

 

Sweden

 

2 062

 

Union

 

7 842

 

TAC

 

8 410

 


Table 9

Species:

Norway lobster

Nephrops norvegicus

Zone:

8a, 8b, 8d and 8e

(NEP/8ABDE.)

Spain

 

239

 

Analytical TAC

France

 

3 738

 

Union

 

3 977

 

TAC

 

5 786

 


Table 10

Species:

Norway lobster

Nephrops norvegicus

Zone:

8c, functional unit 25

(NEP/8CU25)

Year

 

Each 2024 and 2025

 

Analytical TAC

Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply

Article 4 of Regulation (EC) No 847/96 shall not apply

Spain

 

0

 

France

 

0

 

Union

 

0

 

TAC

 

0

 


Table 11

Species:

Norway lobster

Nephrops norvegicus

Zone:

8c, functional unit 31

(NEP/8CU31)

Spain

 

12,40

 

Analytical TAC

France

 

0,00

 

Union

 

12,40

 

TAC

 

12,40

 


Table 12

Species:

Norway lobster

Nephrops norvegicus

Zone:

9 and 10; Union waters of CECAF 34.1.1

(NEP/9/3411)

Spain

 

60

(1)

Precautionary TAC

Portugal

 

179

(1)

Union

 

239

(1)(2)

TAC

 

239

(1)(2)

(1)

Shall not be taken in functional units 26 and 27 of division 9a.

(2)

Within the limit of this quota, no more than the following amount may be taken in functional unit 30 of division 9a (NEP/*9U30):

 

32

 


Table 13

Species:

‘Penaeus’ shrimps

Penaeus spp.

Zone:

French Guiana waters

(PEN/FGU.)

France

 

To be established

(1)

Precautionary TAC

Article 6 of this Regulation applies

Union

 

To be established

(1)(2)

TAC

 

To be established

(1)(2)

(1)

Fishing for shrimps Penaeus subtilis and Penaeus brasiliensis is prohibited in waters less than 30 metres deep.

(2)

Fixed at the same quantity as the quota of France.


Table 14

Species:

Plaice

Pleuronectes platessa

Zone:

Kattegat

(PLE/03AS.)

Denmark

 

1 116

 

Analytical TAC

Article 7(2) of this Regulation applies

Germany

 

13

 

Sweden

 

126

 

Union

 

1 255

 

TAC

 

2 349

 


Table 15

Species:

Plaice

Pleuronectes platessa

Zone:

7b and 7c

(PLE/7BC.)

Year

 

Each 2024, 2025 and 2026

 

Precautionary TAC

France

 

2

 

Ireland

 

13

 

Union

 

15

 

TAC

 

15

 


Table 16

Species:

Plaice

Pleuronectes platessa

Zone:

8, 9 and 10; Union waters of CECAF 34.1.1

(PLE/8/3411)

Year

 

Each 2024 and 2025

 

Precautionary TAC

Spain

 

21

 

France

 

82

 

Portugal

 

21

 

Union

 

124

 

TAC

 

124

 


Table 17

Species:

Pollack

Pollachius pollachius

Zone:

8a, 8b, 8d and 8e

(POL/8ABDE.)

Spain

 

85

(1)

Analytical TAC

France

 

415

(1)

Union

 

500

(1)

TAC

 

500

(1)

(1)

This quota may only be fished from 1 January 2024 to 30 June 2024.


Table 18

Species:

Pollack

Pollachius pollachius

Zone:

8c

(POL/08C.)

Year

 

Each 2024 and 2025

 

Analytical TAC

Spain

 

70

 

France

 

8

 

Union

 

78

 

TAC

 

78

 


Table 19

Species:

Pollack

Pollachius pollachius

Zone:

9 and 10; Union waters of CECAF 34.1.1

(POL/9/3411)

Year

 

Each 2024 and 2025

 

Analytical TAC

Spain

 

93

(1)

Portugal

 

3

(1)(2)

Union

 

96

(1)

TAC

 

96

(2)

(1)

Special condition: of which up to 100 % may be fished in 8c (POL/*08C.).

(2)

In addition to this TAC, Portugal may fish quantities of pollack not exceeding 98 tonnes (POL/93411P).


Table 20

Species:

Common sole

Solea solea

Zone:

3a; Union waters of subdivisions 22-24

(SOL/3ABC24)

Denmark

 

275

 

Analytical TAC

Germany

 

16

(1)

Netherlands

 

26

(1)

Sweden

 

10

 

Union

 

327

 

TAC

 

327

 

(1)

This quota may only be fished in Union waters of 3a and of subdivisions 22-24.


Table 21

Species:

Common sole

Solea solea

Zone:

7b and 7c

(SOL/7BC.)

Year

 

Each 2024, 2025 and 2026

 

Precautionary TAC

France

 

1

 

Ireland

 

14

 

Union

 

15

 

TAC

 

15

 


Table 22

Species:

Common sole

Solea solea

Zone:

8a and 8b

(SOL/8AB.)

Belgium

 

30

 

Analytical TAC

Spain

 

5

 

France

 

2 231

 

Netherlands

 

167

 

Union

 

2 433

 

TAC

 

2 489

 


Table 23

Species:

Sole

Solea spp.

Zone:

8c, 8d, 8e, 9 and 10; Union waters of CECAF 34.1.1

(SOO/8CDE34)

Year

 

Each 2024 and 2025

 

Precautionary TAC

Spain

 

204

 

Portugal

 

337

 

Union

 

541

(1)

TAC

 

541

(1)

(1)

Within the limits of these quotas, no more than the following quantity of common sole (Solea solea) shall be taken (SOL/8CDE34):

 

 

209

 


Table 24

Species:

Horse mackerel

Trachurus spp.

Zone:

9

(JAX/09.)

Spain

 

43 032

(1)

Analytical TAC

Article 7(2) of this Regulation applies

Portugal

 

123 295

(1)

Union

 

166 327

 

TAC

 

173 873

 

(1)

Special condition: up to 0 % of this quota may be fished in 8c (JAX/*08C.).


Table 25

Species:

Horse mackerel

Trachurus spp.

Zone:

10; Union waters of CECAF(1)

(JAX/X34PRT)

Portugal

 

To be established

 

Precautionary TAC

Article 6 of this Regulation applies

Union

 

To be established

(2)

TAC

 

To be established

(2)

(1)

Waters adjacent to the Azores.

(2)

Fixed at the same quantity as the quota of Portugal.


Table 26

Species:

Horse mackerel

Trachurus spp.

Zone:

Union waters of CECAF (1)

(JAX/341PRT)

Portugal

 

To be established

 

Precautionary TAC

Article 6 of this Regulation applies

Union

 

To be established

(2)

TAC

 

To be established

(2)

(1)

Waters adjacent to Madeira.

(2)

Fixed at the same quantity as the quota of Portugal.


Table 27

Species:

Horse mackerel

Trachurus spp.

Zone:

Union waters of CECAF (1)

(JAX/341SPN)

Spain

 

To be established

 

Precautionary TAC

Article 6 of this Regulation applies

Union

 

To be established

(2)

TAC

 

To be established

(2)

(1)

Waters adjacent to the Canary Islands.

(2)

Fixed at the same quantity as the quota of Spain.

PART B

Shared stocks

Table 1

Species:

Sandeel and associated by-catches

Ammodytes spp.

Zone:

United Kingdom and Union waters of 4; United Kingdom waters of 2a; Union waters of 3a

Denmark

 

0

(1)

Analytical TAC

Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply

Article 4 of Regulation (EC) No 847/96 shall not apply

Germany

 

0

(1)

Sweden

 

0

(1)

Union

 

0

 

United Kingdom

 

0

 

TAC

 

0

 

(1)

Up to 2 % of the quota may consist of by-catches of whiting and mackerel (OT1/*2A3A4X). By-catches of whiting and mackerel counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota.

Special condition: within the limits of these quotas, no more than the quantities given below may be taken in the following sandeel management areas, as defined in Annex III:

 

Zone: United Kingdom and Union waters of sandeel management areas

 

1r

2r

3r

4

5r

6

7r

 

(SAN/234_1R) (1)

(SAN/234_2R) (1)

(SAN/234_3R) (1)

(SAN/234_4) (1)

(SAN/234_5R) (1)

(SAN/234_6) (1)

(SAN/234_ 7R) (1)

Denmark

0

0

0

0

0

0

0

Germany

0

0

0

0

0

0

0

Sweden

0

0

0

0

0

0

0

Union

0

0

0

0

0

0

0

United Kingdom

0

0

0

0

0

0

0

Total

0

0

0

0

0

0

0

(1)

Up to 10 % of this quota can be banked and used in the following year only within this management area.


Table 2

Species:

Greater silver smelt

Argentina silus

Zone:

United Kingdom and international waters of 1 and 2

(ARU/1/2.)

Germany

 

14

 

Precautionary TAC

France

 

5

 

Netherlands

 

12

 

Union

 

31

 

United Kingdom

 

24

 

TAC

 

55

 


Table 3

Species:

Greater silver smelt

Argentina silus

Zone:

United Kingdom and Union waters of 4; Union waters of 3a

(ARU/3A4-C)

Denmark

 

662

 

Precautionary TAC

Germany

 

7

 

France

 

5

 

Ireland

 

5

 

Netherlands

 

31

 

Sweden

 

26

 

Union

 

736

 

United Kingdom

 

12

 

TAC

 

748

 


Table 4

Species:

Greater silver smelt

Argentina silus

Zone:

6 and 7; United Kingdom and international waters of 5

(ARU/567.)

Germany

 

640

 

Precautionary TAC

France

 

13

 

Ireland

 

593

 

Netherlands

 

6 683

 

Union

 

7 929

 

United Kingdom

 

469

 

TAC

 

8 398

 


Table 5

Species:

Tusk

Brosme brosme

Zone:

United Kingdom and international waters of 1, 2 and 14

(USK/1214EI)

Germany

 

4,5

(1)

Precautionary TAC

France

 

4,5

(1)

Others

 

2

(1)(2)

Union

 

11

(1)

United Kingdom

 

5

(1)

TAC

 

16

(1)

(1)

Exclusively for by-catches. No directed fisheries are permitted under this TAC.

(2)

Catches to be counted against this shared quota shall be reported separately (USK/1214EI_AMS).


Table 6

Species:

Tusk

Brosme brosme

Zone:

United Kingdom and Union waters of 4

(USK/04-C.)

Denmark

 

56

(1)

Precautionary TAC

Germany

 

17

(1)

France

 

39

(1)

Sweden

 

6

(1)

Others

 

6

(2)

Union

 

124

(1)

United Kingdom

 

84

(1)

TAC

 

208

 

(1)

Special condition: of which up to 25 % may be fished in United Kingdom, Union and international waters of 6a north of 58°30'N (USK/*6AN58).

(2)

Exclusively for by-catches. No directed fisheries are permitted under this quota. Catches to be counted against this shared quota shall be reported separately (USK/04-C_AMS).


Table 7

Species:

Tusk

Brosme brosme

Zone:

6 and 7; United Kingdom and international waters of 5

(USK/567EI.)

Germany

 

95

(1)

Precautionary TAC

Spain

 

334

(1)

France

 

3 962

(1)

Ireland

 

382

(1)

Others

 

95

(2)

Union

 

4 868

(1)

Norway

 

0

(3)(4)(5)

United Kingdom

 

2 072

(1)

TAC

 

6 940

 

(1)

Special condition: of which up to 10 % may be fished in United Kingdom and Union waters of 4 (USK/*04-C.).

(2)

Exclusively for by-catches. Catches to be counted against this shared quota shall be reported separately (USK/567EI_AMS).

(3)

Special condition: of which an incidental catch of other species of 25 % per vessel, at any moment, is authorised in 6 and 7 and in United Kingdom and international waters of 5. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in 6 and 7 and in United Kingdom and international waters of 5 shall not exceed the amount (OTH/*5B67-) given below. By-catch of cod under this provision in area 6a may not be more than 5 %.

 

0

 

(4)

Including ling. The following quotas for Norway shall only be fished with longlines in 6 and 7 and in United Kingdom and international waters of 5:

Ling (LIN/*5B67-)

0

 

Tusk (USK/*5B67-)

0

 

(5)

The tusk and ling quotas for Norway are interchangeable up to the following amount:

 

0

 


Table 8

Species:

Tusk

Brosme brosme

Zone:

Norwegian waters of 4

(USK/04-N.)

Belgium

 

0

 

Precautionary TAC

Article 3 of Regulation (EC) No 847/96 shall not apply

Denmark

 

50

 

Germany

 

0

 

France

 

0

 

Netherlands

 

0

 

Union

 

50

 

TAC

 

Not relevant

 


Table 9

Species:

Boarfishes

Caproidae

Zone:

6, 7 and 8

(BOR/678-)

Denmark

 

6 711

 

Precautionary TAC

Ireland

 

18 899

 

Union

 

25 610

 

United Kingdom

 

1 739

 

TAC

 

27 349

 


Table 10

Species:

Herring(1)

Clupea harengus

Zone:

3a

(HER/03A.)

Denmark

 

12 498

(1)(2)(3)

Analytical TAC

Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply

Article 4 of Regulation (EC) No 847/96 shall not apply

Germany

 

200

(1)(2)(3)

Sweden

 

13 073

(1)(2)(3)

Union

 

25 771

(1)(2)(3)

Norway

 

3 964

(2)

TAC

 

29 735

 

(1)

Catches of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.

(2)

Only the following amounts of the herring stocks HER/03A. (HER/*03A.) and HER/03A-BC (HER/*03A-BC) may be fished in 3a:

Denmark

554

 

Germany

8

 

Sweden

407

 

Union

969

 

Norway

167

 

(3)

Special condition: up to 50 % of this amount may be fished in United Kingdom waters of 4 (HER/*4-UK), and 50 % may be fished in Union waters of 4b (HER/*4B-EU).


Table 11

Species:

Herring(1)

Clupea harengus

Zone:

Union, United Kingdom and Norwegian waters of 4 north of 53°30'N

(HER/4AB.)

Denmark

 

77 892

 

Analytical TAC

Article 7(2) of this Regulation applies

Germany

 

48 595

 

France

 

21 783

 

Netherlands

 

56 422

 

Sweden

 

4 765

 

Union

 

209 457

 

Faroe Islands

 

0

 

Norway

 

147 994

(2)

United Kingdom

 

96 736

 

TAC

 

510 323

 

(1)

Catches of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.

(2)

Catches taken within this quota are to be deducted from Norway’s share of the TAC. Within the limit of this quota, no more than the following quantity may be taken in Union waters of 4b (HER/*04B-C):

2 700

 

Special condition: within the limits of these quotas, no more than the quantities given below may be taken by the Union in Norwegian waters south of 62°N:

Norwegian waters south of 62oN (HER/*4N-S62)

Union

2 700

 


Table 12

Species:

Herring

Clupea harengus

Zone:

Norwegian waters south of 62oN

(HER/4N-S62)

Sweden

 

1 128

(1)

Analytical TAC

Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply

Union

 

1 128

 

TAC

 

Not relevant

 

(1)

By-catches of cod, haddock, pollack, whiting and saithe are to be counted against the quota for these species.


Table 13

Species:

Herring

Clupea harengus

Zone:

3a

(HER/03A-BC)

Denmark

 

5 692

(1)(2)(3)

Analytical TAC

Article 7(2) of this Regulation applies

Germany

 

51

(1)(2)(3)

Sweden

 

916

(1)(2)(3)

Union

 

6 659

(1)(2)(3)

TAC

 

6 659

(2)

(1)

Exclusively for catches of herring taken as by-catch in fisheries using nets with mesh sizes smaller than 32 mm.

(2)

Only the following amounts of the herring stocks HER/03A. (HER/*03A) and HER/03A-BC (HER/*03A-BC) may be fished in 3a:

Denmark

554

 

Germany

8

 

Sweden

407

 

Union

969

 

(3)

Special condition: up to 100 % of this quota may be fished in Union waters of 4 (HER/*4-EU-BC).


Table 14

Species:

Herring(1)

Clupea harengus

Zone:

4 and 7d; United Kingdom waters of 2a

(HER/2A47DX)

Belgium

 

38

 

Analytical TAC

Article 7(2) of this Regulation applies

Denmark

 

7 388

 

Germany

 

38

 

France

 

38

 

Netherlands

38

 

Sweden

 

36

 

Union

 

7 576

 

United Kingdom

140

 

TAC

 

7 716

 

(1)

Exclusively for catches of herring taken as by-catch in fisheries using nets with mesh sizes smaller than 32 mm.


Table 15

Species:

Herring(1)

Clupea harengus

Zone:

4c and 7d (2)

(HER/4CXB7D)

Belgium

 

9 170

(3)

Analytical TAC

Article 7(2) of this Regulation applies

Denmark

 

1 223

(3)

Germany

 

763

(3)

France

 

13 741

(3)

Netherlands

24 430

(3)

Union

 

49 327

(3)

United Kingdom

6 809

(3)

TAC

 

510 323

 

(1)

Exclusively for catches of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.

(2)

Except Blackwater stock, namely the herring stock in the maritime region of the Thames estuary within a zone delimited by a rhumb line running due south from Landguard Point (51°56'N, 1°19,1'E) to latitude 51°33'N and hence due west to a point on the coast of the United Kingdom.

(3)

Special condition: up to 50 % of this quota may be taken in 4b (HER/*04B.).


Table 16

Species:

Herring

Clupea harengus

Zone:

6b and 6aN; United Kingdom and international waters of 5b (1)

(HER/5B6ANB)

Germany

 

140

(2)

Precautionary TAC

Article 3 of Regulation (EC) No 847/96 shall not apply

France

 

26

(2)

Ireland

 

189

(2)

Netherlands

140

(2)

Union

 

495

(2)

United Kingdom

959

(2)

TAC

 

1 454

 

(1)

Reference is to the herring stock in the part of division 6a which lies east of 7°W and north of 55°N, or west of 7°W and north of 56°N, excluding the Clyde.

(2)

It shall be prohibited to target any herring in the part of the divisions subject to this TAC that lies between 56°N and 57°30'N, with the exception of a six nautical mile belt measured from the baseline of the United Kingdom’s territorial sea.


Table 17

Species:

Herring

Clupea harengus

Zone:

6aS (1) , 7b, 7c

(HER/6AS7BC)

Ireland

 

2 064

 

Precautionary TAC

Article 3 of Regulation (EC) No 847/96 shall not apply

Netherlands

206

 

Union

 

2 270

 

TAC

 

2 270

 

(1)

Reference is to the herring stock in 6a south of 56°00'N and west of 07°00'W.


Table 18

Species:

Herring

Clupea harengus

Zone:

7a (1)

(HER/07A/MM)

Ireland

 

218

 

Analytical TAC

Article 7(2) of this Regulation applies

Union

 

218

 

United Kingdom

7 061

 

TAC

 

7 279

 

(1)

This zone is reduced by the area bounded:

to the north by latitude 52°30'N,

to the south by latitude 52°00'N,

to the west by the coast of Ireland,

to the east by the coast of the United Kingdom.


Table 19

Species:

Herring

Clupea harengus

Zone:

7e and 7f

(HER/7EF.)

France

 

223

 

Precautionary TAC

Union

 

223

 

United Kingdom

223

 

TAC

 

446

 


Table 20

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Species:

Herring

Clupea harengus

Zone:

7a south of 52°30'N; 7g (1) , 7h (1) , 7j (1) and 7k (1)

(HER/7G-K.)

Germany

 

10

(2)

Analytical TAC

Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply

Article 4 of Regulation (EC) No 847/96 shall not apply

France

 

54

(2)

Ireland

 

750

(2)

Netherlands

54

(2)

Union

 

868

(2)

United Kingdom

1

(3)

TAC

 

869

 

(1)

This zone is increased by the area bounded:

to the north by latitude 52°30'N,

to the south by latitude 52°00'N,

to the west by the coast of Ireland,

to the east by the coast of the United Kingdom.

(2)

This quota may only be allocated to vessels participating in the sentinel fishery to allow fisheries-based data collection for this stock as assessed by ICES. The Member States concerned shall communicate the name(s) of the vessel(s) to the Commission before allowing any catches.

(3)

This quota may only be allocated to vessels participating in the sentinel fishery to allow fisheries-based data collection for this stock as assessed by ICES. United Kingdom fisheries administrations shall communicate the name(s) of the vessel(s) to the Marine Management Organisation before allowing any catches.