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Summaries of EU Legislation

Fishing opportunities in EU and non-EU waters (2022)

 

SUMMARY OF:

Regulation (EU) 2022/109 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in EU waters and for EU fishing vessels in certain non-EU waters

WHAT IS THE AIM OF THE REGULATION?

  • It sets out the 2022 fishing opportunities for certain fish stocks and groups of fish stocks, applicable in European Union (EU) waters and, for EU fishing vessels, in certain non-EU waters.
  • It lists the definitions and the fishing zones that apply for the purposes of the regulation.

KEY POINTS

The fishing opportunities covered by the regulation include:

  • catch limits for 2022 and, where specified in the regulation, for 2023;
  • fishing effort limits for 2022, except the fishing effort limits set out in the regulation’s Annex II, which apply from 1 February 2022 to 31 January 2023;
  • fishing opportunities for the period from 1 December 2021 to 30 November 2022 for certain stocks in the Conservation of Antarctic Marine Living Resources Convention area.

This regulation is amended by Regulation (EU) 2022/515.

Scope

The regulation applies to:

  • EU-registered fishing vessels and non-EU vessels fishing in EU waters;
  • recreational fisheries*, where these are expressly referred to in the regulation;
  • commercial fisheries from shore.

Besides the fishing opportunities that the EU sets autonomously, the regulation covers fishing opportunities resulting from multilateral or bilateral fisheries arrangements, namely:

Fishing opportunities for EU vessels in EU waters

The Council is responsible for setting total allowable catches (TACs).

  • TACs set out the maximum quantity of fish of different species that can be caught during the year.
  • The set limits follow the principle of sustainable exploitation of the various stocks in line with maximum sustainable yield*.
  • Multiannual management plans have been adopted for EU fishery regions, which include goals for fish stock management.
  • The TAC for each individual species is divided into quotas – proportions of the TAC assigned to the EU, the EU Member States or non-EU countries.

Total allowable catches for shared fishing stocks

For fishing stocks shared with Norway and the United Kingdom, the regulation originally set provisional TACs, pending the conclusion of consultations.

  • The EU and Norway conducted bilateral consultations for shared stocks in the North Sea and the Skagerrak in November and December 2021.
  • On 21 December 2021, the EU and the United Kingdom agreed to set large number of TACs for 2022 following bilateral discussions under the Trade and Cooperation Agreement, replacing the provisional TACs and implementing other linked measures. Details are set out in Regulation (EU) 2022/515, which amends this regulation.

Landing obligation

Since 1 January 2019, all EU fishing fleets have been required to adhere to the landing obligation, which has ended the practice of discarding. The regulation:

  • states that all catches of regulated commercial species taken on board (including by-catch*) be landed and counted against each Member State’s respective quotas;
  • introduces a pool for quota exchanges for those Member States that have no quota to cover their unavoidable by-catches.

Remedial measures

The regulation lists the measures that are functionally linked to fishing opportunities and are to be applied in various fishing zones, along with remedial measures to ensure the rapid return of the stock to levels above the level capable of producing maximum sustainable yield.

Prohibited species

The regulation lists the fishing zones in which fishing vessels are prohibited from fishing, retaining on board, transshipping* or landing certain species.

Fishing authorisations for EU vessels in non-EU waters

  • The maximum number of fishing authorisations for EU-registered fishing vessels in non-EU waters is set out in Part A of Annex V to the regulation.
  • Member States are able to transfer quotas among themselves, but any transfer must include an appropriate transfer of fishing authorisations and be notified to the European Commission.

Fishing opportunities for EU vessels in waters managed by regional fisheries management organisations

This part of Regulation (EU) 2022/109 is broken down by the regional fishing areas covered by their respective conventions.

For each area, the regulation stipulates:

  • any limitations of fishing capacity of vessels that may exist;
  • the types of fishing activities that can be undertaken;
  • the types of nets that can be used and the types of buoys that are required;
  • prohibitions on fishing for given species.

Fishing opportunities for non-EU vessels in EU waters

  • Vessels flying the flag of Norway or registered in the Faroes and vessels flying the flag of the United Kingdom (UK), registered in the UK and licensed by a UK fisheries administration, may be authorised to fish in EU waters within the TACs set out in Annex I to this regulation, and are subject to the conditions provided for in this regulation and Regulation (EU) 2017/2403 on the sustainable management of external fishing fleets (see summary).
  • A Member State intending to transfer or exchange quotas with the UK may discuss it in outline but must notify the Commission of the outline for endorsement. The Commission then notifies the two parties of the agreed quota transfer or exchange. Fishing opportunities received from or transferred to the UK under the agreed quota transfer or exchange are deemed to be quotas allocated to, or deducted from, the allocation of the Member State concerned. Such transfers and exchanges do not affect the distribution key for allocating fishing opportunities among Member States.
  • Vessels flying the flag of Venezuela are subject to the conditions laid down in Regulation (EU) 2022/109 and in Regulation (EU) 2017/2403.
  • Regulation (EU) 2022/109 also lists species which non-EU registered vessels, whenever they are found in EU waters, are prohibited to fish, retain on board, transship or land.

Annexes

There are nine annexes to the regulation.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 1 January 2022.

BACKGROUND

EU fishing opportunities regulations must limit the harvesting of fish stocks to levels that are consistent with the overall objectives of the common fisheries policy. Regulation (EU) No 1380/2013 on the common fisheries policy (see summary) sets out the objectives for the annual proposals for catch and fishing effort limitations to ensure that EU fisheries are ecologically, economically and socially sustainable.

For further information, see:

KEY TERMS

Recreational fisheries. Non-commercial fishing activities exploiting marine biological resources such as recreation, tourism or sport.
Maximum sustainable yield. The largest yield (catch) that can be taken from the stock of a species over an indefinite period without endangering its survival.
By-catch. Unwanted fish and marine species caught unintentionally.
Transshipping. The transfer of a catch from a smaller fishing boat to a larger one, which then incorporates it into a larger batch for shipment.

MAIN DOCUMENT

Council Regulation (EU) 2022/109 of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and for Union fishing vessels in certain non-Union waters (OJ L 21, 31.1.2022, pp. 1–164).

Successive amendments to Regulation (EU) 2022/109 have been incorporated in the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Council Regulation (EU) 2022/515 of 31 March 2022 amending Regulation (EU) 2022/109 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and for Union fishing vessels in certain non-Union waters (OJ L 104, 1.4.2022, pp. 1–50).

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 (OJ L 149, 30.4.2021, pp. 10–2539).

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, pp. 105–201).

See consolidated version.

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, pp. 1–13).

See consolidated version.

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, pp. 81–104).

Regulation (EU) 2016/1627 of the European Parliament and of the Council of 14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009 (OJ L 252, 16.9.2016, pp. 1–52).

See consolidated version.

Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, pp. 1–15).

See consolidated version.

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, pp. 22–61).

See consolidated version.

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community 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, pp. 1–50).

See consolidated version.

last update 12.05.2022

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