EUROPEAN COMMISSION

Brussels, 10.10.2023

COM(2023) 578 final

2023/0350(NLE)

Proposal for a

COUNCIL REGULATION

fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas for 2024

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

•Consistency with existing policy provisions in the policy area

The proposed measures are designed in accordance with the objectives and rules of the CFP.

•Consistency with other Union policies

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

•Subsidiarity (for non-exclusive competence)

•Proportionality

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

•Stakeholder consultations

•Collection and use of expertise

•Impact assessment

•Regulatory fitness and simplification

•Fundamental rights

The proposal respects fundamental rights and in particular those recognised by the Charter of Fundamental Rights of the European Union.

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•Detailed explanation of the specific provisions of the proposal

Under the multiannual plan for demersal fisheries in the western Mediterranean, the Council is to set a maximum allowable fishing effort for trawl vessels exploiting demersal stocks in the western Mediterranean, for each fishing effort group, by Member State and for the stock groups in Annex I to the plan.

Furthermore, in order to promote the use of the selectivity of the gears and to establish efficient closure areas to protect juveniles and spawners, the 2023 Fishing Opportunities Regulation maintained the compensation mechanism established in the 2022 Fishing Opportunities Regulation in relation to the effort regime for trawlers. The Commission proposes to maintain this mechanism in 2024.

B.    GFCM measures applicable in the Mediterranean Sea

–Fishing harvest limits and limits on the number of fishing authorisations for red coral in the entire Mediterranean Sea (GSAs 1 to 27)

–Maximum catch limits for deepwater rose shrimp and maximum allowable fishing effort for and fleet capacity for hake in the Strait of Sicily (GSA 12 to 16)

–Maximum fleet capacity and catch limits for giant red shrimp and blue and red shrimp in the Strait of Sicily (GSAs 12 to 16), the Ionian Sea (GSAs 19 to 21) and the Levant Sea (GSAs 24 to 27)

–Maximum level of catches and maximum number of longlines and handlines for blackspot seabrem in the Alboran Sea (GSA 1 to 3)

–Measures for small pelagic stocks under the 2021 GFCM Multiannual management plan for small pelagic species in the Adriatic Sea (GSAs 17 and 18) 

The Commission proposes to continue in 2024 the implementation of the provisions of the plan, which follows a two-step approach, with a transitional period of three years followed by long-term measures for a period of five years.

2024 is the third year of the transitional period and the Commission proposes to continue the implementation of the catch limits with the transitional internal share between Italy and Croatia and the transitional reserve for Slovenia, as well as the fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagic stocks.This capacity ceiling should be the same as in the 2023 Fishing Opportunities Regulation and based on the capacity reported to GFCM in 2014.

–Measures for demersal stocks under the 2019 GFCM Multiannual management plan for demersal species in the Adriatic Sea (GSAs 17 and 18):

At its 46th annual session in November 2023, the GFCM should adopt a new recommendation reducing for 2024 the fishing effort for otter-trawlers (OTB) and for beam-trawlers (TBB). The proposal will be updated by way of a non-paper with the levels of the reduction, after the GFCM annual session.

The maximum fleet capacity from the 2023 Fishing Opportunities Regulation should remain in place for 2024.

The proposal includes a series of placeholders, for stocks where the GFCM transitional measures are expiring at the end of 2023 and for which the GFCM should adopt new measures at its 46th annual session in November 2023, such as dolphinfish. The proposal will be updated by way of a non-paper with the new measures, after the GFCM annual session.

C.    GFCM measures applicable in the Black Sea

–An autonomous quota for sprat, based on scientific advice

–The TAC and quota allocation for turbot under the 2017 GFCM multiannual management plan for turbot fisheries, implementing Recommendation GFCM/43/2019/3 (GSA 29)

Regarding the levels of the TAC and quotas for turbot, the proposal will be updated after the 46th GFCM annual session in November 2023.

The GFCM recommendations up to 2017 have been implemented into Union law pursuant to Regulation (EU) No 1343/2011 (as amended) 6  and the Commission has put forward a proposal to implement the Recommendations adopted by the GFCM in 2018 and 2019 (COM/2021/434 final), on which the co-legislators reached a political agreement on the file in July 2023 7 . 

Measures functionally linked to the fishing opportunities, such as spawning closures, are part of this proposal, as without such closure periods (such as for turbot in the Black Sea), the fishing opportunities could not be established at the same level. The extent of the closure period may vary, depending on the state of the stock as assessed by the scientific advice.

Council Regulation (EC) No 847/96 8 lays down further conditions for year-to-year management of fishing opportunities including, under its Articles 3 and 4, flexibility provisions for stocks subject to precautionary and analytical TACs, respectively. Its Article 2 stipulates that when fixing the TACs, the Council must decide to which stocks Articles 3 and 4 should not apply, in particular based on the biological status of the stocks. Article 15(9) of the CFP Basic Regulation also lays down a year-to-year flexibility mechanism for all stocks that are subject to the landing obligation. Therefore, and to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources and make it difficult to achieve the CFP objectives, it should be clarified that Articles 3 and 4 of Regulation (EC) No 847/96 only apply where Member States do not use the year-to-year flexibility provided for in Article 15(9) of the CFP Basic Regulation. 

2023/0350 (NLE)

Proposal for a

COUNCIL REGULATION

fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas for 2024

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 9  requires the adoption of conservation measures taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as advice received from advisory councils.

(2)The Council is to 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. Article 16(1) of Regulation (EU) No 1380/2013 provides that fishing opportunities should be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery. 

(3)Therefore, in accordance with Regulation (EU) No 1380/2013, total allowable catches (TACs) should be set on the basis of available scientific advice, taking into account biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as the opinions expressed during the consultations with stakeholders.

(4)Regulation (EU) 2019/1022 of the European Parliament and of the Council 10 established a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea (the plan). The plan aims to reach and maintain the maximum sustainable yield (MSY) for target stocks, ensuring that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY.

(5)In accordance with Article 4(1) of the plan, fishing opportunities for stocks listed in Article 1 of that Regulation are to be fixed to achieve fishing mortality at MSY on a progressive, incremental basis by 2020 where possible, and by 1 January 2025 at the latest. Fishing opportunities are to be expressed as maximum allowable fishing effort for trawlers and longliners and fixed in accordance with the fishing effort regime laid down in Article 7 of the plan, as well as as maximum catch limits for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) in deep waters in accordance with scientific advice and Article 7(3), point (b), of the plan.

(6)[placeholder pending STECF advice] Based on such advice, for 2024, the maximum allowable fishing effort of trawlers in the western Mediterranean Sea should therefore be reduced by pm % compared to the baseline between 2015 and 2017, to be deducted from the maximum allowable fishing effort set for 2023 by Council Regulation (EU) 2023/195 11 .  

(7)[placeholder pending STECF advice]. Based on such advice, for 2024, the maximum allowable fishing effort of longliners should therefore be pm compared to the baseline between 2015 and 2017.

(8)[placeholder pending STECF advice] In light of the scientific advice, for 2024, the maximum catch limits for blue and red shrimp in GSAs 1, 2, 5, 6 and 7 should therefore be pm %.

(9)[placeholder pending STECF advice] In light of the scientific advice, for 2024, the maximum catch limits for blue and red shrimp in GSAs 8, 9, 10 and 11 should be pm %.

(10)[placeholder pending final STECF advice] In accordance with Article 7(3), point (b), of the plan, it is therefore appropriate to continue setting maximum catch limits to complement the trawling effort regime with maximum catch limits. In light of the scientific advice, for 2024, the maximum catch limits for giant red shrimp in GSAs 8, 9, 10 and 11 should be pm %.

(11)At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (GFCM geographical subareas 17 and 18) 12 , which introduced from 2020 to 2026 a fishing effort regime and a fleet capacity ceiling for certain demersal stocks. Those measures for 2024 should therefore be implemented in Union law.

(12)[placeholder new measures for demersal stocks in the Adriatic Sea from GFCM 46th annual session]

(13)At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/20 on a multiannual management plan for the sustainable exploitation of small pelagic stocks the Adriatic Sea (GFCM geographical subareas 17 and 18) 13 ,  which introduced from 2022 to 2029 a maximum level of catches and a related fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagics, with a derogation for the national fleets of less than 10 purse seiners or pelagic trawlers actively fishing for small pelagic stocks. Those measures for 2024 should therefore be implemented in Union law.

(14)[placeholder new measures for small pelagic stocks in the Adriatc Sea from GFCM 46th annual session]

(15)Taking into account the particularities of the Slovenian fleet and its marginal impact on the stocks of small pelagic and demersal stocks, and in accordance with paragraph 33 of Recommendation GFCM/44/2021/20 and of paragraph 13 of Recommendation GFCM/43/2019/5, it is appropriate to preserve existing fishing patterns and to ensure access by the Slovenian fleet to a minimum quantity of small pelagic species and a minimum effort allocation for demersal stocks.

(16)[Placeholder new measures for red coral from GFCM 46th annual session ]

(17)[placeholder new measures for common dolphinfish from GFCM 46th annual session]

(18)At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/4 on a multiannual management plan for the sustainable exploitation of demersal stocks in the Strait of Sicily (geographical subareas 12 to 16) 14 , repealing Recommendations GFCM/44/2021/12 and GFCM/42/2018/5. Recommendation GFCM/45/2022/4 introduced an effort regime for hake and catch limits for deep-water rose shrimps, as well as a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for deep-water rose shrimps. In order to implement those measures in Union law, 3% should therefore be deducted from the maximum allowable catch limits for deep-water rose shrimp set for 2023 by Council Regulation (EU) 2023/195.

(19)At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/5 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Strait of Sicily (geographical subareas 12 to 16) 15 , repealing Recommendations GFCM/44/2021/7 and GFCM/43/2019/6. Recommendation GFCM/45/2022/5 introduced a catch limit and a fishing capacity freeze. For 2024, that recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3% should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Council Regulation (EU) 2023/195.

(20)At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/6 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Ionian Sea (geographical subareas 19 to 21) 16 , repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/6 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3% should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Council Regulation (EU) 2023/195.

(21)At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/7 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Levant Sea (geographical subareas 24 to 27) 17 , repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/7 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3% of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3% should therefore be deducted from the maximum allowable catch limits set for giant red shrimp and blue and red shrimp for 2023 by Council Regulation (EU) 2023/195.

(22)At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/3 on a multiannual management plan for the sustainable exploitation of blackspot seabream in the Alboran Sea (geographical subareas 1 to 3) 18 , repealing Recommendations GFCM/44/2021/4, GFCM/43/2019/2 and GFCM/41/2017/2. Recommendation GFCM/45/2022/3 introduced maximum levels of catches for 2023, 2024 and 2025, a maximum number of longlines and handlines authorised and new measures for recreational fisheries. In order to implement those measures in Union law, 7% should therefore be deducted from the maximum allowable catch limits set for blackspot seabream for 2023 by Council Regulation (EU) 2023/195.

(23)At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 19 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot fisheries in the Black Sea (GFCM geographical subarea 29). Recommendation GFCM/43/2019/3 introduced from 2020 to 2024 an updated regional TAC and a quota allocation scheme for turbot, as well as further conservation measures, in particular a two-month closure period and a limitation of fishing days to 180 days per year. In accordance with Recommendation GFCM/43/2019/3, these further conservation measures are functionally linked to the fishing opportunities, as, without those measures in place, TAC level for turbot would have to be reduced to ensure its recovery. Those measures should therefore be implemented in Union law.

(24)[placeholder roll-over decision turbot quota from GFCM 46th annual session]

(25)[placeholder carry over decision turbot quota from GFCM 46th annual session ]

(26)Based on the scientific advice provided by the GFCM Working Group for the Black Sea, the current level of fishing mortality of sprat should be maintained to ensure the sustainability of sprat stocks in the Black Sea. It is therefore appropriate to continue setting an autonomous quota for those stocks.

(27)The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 20 , 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 data to the Commission relating to landings of stocks subject to this Regulation.

(28)In order to promote the use of selectivity of gears and to establish efficient closure areas to protect juveniles and spawners, Regulation (EU) 2022/110 established a compensation mechanism in relation to the effort regime for trawls. As STECF continues to recommend in 2024 the further improvement of selectivity and of efficient closure areas to protect juvenile fish, it is appropriate to allocate pm % of fishing days.

(29)Council Regulation (EC) No 847/96 21   provides for additional conditions for the year-to-year management of TACs including, under its Articles 3 and 4, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when establishing TACs, the Council is to decide which stocks will not be subject to Articles 3 and 4 of that Regulation, in particular on the basis of the biological status of stocks. Therefore, to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources, hinder the achievement of the objectives of the Common Fisheries Policy and cause the biological status of stocks to deteriorate, it should be made explicit that Articles 3(2), 3(3) and 4 of Regulation (EC) No 847/96 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.

(30)In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishers, this Regulation should apply from 1 January 2024. For reasons of urgency, this Regulation should enter into force on the day following that of its publication.

HAS ADOPTED THIS REGULATION:

TITLE I
GENERAL PROVISIONS

Article 1 
Scope

1.This Regulation applies to Union fishing vessels operating in the Mediterranean and Black Seas exploiting the following fish stocks:

(a)red coral (Corallium rubrum) and common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea;

(b)blue and red shrimp (Aristeus antennatus), deep-water rose shrimp (Parapenaeus longirostris), giant red shrimp (Aristaeomorpha foliacea), European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus) and red mullet (Mullus barbatus) in the western Mediterranean Sea;

(c)anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea;

(d)European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris) and red mullet (Mullus barbatus) in the Adriatic Sea;

(e)European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily;

(f)giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily, in the Ionian Sea and in the Levant Sea;

(g)blackspot seabream (Pagellus bogaraveo) in the Alborean Sea;

(h)sprat (Sprattus sprattus) and turbot (Scophthalmus maximus) in the Black Sea.

2.This Regulation also applies to other Union fishing activities, including recreational fisheries, where they are expressly referred to in the relevant provisions.

Article 2
Definitions

For the purposes of this Regulation, the definitions laid down in Article 4(1) of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:

(a)‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;

(b)‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport;

(c)‘total allowable catch’ or ‘TAC’ means:

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

(ii)in all other fisheries, the quantity of fish that can be caught from each stock over the period of a year;

(d)‘quota’ means a proportion of the TAC allocated to the Union or a Member State;

(e)‘Union autonomous quota’ means a catch limit autonomously allocated to Union fishing vessels in the absence of an agreed TAC;

(f)‘analytical quota’ means a Union autonomous quota for which an analytical assessment is available;

(g)‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock’s biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches;

(h)‘fish-aggregating device’ or ‘FAD’ means any anchored equipment floating on the sea surface with the objective of attracting fish.

 Article 3
Fishing zones

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

(a)‘GFCM geographical subareas’ mean the areas defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council 22 ;

(b)‘Mediterranean Sea’ means the waters in GFCM geographical subareas 1 to 27, as defined in Annex I to Regulation (EU) No 1343/2011; 

(c)‘western Mediterranean Sea’ means the waters in GFCM geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11, as defined in Annex I to Regulation (EU) No 1343/2011;

(d)‘Adriatic Sea’ means the waters in GFCM geographical subareas 17 and 18, as defined in Annex I to Regulation (EU) No 1343/2011;

(e)‘Strait of Sicily’ means the waters in GFCM geographical subareas 12, 13, 14, 15 and 16, as defined in Annex I to Regulation (EU) No 1343/2011;

(f)‘Ionian Sea’ means the waters in GFCM geographical subareas 19, 20 and 21, as defined in Annex I to Regulation (EU) No 1343/2011;

(g)‘Levant Sea’ means the waters in GFCM geographical subareas 24, 25, 26 and 27, as defined in Annex I to Regulation (EU) No 1343/2011;

(h)‘Alboran Sea’ means the waters in GFCM geographical subareas 1 to 3, as defined in Annex I to Regulation (EU) No 1343/2011;

(i)‘Black Sea’ means the waters in GFCM geographical subarea 29, as defined in Annex I to Regulation (EU) No 1343/2011.

TITLE II
FISHING OPPORTUNITIES

CHAPTER I
Mediterranean Sea

Article 4
Red coral

1.This Article applies to all activities by Union fishing vessels and other Union fishing activities harvesting red coral (Corallium rubrum), namely targeted and recreational fisheries in the Mediterranean Sea.

2.For targeted fisheries, the maximum number of fishing authorisations and the maximum quantities of red coral stocks harvested by Union fishing vessels and Union harvesting activities shall not exceed the levels set out in Annex I.

3.It shall be prohibited for Union fishing vessels subject to paragraph 2 to tranship red coral at sea.

4.For recreational fisheries, Member States shall take the necessary measures to prohibit the catch and retention on board, transhipment or landing of red coral.

Article 5
Common dolphinfish

[placeholder new measures]

CHAPTER II
Western Mediterranean Sea

Article 6
Demersal stocks

1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching demersal stocks referred to in Article 1(2) of Regulation (EU) 2019/1022, in the western Mediterranean Sea.

2.The maximum allowable fishing effort for trawlers and longliners is set out in Annex III to this Regulation. Member States shall manage the maximum allowable fishing effort in accordance with Article 9 of Regulation (EU) 2019/1022 and Articles 26 to 34 of Regulation (EC) No 1224/2009.

3.The allocation among Member States of maximum catch limits for Union fishing vessels in Union waters of the western Mediterranean Sea is also set out in Annex III.

4.The allocation of fishing opportunities by Member States, as set out in this Article and Annex III, shall fulfil the following conditions:

(a)it shall be in accordance with the criteria set out in Article 17 of Regulation (EU) No 1380/2013; 

(b) it shall be without prejudice to:

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

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

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

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

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

Article 7
Compensation mechanism

1.For the fleet segment concerned, a Member State may grant, in 2024, to vessels flying its flag an additional allocation of fishing days of pm % calculated from the baseline between 2015 and 2017 of that Member State as set out in paragraph 4.

2.The Member State concerned shall notify to the Commission the list of the fishing vessels concerned by such an additional allocation of fishing days, as well as the related number of additional fishing days.

3.The additional allocation shall be calculated from the maximum effort allowed in the baseline between 2015 and 2017 for the relevant fleet segment of the Member State concerned as from 1 January 2024.

4.A Member State may grant the additional allocation of fishing days referred to in paragraph 1, provided that a vessel fulfils one of the following conditions:

(a)the vessel uses a trawl net with 45 mm square-mesh codend in order to reduce by at least 25 % catches of the juveniles of hake;

(b)the vessel uses a trawl net with a 50 mm square-mesh codend for deep-water fisheries in order to reduce by at least 25 % catches of blue and red shrimps with a carapace length (CL) of less than 25 mm in geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11 and to reduce by at least 25 % catches of giant red shrimps with a CL of less than 35 mm in the geographical subareas 8, 9, 10 and 11;

(c)the vessel uses a regulated highly selective gear, the technical specifications of which result in, according to the scientific study by STECF, a reduction of at least 25 % of catches of juveniles of all demersal species or at least 20 % of catches of spawners of all demersal species compared to 2020, such as a sorting grid of at least 20 mm spacing;

(d)the Member State concerned has established temporary closure areas in order to reduce by at least 25 % catches of juveniles of all demersal species or by at least 20 % catches of spawners of all demersal species;

(e)the Member State concerned has adopted a new minimum conservation reference size for hake of at least 26 cm, and has secured the enforcement of appropriate technical measures to comply with this minimum conservation reference size, in order to progressively reach the length at first maturity and improve hake stocks status;

(f)the Member State concerned has adopted a new minimum conservation reference size for blue and red shrimp (Aristeus antennatus) of at least 25 mm CL and for giant red shrimp (Aristaeomorpha foliacea) of at least 35 mm CL, and has secured the enforcement of appropriate technical measures to comply with those minimum conservation reference sizes, in order to progressively reach the length at first maturity and improve stocks status;

(g)the Member State concerned has set a closure of at least 4 continous weeks for fishing activities with trawlers in the areas and periods recognised as important, on the basis of the best available scientific advice, for the protection of spawners of hake stocks. Such areas shall also account for spatial patterns of spawners’ distribution, including depths from 150 m to 500 m. The periods of the temporary fishing closure shall be from February to March and from October to November. 

5.The Member State concerned shall also separately notify every month to the Commission the effort deployed to be counted against the additional allocation referred to in paragraph 1 by using the specific reporting codes for that allocation.

6.The Member State concerned shall submit to the Commission, by 15 October at the latest, all available information related to the implementation of the measures referred to in paragraph 4, points (a) to (g). 

Article 8
Data recording and transmission

1.Member States shall record and transmit the fishing effort data to the Commission in accordance with Article 10 of Regulation (EU) 2019/1022.

2.When submitting fishing effort data to the Commission in accordance with this Article, Member States shall use the fishing effort group codes set out in Annex III.

CHAPTER III
Adriatic Sea

Article 9
Small pelagic stocks 

1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sardine (Sardina pilchardus) and anchovy (Engraulis encrasicolus) in the Adriatic Sea.

2. The maximum level of catches shall not exceed the levels set out in Annex IV.

3.The maximum fleet capacity, expressed in kW, gross tonnage (GT) and number, of Union fishing vessels authorised to fish small pelagic stocks, is set out in Annex IV.

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 10
Demersal stocks 

1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris) and red mullet (Mullus barbatus) in the Adriatic Sea.

2.The maximum allowable fishing effort for demersal stocks and the maximum fleet capacity within the scope of this Article is set out in Annex IV.

3.A Member State may amend its fishing effort allocation as set out in Annex IV by transferring fishing days across fishing effort groups of the same geographical area and/or gear, provided that it applies a national conversion factor which is supported by the best available scientific advice.

4.Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

Article 11
Data transmission

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

CHAPTER IV
Strait of Sicily 

Article 12
Demersal stocks 

1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily.

2.The maximum level of catches of deep-water rose shrimp shall not exceed the levels set out in Annex V.

3.The maximum allowable fishing effort for European hake and the maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article are set out in Annex V.

4.Member States shall manage the maximum allowable fishing effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

Article 13
Deep-water shrimps

1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily.

2.The maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article is set out in Annex V.

3.The maximum level of catches shall not exceed the levels set out in Annex V.

Article 14
Data transmission

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

CHAPTER V

Ionian Sea and Levant Sea

Article 15 
Deep-water shrimps

1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Ionian Sea and in the Levant Sea.

2.The maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article is set out in Annex VI.

3.The maximum level of catches shall not exceed the levels set out in Annex VI.

CHAPTER VI

Alboran Sea

Article 16 
Blackspot seabream

1.This Article applies to commercial and recreational fishing with longlines and handlines by Union fishing vessels catching blackspot seabream (Pagellus bogaraveo) in the Alboran Sea.

2.The maximum level of catches shall not exceed the levels set out in Annex VII.

3.The maximum number of longlines and handlines authorised to fish for blackspot seabream is set out in Annex VII.

4.For recreational fishing activities, the maximum number of catches shall be limited to one fish per fisher per day. The minimum conservation reference size of 40 cm for blackspot seabream (Pagellus bogaraveo) shall apply to recreational fisheries in the Alboran Sea. Recreational fishing for this species shall be prohibited during the closure period of commercial fisheries set at national level.

CHAPTER VII
Black Sea

Article 17
Allocation of fishing opportunities for sprat

1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sprat (Sprattus sprattus) in the Black Sea.

2.The Union autonomous quota for sprat, the allocation of such quota among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII.

3.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 18
Allocation of fishing opportunities for turbot

1.This Article applies to all activities by Union fishing vessels and other Union fishing activities catching turbot (Scophthalmus maximus) in the Black Sea.

2.The TAC for turbot applicable in Union waters in the Black Sea, the allocation of such TAC among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII.

3.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 19
Management of fishing effort for turbot

Union fishing vessels authorised to fish for turbot within the scope of Article 19, irrespective of the vessels’ length overall, shall not exceed 180 fishing days per year.

Article 20
Closure period for turbot

It shall be prohibited for Union fishing vessels to carry out any fishing activity, including transhipment, retaining on board, landing and first sale, of turbot in Union waters in the Black Sea from 15 April to 15 June.

Article 21
Special provisions on allocations of fishing opportunities in the Black Sea

The allocation of fishing opportunities among Member States as set out in Articles 18 and 19 shall be without prejudice to:

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

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

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

Article 22
Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks of sprat and turbot caught in Union waters in the Black Sea, they shall use the stock codes set out in Annex VIII.

TITLE III
FINAL PROVISIONS

Article 23
Entry into force and application

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

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

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

Done at Brussels,

(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) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1).

(3)    Council Regulation (EU) 2022/110 of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 21, 31.1.2022, p. 165).

(4)    Council Regulation (EU) 2023/195 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 28, 31.1.2023, p. 220).

(5)    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, p. 1–50)

(6)    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).

(7)     eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_11623_2023_INIT  

(8)     http://data.europa.eu/eli/reg/1996/847/oj  

(9)    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).    

(10)    Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1).

(11)    Council Regulation (EU) 2023/195 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 28, 31.1.2023, p. 220).

(12)     Compliance Committee (CoC) Portal - REC.CM_GFCM_43_2019_5-e.pdf - All Documents (sharepoint.com)   

(13)     Compliance Committee (CoC) Portal - REC.CM_GFCM_44_2021_20-e.pdf - All Documents (sharepoint.com)

(14)     Compliance Committee (CoC) Portal – REC.CM_GFCM_45_2022_4-e.pdf – All Documents (sharepoint.com)

(15)     Compliance Committee (CoC) Portal - REC.CM_GFCM_45_2022_5-e.pdf - All Documents (sharepoint.com)  

(16)     Compliance Committee (CoC) Portal - REC.CM_GFCM_45_2022_6-e.pdf - All Documents (sharepoint.com)

(17)     Compliance Committee (CoC) Portal - REC.CM_GFCM_45_2022_7-e.pdf - All Documents (sharepoint.com)

(18)     Compliance Committee (CoC) Portal - REC.CM_GFCM_45_2022_3-e.pdf - All Documents (sharepoint.com)

(19)     Compliance Committee (CoC) Portal - REC.CM_GFCM_45_2022_9-e.pdf - All Documents (sharepoint.com)

(20)    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, p. 1).

(21)    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).

(22)    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).

EUROPEAN COMMISSION

Brussels, 10.10.2023

COM(2023) 578 final

ANNEXES

to the Proposal for a

COUNCIL REGULATION

fixing the fishing opportunities for certain stocks and groups of fish stocks applicable in the Mediterranean and Black Seas for 2024

ANNEX I

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE CONTEXT OF THE GFCM MULTIANNUAL MANAGEMENT PLAN FOR RED CORAL IN THE MEDITERRANEAN SEA

The tables in this Annex set out the maximum allowable number of fishing authorisations and the maximum level of harvested quantities of red coral in the Mediterranean Sea.

Reference to fishing zones are references to the GFCM GSAs.

For the purposes of this Annex, the following comparative table of Latin names and common names of fish stocks is provided:

Table 1

Maximum number of fishing authorisations 1  

Table 2

Maximum level of harvested quantities expressed in tonnes live weight

ANNEX II

COMMON DOLPHINFISH IN THE MEDITERRANEAN SEA

[placeholder new measures]

ANNEX III

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE CONTEXT OF THE MANAGEMENT OF DEMERSAL STOCKS IN THE WESTERN MEDITERRANEAN SEA

The tables in this Annex set out the maximum allowable fishing effort (in fishing days) by stock groups, as defined in Article 2, point (13), of Regulation (EU) No 2019/1022, maximum catch limits and overall length of vessels for all types of trawls 31 and demersal longliners fishing for demersal stocks in the western Mediterranean Sea.

All fishing opportunities set out in this Annex shall be subject to the rules set out in Article 7 of Regulation (EU) 2019/1022 and Articles 26 to 35 of Regulation (EC) 1224/2009.

Reference to fishing zones are references to GFCM GSAs.

For the purposes of this Annex, the following comparative table of Latin names and common names of fish stocks is provided:

1.    Maximum allowable fishing effort in fishing days

2.    Maximum catch limits for deep-water shrimps

ANNEX IV

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE ADRIATIC SEA

The tables in this Annex set out the fishing opportunities by stock or vessels effort groups and the conditions functionally linked thereto, where appropriate, including the maximum number of Union fishing vessels authorised to fish small pelagics.

All fishing opportunities set out in this Annex shall be subject to the rules set out in Articles 26 to 35 of Regulation (EC) No 1224/2009.

Reference to fishing zones are references to GFCM GSAs.

For the purposes of this Annex, the following comparative table of Latin names and common names is provided:

1.   Small pelagic stocks – GSAs 17 and 18

Maximum level of catches expressed in tonnes live weight

(*) Concerning Slovenia, the quantities are based on the level of catches made in 2014, up to an amount that should not exceed 300 tonnes.

Maximum fleet capacity of trawlers and purse seiners actively fishing for small pelagics

(*) The provision under paragraph 28 of GFCM/44/2021/20 shall not apply to national fleets of less than 10 purse seiners or pelagic trawlers actively fishing for small pelagic stocks, as recorded both in national and GFCM registers in 2014. In such case, the capacity of the active fleet may increase by not more than 50 % in number of vessels and in terms of gross tonnage (GT), gross registered tonnage (GRT) and kW.

2.   Demersal stocks – GSAs 17 and 18

Maximum allowable fishing effort (in fishing days) by types of trawls and fleet segment fishing for demersal stocks in GSAs 17 and 18 (Adriatic Sea).

(*) Slovenia shall not exceed the effort limit of 3 000 fishing days per year in accordance with paragraph 13 of GFCM/43/2019/5.

Maximum fleet capacity of bottom trawler and beam trawl vessels authorised for fishing demersal stocks

(*) The provisions of paragraphs 9(c) and 28 of GFCM/43/2019/5 shall not apply to national fleets operating with trawls (OTB) and fishing for less than 1 000 days during the reference period mentioned in paragraph 9(c). The fishing capacity of the active fleet operating with trawls (OTB) shall not increase by more than 50 percent with respect to the reference period.

ANNEX V

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE STRAIT OF SICILY

The tables in this Annex set out the fishing opportunities by stock or vessels effort groups and the conditions functionally linked thereto, where appropriate, including the maximum number of Union fishing vessels authorised to fish demersal species and deep-water shrimps.

All fishing opportunities set out in this Annex shall be subject to the rules set out in Articles 26 to 35 of Regulation (EC) No 1224/2009.

References to fishing zones are references to GFCM GSAs.

For the purposes of this Annex, the following comparative table of Latin names and common names is provided:

1. Demersal Stocks

(a) Maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish demersal stocks in Strait of Sicily (GSAs 12, 13, 14, 15 and 16)

(b) Maximum level of fishing effort, expressed in number of fishing days, for bottom trawl vessels targeting European hake (Merluccius merluccius) in Strait of Sicily (GSAs 12, 13, 14, 15 and 16

(c) Maximum level of catches of deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily (GSAs 12, 13, 14, 15 and 16) expressed in tonnes live weight

2. Deep-water shrimps

(a) Maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish deep-water shrimp stocks in the Strait of Sicily (GSAs 12, 13 14, 15 and 16)

(b) Maximum level of catches of giant red shrimp (Aristaeomorpha foliacea) in the Strait of Sicily (GSAs 12, 13, 14, 15 and 16) expressed in tonnes live weight

(c) Maximum level of catches of blue and red shrimp (Aristeus antennatus) in the Strait of Sicily (GSAs 12, 13, 14, 15 and 16) expressed in tonnes live weight

ANNEX VI

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE IONIAN SEA AND THE LEVANT SEA

The tables in this Annex set out the maximum number of Union fishing vessels authorised to fish for demersal stocks in the Ionian Sea and the Levant Sea. References to fishing zones are references to GFCM GSAs.

For the purposes of this Annex, the following comparative table of Latin names and common names of fish stocks is provided:

1. Ionian Sea

(a) Maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish deep-water shrimp stocks in the Ionian Sea (GSAs 19, 20 and 21)

(b) Maximum level of catches of giant red shrimp (Aristaeomorpha foliacea) in the Ionian Sea (GSAs 19, 20 and 21) expressed in tonnes live weight

(c) Maximum level of catches of blue and red shrimp (Aristeus antennatus) in the Ionian Sea (GSAs 19, 20 and 21) expressed in tonnes live weight

2. Levant Sea

(a) Maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawler vessels authorised to fish deep-water shrimp stocks in the Levant Sea (GSAs 24, 25, 26 and 27)

(b) Maximum level of catches of giant red shrimp (Aristaeomorpha foliacea) in the Levant Sea (GSAs 24, 25, 26 and 27) expressed in tonnes live weight

(c) Maximum level of catches of blue and red shrimp (Aristeus antennatus) in the Levant Sea (GSAs 24, 25, 26 and 27) expressed in tonnes live weight

ANNEX VII

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE ALBORAN SEA

(a) Maximum level of catches carried out by longlines and handlines, expressed in tonnes live weight

(b) Maximum number of longlines and handlines authorised for fishing in Alboran Sea (GSAs 1, 2 and 3)

ANNEX VIII

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE BLACK SEA

The tables in this Annex set out TACs and quotas expressed in tonnes live weight by stock and, where appropriate, conditions functionally linked thereto.

All fishing opportunities set out in this Annex shall be subject to the rules set out in Articles 26 to 35 of Regulation (EC) No 1224/2009.

Reference to fishing zones are references to GFCM GSAs.

For the purposes of this Annex, the following comparative table of Latin names and common names is provided:

(1)   No fishing activity, including transhipment, retaining on board, landing and first sale, shall be permitted from 15 April to 15 June 2024.

(1)    Representing number of vessels or divers, or both, or a pair of one diver with one vessel, authorised to harvest red coral.

(2)    In accordance with the temporal ban for red coral fisheries established in Spanish waters.

(3) 1    TBB, OTB, PTB, TBN, TBS, TB, OTM, PTM, TMS, TM, OTT, OT, PT, TX, OTP and TSP.