(1)

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)

It is incumbent on the Council to adopt measures on the fixing and allocation of fishing opportunities, including conditions functionally linked thereto, 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. In addition, for stocks subject to specific multiannual plans (MAPs), total allowable catches (TACs) should be established in accordance with the targets and measures laid down in those plans. 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)

TACs should be established, in accordance with Regulation (EU) No 1380/2013, on the basis of available scientific advice, taking into account biological and socioeconomic aspects while ensuring fair treatment between fishing sectors, and in the light of opinions expressed during the consultation of stakeholders, in particular in meetings of the advisory councils. TACs should also be established in accordance with the relevant MAPs.

(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 has adopted a number of delegated regulations laying down details for the implementation of the landing obligation in the form of discard plans for specific 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 (rather than that for landings or rather wanted 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.

(6)

There are certain stocks for which ICES advises zero catches. However, if TACs for those stocks are established at the advised level, the obligation to land all catches, including by-catches from those stocks in mixed fisheries, would give rise to the phenomenon of ‘choke species’. In order to strike a balance between maintaining fisheries, in view of the potentially severe socioeconomic 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 maximum sustainable yield (MSY), it is appropriate to establish specific TACs for by-catches for those stocks. Those TACs should be set at levels that ensure that the mortality for those stocks is decreased and that provide incentives to improve selectivity and to 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. Technical and control measures that are intrinsically linked to fishing opportunities should also be established to prevent illegal discarding.

(7)

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.

(8)

The North Sea MAP was established by Regulation (EU) 2018/973 of the European Parliament and of the Council (2) and entered into force in 2018. The Western Waters MAP was established by Regulation (EU) 2019/472 of the European Parliament and of the Council (3) and entered into force in 2019. Fishing opportunities for stocks listed in Article 1(1) of those Regulations should be fixed in accordance with the range of fishing mortality values resulting in MSY (‘range of FMSY’) and the safeguards provided for in those Regulations. The ranges of FMSY have been set out in the relevant ICES advice. Where no adequate scientific information is available, fishing opportunities for by-catch stocks should be fixed in accordance with the precautionary approach, as set out in those Regulations.

(9)

In accordance with Article 7 of Regulation (EU) 2018/973 and Article 8 of Regulation (EU) 2019/472, where scientific advice indicates that the spawning stock biomass of any of the stocks referred to in Article 1(1) of that Regulation 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.

(10)

The TACs for bluefin tuna (Thunnus thynnus) in the eastern Atlantic and the Mediterranean should be established in accordance with the rules laid down in Regulation (EU) 2016/1627 of the European Parliament and of the Council (5).

(11)

For stocks for which there is a lack of sufficient or reliable data on which to base stock size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management, as defined in Article 4(1), point (8), of Regulation (EU) No 1380/2013, while taking account of stock-specific factors, in particular available information on stock trends and mixed fisheries considerations.

(12)

In accordance with the Western Waters MAP established by Regulation (EU) 2019/472, the target fishing mortality for the stocks listed in Article 1(1) of that Regulation is to be maintained within the ranges of FMSY defined in Article 2, point (2), of that Regulation, in accordance with Article 4 thereof. The overall fishing mortality for European seabass (Dicentrarchus labrax) in ICES divisions 8a and 8b should therefore be set in accordance with ICES MSY advice and with the FMSY point value, taking into account commercial catches, including landings and discards, and recreational catches. FMSY point value is the fishing mortality value that gives the long-term MSY. The relevant Member States (France and Spain) should take appropriate measures to ensure that the fishing mortality from their fleets and recreational fishers does not exceed the FMSY point value, as required by Article 4(3) of Regulation (EU) 2019/472.

(13)

Measures for recreational fisheries for European seabass in ICES divisions 8a and 8b should be maintained, in view of their significant impact on that stock. The bag limit should be maintained in line with the scientific advice. Fixed nets should be excluded, as they are insufficiently selective and likely to catch a number of specimens exceeding the established limits. In view of the environmental, social and economic circumstances, especially the dependency of commercial fishers in coastal communities on the stocks in question, the measures for European seabass strike an appropriate balance between the interests of commercial and recreational fishers. In particular, the measures allow recreational fishers to fish by taking account of their impact on the stocks.

(14)

On 4 November 2021, ICES advised that, for 2022, 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. This applies to both recreational and commercial catches and includes catches of glass eels for restocking and farming. ICES also acknowledged that catches for the sole purpose of subsequent release may be part of conservation measures if such measures improve the overall survival probability. The Commission consulted the Advisory Councils and the regional Member States groups on how to best implement this ICES advice. Furthermore, on 30 May 2022, ICES noted that despite Member States’ efforts, 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 (6), and that no clear patterns for mortality were observed. ICES also advised that the efforts should be focused on conservation measures that, by definition, have a high probability of reducing mortality and increasing escapement.

(15)

At its 45th annual meeting in 2022, the General Fisheries Commission for the Mediterranean (GFCM) adopted Recommendation GFCM/45/2022/1 strengthening the management measures for European eel in the Mediterranean Sea (GFCM geographical subareas 1 to 27), previously established by Recommendation GFCM/42/2018/1. Those measures include an annual closure period of six months to be determined by each Contracting Party in accordance with the management plan or plans for eel and the temporal migration patterns of eel in the Contracting Parties, as well as a prohibition of recreational fisheries. Contracting Parties may decide to establish a closure period of six consecutive months or establish a closure period from 1 January to 31 March and three additional months to be chosen between 1 April and 30 November. The closure period for commercial activity and the prohibition of recreational fisheries should apply to all marine waters of the Mediterranean Sea and to brackish waters such as estuaries, coastal lagoons and transitional waters, in accordance with Recommendation GFCM/45/2022/1. Those measures should be implemented in Union law. Since Recommendation GFCM/45/2022/1 does not apply to the Black Sea and since the Black Sea and the river systems connected to it do not constitute a natural habitat for European eel for the purposes of Regulation (EC) No 1100/2007 (7), the measures regarding eel should not apply to the Black Sea (GFCM geographical subarea 29).

(16)

On 3 November 2022, ICES reiterated for 2023 its zero catch advice for eel in all habitats. Based on that advice, and taking into account the feedback received during the stakeholder consultation, it is appropriate to extend to six months the closure period for any eel fishing activity in Union waters of the north-east Atlantic. A six-month closure period should better protect the stock than the current Union and national measures. The extended closure period while allowing for continuing restocking measures will contribute to the recovery of the eel stock and thereby further the achievement of the escapement objective of at least 40 % of adult eels set out in Council Regulation (EC) No 1100/2007.

(17)

In all relevant waters 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, and depending on the habitat and geographic 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 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 respectively the glass eel and silver eel life stage. The Member States concerned should determine the relevant closure period or periods based on those elements.

(18)

Pursuant to Council 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 this conservation measure, glass eel catches at the appropriate time of the year are required. In order to ensure the economic viability of the glass eel fishery, it is necessary to allow catching some glass eel also for other purposes. Finally, given the state of the eel stock, it is appropriate to prohibit recreational fisheries of eel.

(19)

Scientific advice for stocks of elasmobranchs (skates, sharks, rays) is zero catches, due to their poor conservation status. In addition, high survival rates mean that discarding, rather than landing catches, would support the conservation of those stocks, as discarding is not considered to raise significantly their fishing mortality. Fishing of such species should therefore be prohibited. 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.

(20)

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 on fishing them.

(21)

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 vessels operating in Union waters.

(22)

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.

(23)

Council Regulation (EC) No 847/96 (8) introduced additional conditions for the year-to-year management of TACs including flexibility provisions for precautionary and analytical TACs (Articles 3 and 4). Under Article 2 of that Regulation, when establishing 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. Article 15(9) of Regulation (EU) No 1380/2013 introduced a year-to-year flexibility mechanism for all stocks that are subject to the landing obligation. In order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of marine biological resources, the achievement of the objectives of the CFP and the biological status of the stocks, Articles 3 and 4 of Regulation (EC) No 847/96 should apply to analytical TACs only where the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used.

(24)

Where a TAC is allocated to one Member State only, it is appropriate to empower that Member State, in accordance with Article 2(1) of the Treaty on the Functioning of the European Union (TFEU), to determine that TAC. It should be ensured that, when determining the TAC level, the Member State acts in a manner that is fully consistent with the principles and rules of the CFP.

(25)

It is necessary to establish the fishing effort ceilings for 2023 in accordance with Articles 5, 6, 7 and 9 of, and Annex I to, Regulation (EU) 2016/1627.

(26)

The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (9), 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.

(27)

At its 2022 annual meeting, the North-East Atlantic Fisheries Commission (NEAFC) confirmed 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 prohibited 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. The NEAFC did not adopt recommendations for redfish and for Greenland halibut in ICES subareas 1 and 2. The Union quotas should therefore be fixed in line with the Union position expressed in NEAFC. However, as the discussions on the implementation of the Union-Norway political understanding in relation to the fisheries in ICES areas 1 and 2 are ongoing, it is appropriate that the Union establishes after 31 March 2023 the TAC for redfish in international waters of ICES subareas 1 and 2, because the fishery is limited to the period from 1 July to 31 December 2023, and that the Union establishes a provisional Union quota for Greenland halibut in international waters of ICES subareas 1 and 2 for the first quarter of 2023 at 25 % of the overall Union quota of 1 711 tonnes, corresponding to 9,25 % of the TAC as proposed by the EU at the NEAFC annual meeting (18 494 tonnes).

(28)

At its 2022 annual meeting, the International Commission for the Conservation of Atlantic Tunas (ICCAT) agreed to maintain in 2023 the TACs set in 2022 for Mediterranean and North Atlantic swordfish (Xiphias gladius), Mediterranean albacore (Thunnus alalunga), blue marlin (Makaira nigricans), white marlin (Tetrapturus albidus), yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and blue shark (Prionace glauca). ICCAT also set for 2023 TACs for bluefin tuna (Thunnus thynnus) and for South Atlantic swordfish of 40 570 and 10 000 tonnes respectively. ICCAT adopted also allocated quotas for Mediterranean albacore for 2023 and 2024. Those measures should be implemented in Union law.

(29)

For the first time, ICCAT also adopted a management procedure (MP) for Atlantic bluefin tuna. This measure aims to ensure long-term, sustainable and profitable fisheries of both the western stock and eastern Atlantic and Mediterranean stock. The MP implements the management objectives for Eastern and Western Bluefin Tuna, including the adoption of management cycles of three years, and an implementation schedule up to 2028. The TAC pursuant to the MP for the period 2023-2025 is 40 570 tonnes per year for the eastern Atlantic and Mediterranean stock. Those measures should therefore be implemented in Union law.

(30)

ICCAT adopted a management plan for South Atlantic shortfin mako (Isurus oxyrinchus) caught in association with other ICCAT fisheries, starting in 2023 to counteract overfishing immediately, and gradually achieve biomass levels sufficient to support MSY. This plan allows for a retention of by-catches of South Atlantic shortfin mako at a total of 1 295 tonnes, representing 503 tonnes for the Union. According to the ICCAT Recommendation, the limited retention allowance does not constitute any long term-right and is without prejudice to any future process of allocation. This measure should therefore be implemented in Union law by establishing a by-catch TAC and a corresponding Union quota.

(31)

In order to reduce the fishing mortality of juvenile bigeye and yellowfin tuna, ICCAT also maintained a maximum limit of 300 fish aggregating devices (FADs) per fishing vessel in 2023 and a seventy-two-day closure period for the use of FADs. Those measures should be implemented in Union law.

(32)

At its 2021 annual meeting, ICCAT adopted a 15-year rebuilding plan for Mediterranean albacore from 2022 to 2036. For 2023, ICCAT set the TAC for Mediterranean albacore at 2 500 tonnes. In addition, ICCAT set a TAC for North Atlantic albacore of 37 801 tonnes for the period from 2022 to 2023, based on the harvest control rule with a view to adopting a long-term MP for this stock. Those measures should be implemented in Union law.

(33)

Under several ICCAT recommendations, the Union may upon request carry over a percentage of its unused quota of ICCAT stocks in the period of two years. Those recommendations should be implemented in Union law on the basis of the Commission proposal of 21 April 2022 (10) as soon as possible, so that the Member States can use the Union quotas for ICCAT stocks in their totality as provided by ICCAT for 2023. Pending the implementation of those recommendations in Union law, quotas should be established for individual Member States for certain stocks on the basis of a total Union quota for 2023 as agreed by ICCAT before any adjustments due to overfishing or underfishing by Member States. The adjustments to the quotas of individual Member States for 2023 reflecting any deductions applied by ICCAT should be carried out subsequently on the basis of Union rules on deductions pursuant to Article 105 of Regulation (EC) No 1224/2009 and taking into account the Communication from the Commission (11) on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of that Regulation.

(34)

At its 2022 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 2022 to 30 November 2023. Those measures should be implemented in Union law.

(35)

At its 2022 annual meeting, the Indian Ocean Tuna Commission (IOTC), maintained the previously adopted measures applicable in the IOTC Area of Competence. Those measures should continue to be implemented in Union law.

(36)

The annual meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) will be held from 6 to 15 February 2023. 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 2023 are determined.

(37)

At its 2022 annual meeting, the Inter-American Tropical Tuna Commission (IATTC) decided to maintain the current measures applicable in the Convention area. Those measures should be implemented in Union law.

(38)

At its 2022 annual meeting, the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) confirmed the TAC for Southern bluefin tuna (Thunnus maccoyii) for 2023, as adopted at the 2020 annual meeting for a three-year period (from 2021 to 2023). That measure should be implemented in Union law.

(39)

At its 2022 annual meeting, the South East Atlantic Fisheries Organisation (SEAFO) decided to maintain in 2023 most of the TACs set for 2022 for the species under its purview until its 2023 annual meeting.

(40)

At its 2022 annual meeting, the Western and Central Pacific Fisheries Commission (WCPFC) decided to maintain the current measures applicable in the WCPFC Convention area. Those measures should be implemented in Union law.

(41)

At its 44th annual meeting in 2022, the Northwest Atlantic Fisheries Organisation (NAFO) adopted fishing opportunities for certain stocks in subareas 1 to 4 of the NAFO Convention area for 2023. Those measures should be implemented in Union law.

(42)

At its 9th annual meeting in 2022, the Southern Indian Ocean Fisheries Agreement (SIOFA) maintained the previously adopted fishing opportunities for the stocks covered by that Agreement. Those measures should continue to be implemented in Union law.

(43)

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 (12) (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 its Annex 35 of the Trade and Cooperation Agreement. If such TACs are not concluded 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.

(44)

In 2022, 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 all three Parties, with the aim to agree on the management of those stocks including the fishing opportunities for 2023. Those consultations were conducted between 3 November and 9 December 2022, on the basis of the Union position endorsed by the Council on 20 October 2022. The outcome of the consultations was documented in an Agreed Record, signed by the Head of Delegations of the Union, the United Kingdom and Norway on 9 December 2022. The relevant fishing opportunities should therefore be fixed at the level agreed with the United Kingdom and Norway, together with the other provisions of the Agreed Record.

(45)

Remedial measures jointly agreed in 2022 with the United Kingdom and Norway on North Sea cod are maintained to allow for the recovery and long-term sustainable management of the stock in line with Article 13 of Regulation (EU) 2018/973.

(46)

The Union holds bilateral consultations annually with Norway on two shared and jointly managed stocks in the Skagerrak area, with the aim to agree on management of those stocks including the fishing opportunities for the next year, as well as exchange of quotas and access arrangements.

(47)

The Union holds multilateral consultations with coastal States on the setting of fishing opportunities for large pelagic stocks including mackerel, blue whiting and Atlanto-Scandian herring and on a sharing arrangement for mackerel.

(48)

As the bilateral consultations with Norway have not yet been concluded, the Council should, in full respect of the United Nations Convention on the Law of the Sea (UNCLOS), set provisional TACs to be fished in Union and international waters, and waters to which the Union fishing vessels are granted access, and notify Norway thereof. Those provisional TACs are based on a rollover of the 2022 TACs adopted by the Council, applying a 25 % ratio to those 2022 TAC levels, in order to cover the first quarter of 2023.

(49)

The provisional TACs aim to ensure legal certainty for Union operators and to ensure the continuation of sustainable fishing activities until the consultations are concluded in compliance with the Union legal framework and international obligations or, if they cannot be concluded successfully, until the Council sets definitive unilateral Union TACs.

(50)

On 16 December 2022, the Union agreed with the United Kingdom on the setting of a large number of TACs for 2023 for stocks listed in Annex 35 to the Trade and Cooperation Agreement. The outcome of the consultations was documented in the Written Record, which was endorsed by the Council on 20 December 2022 and signed by the Commission representative on behalf of the Union and by the Head of Delegation of the United Kingdom, in accordance with Article 498(6) of the Trade and Cooperation Agreement and Council Decision (EU) 2021/1875 (13). The Written Record is a result of consultations conducted by the Union with the United Kingdom in accordance with Articles 498(2), 498(4) and 498(6) of the Trade and Cooperation Agreement, with the objectives and principles set out in Articles 2, 3, 28 and 33 of Regulation (EU) No 1380/2013, Articles 4 and 5 of the Western Waters and North Sea MAPs, and Council Decision (EU) 2021/1875. The Union position during the consultations was based on those objectives and principles and on the best available scientific advice, principally that provided by the ICES in accordance with Article 494(3)(c) of the Trade and Cooperation Agreement. The relevant fishing opportunities should be fixed at the level set out in that Written Record, and the other measures functionally linked to the fishing opportunities also set out in that Written Record should be implemented in Union law.

(51)

There are certain shared stocks jointly managed with the United Kingdom for which ICES, while assessing them against MSY, has issued scientific advice for zero catches. If TACs for those stocks were established at the level indicated in such advice, the obligation to land all catches both in the Union and United Kingdom waters, including by-catches from those stocks, in mixed fisheries, would lead to the phenomenon of ‘choke species’. In order to balance the need for the continuation of those mixed fisheries in view of the potentially severe socioeconomic implications of complete interruption of those fisheries with the need to achieve a good biological status for those stocks, and taking into account the difficulty of fishing all stocks in a mixed fishery at MSY at the same time, the Union and the United Kingdom agreed that it is appropriate to establish specific TACs for by-catches for those stocks. Those TACs should be set at levels that ensure that the mortality for those stocks is decreased and that provide incentives to improve selectivity and to avoid by-catches of those stocks. The levels of the fishing opportunities for those stocks should be established in accordance with the Written Record in order to ensure a level playing field for Union operators while providing for the significant recovery of the biomass of those stocks.

(52)

Given that the biomass of the stocks of blue ling in international waters of ICES 1 and 2 (BLI/12INT-), blue ling North Sea (BLI/24-), blue ling Skagerrak (BLI/03/A-), cod Irish Sea (COD/07A), cod West of Scotland (COD/5BE6A), cod Celtic Sea (COD/7XAD34), herring Celtic Sea (HER/7G-K), horse mackerel (western) (JAX/2A-14) (14), red seabream 6, 7 and 8 (SBR/678-) and whiting Irish Sea (WHG/07A) are below the biomass reference points (Blim), the Union and the United Kingdom agreed that it is necessary, as an additional remedial measure, that in respect of those stocks no year-to-year flexibility should be used for transfers from 2022 to 2023, so that catches in 2023 will not exceed the TAC established for those stocks. Therefore, the Member States concerned have made a statement committing themselves to not using that flexibility for those stocks. That statement also covers cod Kattegat (COD/03AS.), roundnose grenadier Skagerrak, Kattegat and Baltic Sea (RNG/03-), northern prawn North Sea (PRA/2AC4-C), common sole West of Scotland (SOL/56-14) and horse mackerel (southern) (JAX/08C.), autonomous stocks for which the biomass is also below Blim.

(53)

The Union and the United Kingdom agreed that, given the assessed improvement of the status of the picked dogfish (Squalus acanthias) stock, this stock should no longer be a prohibited species but that, in order to protect a component of this stock that is particularly vulnerable to fishing mortality, it is appropriate to deter directed fisheries targeting aggregations of mature females. To this end, the Union and the United Kingdom agreed that a maximum size of 100 cm should be respected, when targeting picked dogfish. 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 maximum size should 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.

(54)

The Union and the United Kingdom agreed on a reciprocal access in 2023 to target an initial total of 280 tonnes of northern albacore in their exclusive economic zones. This excludes access to areas covered under Article 5(3) of the Regulation (EU) No 1380/2013.

(55)

The list of stocks for which a TAC roll-over higher than 25 % applies is based on the analysis of the quota uptake by Member States in the first quarter of the last three years for which data are available (2018-2021). Those increased provisional TACs are in accordance with the ICES advice, the applicable Union legal framework and the Trade and Cooperation Agreement. They will enable Union fishing vessels to use the fishing opportunities to which they are entitled and of which they would be otherwise deprived, due to the seasonality of fishing of the stocks concerned.

(56)

This level is considered to be sufficient for Union fishing vessels at least until 31 March 2023.

(57)

The Union will notify the relevant third countries of the provisional TACs.

(58)

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

(59)

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 (15), the Joint Committee established the level of fishing opportunities available for the Union in Greenland waters in 2023. The level of fishing opportunities available for the Union in Greenland waters in 2023 was documented in the minutes of the Joint Committee meeting held on 23 and 24 November 2022 in Brussels. The relevant fishing opportunities should therefore be fixed at the level set out in those minutes, and taking into account the expected transfers to Norway under the annual exchange of fishing opportunities.

(60)

The fishing opportunities for capelin (Mallotus villosus) in Greenland waters of 5 and 14 for the fishing period 15 October 2022 to 15 April 2023 are marked as ‘to be established’ in Council Regulation (EU) 2022/109. On 5 October 2022, the Greenlandic authorities informed the Union of the level of the capelin quota offered to the Union for the 2022-2023 fishing season in the framework of the Sustainable Fisheries Partnership Agreement and the implementing Protocol thereto, corresponding to 7 760 tonnes. Pursuant to the Agreed Record of fisheries consultations between the Union and Norway for 2022, signed on 10 December 2021, this quantity should be transferred to Norway for the 2022-2023 fishing season. The fishing opportunities should therefore be fixed accordingly.

(61)

As regards the fishing opportunities for snow crab (Chionoecetes spp.) around the area of Svalbard, the Treaty of 9 February 1920 relating to Spitsbergen (Svalbard) (‘the 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, as regards fishing for snow crab on the continental shelf around Svalbard, 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. 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, it is appropriate to fix the number of vessels that are authorised to conduct such fishery. The allocation of such fishing opportunities among Member States is limited to 2023. It is recalled that, in the Union, primary responsibility for ensuring compliance with applicable law lies with the flag Member States.

(62)

As regards the fishing opportunities for cod in Svalbard waters, the 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 Council should therefore set the Union quota for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b based on the reference TAC of northeast Arctic cod and the Union historic fishing rights. In accordance with the Union-Norway political understanding in relation to the fisheries in ICES subareas 1 and 2 of 29 April 2022, Norway should establish a quota of cod for Union vessels fishing for cod in Svalbard waters at 2,8274 % of the reference TAC in its legislation, which also corresponds to the Union rights under the 1920 Treaty of Paris. As the discussions on the implementation of the Union-Norway political understanding are ongoing, it is appropriate that the Union establishes for the first quarter of 2023 a provisional Union quota for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b. The level of that provisional Union quota should be fixed at 3 907 tonnes, taking into account the historic Union share for cod in Svalbard waters. Moreover, Norway intends to establish in its legislation a provisional quota for the Union for cod in Svalbard waters at that level for the period 1 January to 31 March 2023. The provisional quotas should be allocated to the Member States in accordance with Council Decision 87/277/EEC (16) subject to the adaptations necessary due to the withdrawal of the United Kingdom from the Union and due to the ratio of the level of the provisional Union quota to the Union share of the stock.

(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 (17), it is necessary to fix the fishing opportunities 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 (18).

(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 2024 until the entry into force of the Regulation fixing the fishing opportunities for 2024. In addition, such provisions applying from 1 January 2023 to 31 December 2024 should continue to apply at the beginning of 2025 until the entry into force of the Regulation fixing the fishing opportunities for 2025.

(66)

In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishers, this Regulation should apply from 1 January 2023, except for the provisions on fishing effort limits, which should apply from 1 February 2023, and certain provisions on particular regions, which should have a specific date of application. For reasons of urgency, this Regulation should enter into force immediately after its publication.

(67)

Certain international measures that create or restrict fishing opportunities for the Union were adopted by the relevant RFMOs at the end of 2022 and became applicable before the entry into force of this Regulation. The provisions 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 2022, the relevant provisions of this Regulation should apply from that date. In addition, the fishing season for toothfishes (Dissostichus spp.) 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 2022, 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. Moreover, 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, i.e. from 17 December 2022 onwards,