(1)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries and other advisory bodies, as well as advice from advisory councils established for the relevant geographical areas of competence and joint recommendations made by Member States.

(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. 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 stock or fishery.

(3)

Regulation (EU) No 1380/2013 provides that the objective of the Common Fisheries Policy is to achieve the maximum sustainable yield (MSY) exploitation rate by 2015 where possible and, on a progressive, incremental basis, at the latest by 2020 for all stocks. The objective of the transitory period until 2020 was to balance the achievement of MSY for all stocks with the possible socioeconomic implications of the possible adjustments of related fishing opportunities.

(4)

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

(5)

Regulation (EU) 2016/1139 of the European Parliament and of the Council (2) establishes a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and for the fisheries exploiting those stocks (the ‘plan’). The plan aims to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce MSY. Regulation (EU) No 1380/2013 provides that, for stocks subject to specific multiannual plans, the fishing opportunities are to be established in accordance with the rules laid down in those multiannual plans.

(6)

In accordance with Article 4(1) of the plan, the fishing opportunities for stocks listed in Article 1 of the plan were to be fixed to achieve fishing mortality at MSY, expressed in ranges, as soon as possible and, on a progressive, incremental basis, at the latest by 2020. The catch limits applicable in 2022 for the relevant stocks in the Baltic Sea should therefore be established in line with the objectives of the plan.

(7)

The International Council for the Exploration of the Sea (ICES) published its annual stock advice for Baltic stocks on 28 May 2021. It indicated that the biomass of the western Baltic herring in ICES subdivisions 20-24 was only 54 % of the limit reference point for spawning stock biomass (Blim), below which it is possible that reproductive capacity might be reduced. Furthermore, recruitment remains at historically low levels. ICES therefore published for the fourth consecutive year an advice for zero catches for western Baltic herring. Pursuant to Article 5(2) of Regulation (EU) 2016/1139, all appropriate remedial measures should therefore be adopted to ensure a rapid return of the stock concerned to levels above the level capable of producing MSY. Moreover, that provision requires further remedial measures to be adopted. If the fishing opportunities for western Baltic herring were set at the level indicated in the ICES advice, the obligation to land all catches in mixed fisheries with by-catches of western Baltic herring would lead to the phenomenon of ‘choke species’. In order to strike the right balance between, on the one hand, allowing fisheries for other stocks to continue in view of otherwise potentially severe socioeconomic implications and, on the other hand, the need to achieve a good biological status for the stock, taking into account the difficulty of fishing all stocks in a mixed fishery at MSY at the same time, it is appropriate to establish a specific TAC for by-catches of western Baltic herring. However, fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Council (3), as well as small-scale coastal fishermen fishing with certain passive gears, should be allowed to target western Baltic herring. The level of the TAC should be such that mortality is not increased and that it provides incentives for improvements in selectivity and avoidance.

(8)

As regards the eastern Baltic cod stock, since 2019 ICES has been able to base its precautionary advice on a more data-rich assessment. ICES estimates that the biomass of the eastern Baltic cod stock continues to be below Blim and has decreased further since 2020. ICES therefore published for the third consecutive year an advice for zero catches for eastern Baltic cod. Since 2019, strict conservation measures have been adopted in the Union. Pursuant to Article 5(2) of Regulation (EU) 2016/1139, the targeted fishery of eastern Baltic cod was closed and the TAC for unavoidable by-catches of eastern Baltic cod was set at a very low level to avoid the phenomenon of ‘choke species’ in other fisheries. Moreover, further remedial measures functionally linked to the fishing opportunities were adopted in the form of spawning closures and the prohibition of recreational fisheries in the main distribution area. Given the ICES advice and the unchanged stock situation, it is appropriate to maintain unchanged the level of fishing opportunities and the functionally linked remedial measures.

(9)

As regards western Baltic cod, scientific estimates have indicated for several years that the spawning stock biomass was below the reference point, below which specific and appropriate management action is to be taken (Btrigger). Increasingly strict management measures have therefore been adopted in recent years. In 2021 ICES decided to perform a more in-depth assessment of the stock’s situation and hence postponed its advice to 10 September 2021. That assessment revealed that the biomass of the western Baltic cod stock was less than half of the previous estimate and that for more than 10 years it has been mostly below Blim. The current biomass is estimated to be about half of Blim. Recruitment has been historically low since 2018. ICES estimates with a 53 % probability that the stock biomass could increase slightly above Blim in 2023 even with some catches. In such a situation, pursuant to Article 5(2) of Regulation (EU) 2016/1139, remedial measure should be taken and the fishing opportunities set in a way to ensure the rapid return of the stock to a level above the level capable of producing MSY. The level of advised catches is so low that it cannot sustain both a directed fishery and the unavoidable by-catches in other fisheries, in particular in demersal flatfish fisheries. Therefore, it is appropriate to set a TAC limited to unavoidable by-catches in other fisheries to avoid the phenomenon of ‘choke species’, with an exemption for fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241. Moreover, further remedial measures functionally linked to the fishing opportunities were previously adopted in the form of spawning closures and limitations on recreational fisheries. Given the further severe deterioration of the stock, it is appropriate to extend the spawning closure from 15 January to 31 March in order to cover the period during which cod aggregates before spawning. An additional exemption from the spawning closure should be introduced for fishing vessels fishing with dredges for bivalve molluscs in ICES subdivision 22 in waters of less than 20 metres depth, since those fisheries take place outside of the cod spawning grounds and have very low by-catches of cod. Regarding recreational fisheries, contrary to previous years ICES was not in a position to provide a split between commercial and recreational catches, because of the low level of total advised catches. Given the condition of the stock, it is necessary to decrease the bag limit to the minimum in order to remain within the catch levels advised by ICES. Moreover, it is appropriate to no longer exempt recreational fisheries from the spawning closure period.

(10)

In 2020, ICES estimated that the biomass of the central Baltic herring had fallen below the spawning stock biomass reference point below which specific and appropriate management action is to be taken (Btrigger). In 2021, ICES estimated that the biomass had fallen further and is now close to Blim. It is therefore appropriate to set the fishing opportunities in accordance with Article 5(1) of Regulation (EU) 2016/1139.

(11)

According to ICES advice, cod is by-caught in plaice fisheries. Sprat is caught in a mixed fishery with herring and is a prey species for cod. It is appropriate to take those multispecies interactions into account when setting the fishing opportunities for plaice and sprat.

(12)

Regarding salmon in ICES subdivisions 22-31, ICES had stated for several years previously that the status of the river stocks was very heterogeneous. In order to give experts more time to take that divergence better into account, ICES decided to postpone its advice to 15 September 2021. According to ICES advice, all commercial and recreational catches in the main basin, which are inherently mixed fisheries catching salmon from healthy and weak river stocks, should be stopped in order to protect the weak river stocks. ICES however considers that the existing directed fishery in the coastal areas of the Gulf of Bothnia and the Aland Sea could continue during the salmon summer migration. In order to strike the right balance between, on the one hand, allowing fisheries to continue in view of otherwise potentially severe socioeconomic implications and, on the other hand, the need to achieve a good biological status for the stock, taking into account the difficulty of fishing all stocks in a mixed fishery at MSY at the same time, it is appropriate to establish a specific TAC for by-catches of salmon in those areas, with the exemption of fishing operations conducted for the exclusive purpose of scientific investigations and in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241, and of coastal fisheries north of latitude 59°30′N during the period from 1 May to 31 August. Given the ICES advice, it is appropriate to adopt further remedial measures functionally linked to the fishing opportunities. The use of longlines beyond four nautical miles should be prohibited since this is typically a gear used to target salmon. Moreover, in those areas where commercial fisheries are not allowed it should be allowed to retain only one fin-clipped salmon per angler per day in recreational fisheries. Finally, to avoid misreporting, all specimens of any fish species retained should be landed whole to be able to unequivocally identify them.

(13)

In order to ensure full use of coastal fishing opportunities, a limited inter-area flexibility for salmon from ICES subdivisions 22-31 to ICES subdivision 32 was introduced in 2019. Given the changes in fishing opportunities for those two stocks, it is appropriate to reduce that flexibility.

(14)

The introduction of a prohibition of fishing for sea trout beyond four nautical miles and of a limitation of by-catches of sea trout to 3 % of the combined catch of sea trout and salmon has contributed to a large extent to substantially reducing previously significant misreporting of catches in the salmon fishery, in particular as sea trout catches. It is therefore appropriate to maintain that provision in order to maintain a low level of misreporting.

(15)

The use of the fishing opportunities set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (4), and in particular Articles 33 and 34 thereof concerning the recording of catches and fishing effort, and the transmission of data on the exhaustion of fishing opportunities to the Commission. This Regulation should therefore specify the codes relating to landings of stocks subject to this Regulation that are to be used by Member States when sending data to the Commission.

(16)

Council Regulation (EC) No 847/96 (5) introduced 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 fixing the TACs, the Council is to decide to which stocks Article 3 or 4 are not to apply, in particular on the basis of the biological status of the stocks. More recently, the year-to-year flexibility mechanism was introduced by Article 15(9) of Regulation (EU) No 1380/2013 for all stocks that are subject to the landing obligation. 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 the stocks to deteriorate, it should be established that Articles 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.

(17)

Moreover, given that the biomass of the stock of eastern Baltic cod, western Baltic herring and western Baltic cod is below Blim and that only by-catch, scientific fisheries and, in the case of western Baltic herring, certain small-scale coastal fisheries are permitted in 2022, the Member States having a quota share of the relevant TAC have undertaken not to apply the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 for those stocks in 2022 so that catches in 2022 will not exceed the TAC set for eastern Baltic cod, western Baltic herring and western Baltic cod. Furthermore, given that the biomass of the salmon river stocks south of latitude 59°30′N are almost all below the limit reference point for smolt production (Rlim) and that in that area only by-catch and scientific fisheries are permitted in 2022, the relevant Member States have undertaken a similar commitment regarding year-to-year flexibility in relation to main basin salmon catches in 2022.

(18)

The fishing year for Norway pout in ICES division 3a, United Kingdom waters of ICES division 2a and United Kingdom and Union waters of ICES subarea 4 is from 1 November to 31 October. In order to allow for the start of the fishery on 1 November 2021, and on the basis of new scientific advice and following consultations with the United Kingdom, it is necessary to set a preliminary TAC for Norway pout in ICES division 3a, United Kingdom waters of ICES division 2a and United Kingdom and Union waters of ICES subarea 4 for the period from 1 November 2021 to 31 December 2021. That preliminary TAC should be set in line with ICES advice published on 8 October 2021.

(19)

In Council Regulation (EU) 2021/92 (6), the fishing opportunities table for mackerel in the North Sea refers to waters of 3a and 4, United Kingdom waters of 2a, Union waters of 3b, 3c and subdivisions 22-32 in line with 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 (7). However, in 2021, consultations on mackerel between the coastal States did not lead to an agreement on access arrangements between the Union, the United Kingdom and Norway. Therefore, the Union does not have access to fish its mackerel quota in Norwegian waters of the North Sea.

(20)

In 2021, the Union concluded negotiations with the United Kingdom on fishing opportunities and management measures for certain TACs for 2021, including for mackerel, which enables the Union to fish its mackerel quota in United Kingdom waters. As a result, the relevant fishing opportunities tables should be amended accordingly to reflect the fishing area delimitations in the waters of the North Sea to United Kingdom and Union waters.

(21)

In 2021, the Union does not have access to fish its mackerel quota in Norwegian waters of the North Sea. Regulation (EU) 2021/92 includes the fishing opportunities table for mackerel in Norwegian waters of 2a and 4a and it should be possible to fish the quota of 13 359 tonnes allocated to Denmark in Union and United Kingdom waters of the North Sea. A footnote should be inserted in the relevant fishing opportunities table to allow Denmark to fish that quota in Union and United Kingdom waters of the North Sea. The United Kingdom has been consulted on that possibility and raised no objection to the approach allowing that quota to be fished in those United Kingdom waters as of 12 October 2021.

(22)

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 implementing Protocol thereto (8), provide that the Union is to receive 7,7 % of the TAC for capelin to be fished in Greenland waters of ICES subareas 5 and 14. On 5 October 2021, the Union received information from the Greenland authorities that ICES has issued an advice for capelin for the 2021/2022 season at the level of 904 200 tonnes as TAC. Following scientific advice and based on the agreement reached between Greenland, Iceland and Norway on capelin, the Government of Greenland has fixed a quota of 135 630 tonnes. In accordance with the implementing Protocol, Greenland would like to offer the Union 69 623 tonnes of capelin, which equals to 7,7 % of the total TAC. That TAC should now be set on that basis. Furthermore, Greenland, Iceland and Norway agreed, as part of their framework arrangement on the conservation and management of capelin, on new fishing season arrangements. Therefore, it is also necessary to reflect the change in the fishing season, which should now refer to a period from 15 October 2021 to 15 April 2022.

(23)

Fishing authorisations are granted by the Commission to vessels flying the Venezuelan flag in order to allow them to fish for snapper in Union waters off the coast of French Guiana. The proposed amendment aims to ensure the continuity of fishing operations during the authorisation process in between two years under certain conditions.

(24)

Regulation (EU) 2021/92 should therefore be amended accordingly.

(25)

To avoid the interruption of fishing activities and to ensure the livelihoods of Union fishermen, the provisions of this Regulation concerning the Baltic Sea should apply from 1 January 2022. The catch limits provided for in Regulation (EU) 2021/92 apply from 1 January 2021. The provisions introduced by this Regulation concerning those catch limits should therefore also apply from 1 January 2021. However, this Regulation should apply to Norway pout in ICES division 3a, United Kingdom and Union waters of ICES subarea 4 and United Kingdom waters in ICES division 2a from 1 November 2021 until 31 October 2022. In view of the need to continue sustainable fishing activities and to start the relevant fisheries on time for the opening of the fishing seasons, the provisions of this Regulation concerning catch limits for mackerel in Norwegian waters of the North Sea and capelin in Greenland waters of ICES subareas 5 and 14 should apply from 12 October 2021 and 15 October 2021 respectively. Since the fishing opportunities concerned either have not yet been exhausted or will be increased by this Regulation, the principles of legal certainty and protection of legitimate expectations are not affected by the retroactive application of this Regulation. For reasons of urgency, this Regulation should enter into force immediately after its publication,

(1)

The COVID-19 crisis continues to cause a drop in air traffic as a result of a significant fall in demand for air travel and direct measures taken by the Member States as well as third countries to contain the spread of COVID-19. Eurocontrol reported that in the first half of 2021, air traffic in the EEA airspace has been rather stable and accounted for approximately 38 % of 2019 air traffic in the corresponding period with an upward trend. According to the Eurocontrol forecast, the annual average air traffic is expected to reach 50 % and 72 % in 2021 and 2022 respectively, on the basis of the most realistic forecast scenario.

(2)

Such circumstances are beyond the control of air carriers and consequent voluntary or obligatory cancellations of air services by air carriers in line with evolving demand is a necessary or legitimate response to those circumstances.

(3)

Pursuant to Article 8(2) of Regulation (EEC) No 95/93, read in conjunction with Article 10(2), air carriers are to use at least 80 % of a slot series allocated to them, or lose historical precedence for those slots, known as the ‘use-it-or-lose-it-rule’. In light of the COVID-19 crisis, and to protect the financial health of air carriers and avoid the negative environmental impact of empty or largely-empty flights operated only for the purpose of maintaining underlying airport slots, the ‘use-it-or-lose-it’ rule was suspended from 1 March 2020 until 28 March 2021.

(4)

On 16 February 2021, and given the continuing impact of the COVID-19 crisis on air traffic, the Union amended Regulation (EEC) No 95/93 to grant airlines further relief from the ‘use-it-or-lose-it’ rule during the summer 2021 scheduling period by suspending the rule for a further period from 28 March 2021 to 30 October 2021.

(5)

Pursuant to Article 10a(5) of Regulation (EEC) No 95/93, the Commission is empowered to adopt delegated acts to amend the period of suspension of the ‘use-it-or-lose-it’ rule set out in Article 10a(3).

(6)

Furthermore, pursuant to Article 10a(5) of Regulation (EEC) No 95/93, the Commission is empowered to adopt, where strictly necessary in order to address the evolving impact of the COVID-19 crisis on air traffic levels, delegated acts to amend the slot use rate within a range between 30 % and 70 %.

(7)

Despite a gradual increase, air traffic levels in the first half of 2021 are still low when compared to the same period in 2019, at approximately 38 % on average of 2019 air traffic in the corresponding period. While acknowledging the difficulties in accurately predicting the recovery path of air traffic levels, it is reasonable to expect the situation to persist in the near future with a steady narrowing of the gap between air traffic in 2021 when compared to 2019. Based on the four-year Eurocontrol forecast of 21 May 2021, under the most likely scenario, which assumes that vaccination should achieve efficacy in 2022, annual traffic levels would reach an annual average of 50 % to 72 % of the corresponding 2019 levels, in 2021 and 2022 respectively. On the basis of the available Eurocontrol monthly forecasts for 2021 and the available Eurocontrol annual average for 2022, air traffic during the winter 2021/2022 scheduling period is expected to be at 70 % of 2019 levels.

(8)

Data compiled by the World Health Organisation and the European Centre for Disease Control demonstrates that the persistent reduction of air traffic is the result of the impact of the COVID-19 crisis. The available data shows a correlation between the evolving numbers of cases and the Member States’ and third countries’ responses to those evolving numbers, by adopting measures that have an impact on air travel, and result in a decline in air traffic. Such measures, which can be implemented or lifted at a very short notice contribute to a climate of uncertainty and negatively impact consumer confidence and booking behaviour.

(9)

Due to the evolving numbers of COVID-19 cases and the possible spread of new variants, it is reasonable to expect a significant number of cancellations as a consequence of the COVID-19 crisis over the forthcoming winter scheduling period, running from 31 October 2021 to 26 March 2022, if airlines were required to operate their full 2019 slot portfolios in accordance with Article 8 of Regulation (EEC) No 95/93.

(10)

It is therefore necessary to extend the period laid down in Article 10a(3) of Regulation (EEC) No 95/93 from 31 October 2021 to 26 March 2022.

(11)

The demand for travel during the winter scheduling period from 31 October 2021 to 26 March 2022 could still remain low despite progress of vaccination campaigns, increased safety for travel, and countries’ scale back of measures impacting travel. A persistent low demand during the winter scheduling period could likely be an indication of long term structural changes in the market and consumer behaviour. Therefore, the slot use rate should on the one hand avoid unintended negative consequences on airlines’ financial situation and negative environmental impacts due to empty or largely-empty flights operated only to retain historical rights on slots, and on the other hand, either incentivise airlines to make efficient use of airport capacity, or release the slots to the pool for other users in order to ensure the efficient use of airport capacity.

(12)

Moreover, the slot use rate should be set at a rate which guarantees a minimum amount of services in order to increase passenger trust, efficient use of airport capacity during the 2021/2022 winter scheduling period and reliable connectivity.

(13)

The slot use rate should also take into account more long-term structural changes in the market and consumer behaviour, in order to allow the market to gradually adapt to changing demand and unlock capacity for the winter 2022/2023 scheduling period. In particular, since some airlines have made use of ad hoc slots during 2020 and the beginning of 2021 without obtaining historic slots.

(14)

Therefore, the slot use rate for the winter 2021/2022 scheduling period should be set to 50 %.

(15)

While it is generally assumed that air carriers would operate as soon as demand returns, a lower use threshold poses the risk that some carriers may limit operations at some airports to the minimum necessary just for the purpose of maintaining historic rights in those slots to the detriment of competitors, airport operators and consumers. The possible release of some airport capacity due to this new use rate is not likely to cause a severe disruption to airlines’ operations and networks, which a higher use rate would.

(16)

For the purposes of legal certainty, in particular for slot coordinators and air operators, this Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union,

(1)

Annex I to Commission Implementing Regulation (EU) No 543/2011 (2) lays down detailed rules on marketing standards for fruit and vegetables.

(2)

From 2018 to 2020 the Working Party on Agricultural Quality Standards of the United Nations Economic Commission for Europe (UNECE) revised the UNECE standards for sweet peppers (2018 and 2020), table grapes (2019 and 2020), apples and pears (2020). In order to avoid unnecessary barriers to trade, the general and specific marketing standards for those fruits and vegetables provided for in Implementing Regulation (EU) No 543/2011 should be aligned with the new UNECE standards.

(3)

Considering that those revised UNECE standards were successfully submitted to the approval of the Member States according to the procedure laid down in the Council Decision (EU) 2017/2104 of 6 November 2017 on the position to be taken on behalf of the European Union within the UNECE — Working Party on Agricultural Quality Standards (UNECE-WP.7) (3).

(4)

Regulation (EU) No 543/2011 should therefore be amended accordingly,