(1)

On 1 October 2015, the Council adopted Regulation (EU) 2015/1755.

(2)

On the basis of a review by the Council, the information concerning two natural persons in Annex I to Regulation (EU) 2015/1755 should be amended.

(3)

Annex I to Regulation (EU) 2015/1755 should therefore be amended accordingly,

(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 received from Advisory Councils established for the relevant geographical areas or fields of competence and joint recommendations made by Member States.

(2)

It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. 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 and having due regard to the objectives of the Common Fisheries Policy (CFP) set out in Regulation (EU) No 1380/2013.

(3)

Regulation (EU) No 1380/2013 provides that the objective of the CFP 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.

(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 aspects whilst ensuring fair treatment between fishing sectors, as well as having regard to 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 the MSY. To that end, the target fishing mortality for the stocks concerned, expressed in ranges, is to be achieved as soon as possible and, on a progressive, incremental basis, by 2020. It is appropriate that the catch limits applicable in 2021 for the cod, herring and sprat stocks in the Baltic Sea are established in line with the objectives of the plan.

(6)

The International Council for the Exploration of the Sea (ICES) has indicated that the biomass of western Baltic herring in ICES subdivisions 20-24 is only 48 % of the limit reference point for spawning stock biomass(Blim), below which it is possible that reproductive capacity might be reduced. Therefore, the scientific advice issued by ICES on 29 May 2020 in its annual stock advice was for zero catches for western Baltic herring. Under Article 5(2) of Regulation (EU) 2016/1139, all appropriate remedial measures should therefore to 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. To that end, it is necessary to take into account the timeline for the achievement of the objectives of the CFP in general, and of the plan in particular, in view of the expected effect of the remedial measures adopted, whilst at the same time adhering to the objectives of achieving economic, social and employment benefits as set out in Article 2 of Regulation (EU) No 1380/2013. Therefore and in accordance with Article 4(4) of Regulation (EU) 2016/1139, it is appropriate that fishing opportunities for western Baltic herring be set below the fishing mortality ranges, so as to take into account the decrease in the biomass for that stock in ICES subdivisions 20-24.

(7)

As regards the eastern Baltic cod stock, since 2019, ICES has been able to base its precautionary advice on a more data-rich assessment than was previously possible. ICES estimates that the biomass of eastern Baltic cod was below Blim in 2019 and has decreased further since then. ICES therefore reiterated its advice for zero catches of eastern Baltic cod for 2021. However, ICES has not been in a position to determine the values of the fishing mortality ranges. Like last year, if the fishing opportunities for eastern Baltic cod were to be set at the level indicated in the scientific advice, the obligation to land all catches in mixed fisheries with by-catches of eastern Baltic cod would lead to the phenomenon of ‘choke species’. In order to strike the right balance between continuing fisheries in view of the potentially severe socioeconomic implications of prohibiting any catches of eastern Baltic cod, and 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 eastern Baltic cod. The fishing opportunities are to be set in accordance with Article 5(2) of Regulation (EU) 2016/1139.

(8)

In May 2020, ICES provided updated advice on levels of cod by-catches in other fisheries. It is appropriate to set the fishing opportunities in accordance with that advice, 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 of the European Parliament and of the Council (3). Moreover, pursuant to Article 5(2) of Regulation (EU) 2016/1139, additional remedial measures are to be adopted to ensure the rapid return of the stock to levels above the level capable of producing MSY. Scientific advice indicates that spawning closures in particular can have additional benefits for a stock that cannot be achieved by TAC alone, for example increased recruitment through undisturbed spawning. Therefore it is appropriate to maintain the existing summer spawning closure. Furthermore, scientific advice indicates that the relative importance of recreational fisheries of eastern Baltic cod depends on the TAC level. Given the very reduced TAC, the quantities caught in recreational fisheries are considered substantial and it is therefore appropriate to maintain the prohibition of recreational fishing for cod in ICES subdivisions 25 and 26 where eastern Baltic cod is most abundant.

(9)

As regards the western Baltic cod stock, ICES has revised the estimated biomass downwards and estimates that the biomass of the western Baltic cod stock has not recovered to above the spawning stock biomass reference point below which specific and appropriate management action is to be taken (Btrigger). It is therefore appropriate to maintain the accompanying measures introduced for 2020 and to set the fishing opportunities in accordance with Article 5(1) of Regulation (EU) 2016/1139 while taking into account the levels of cod by-caught in other fisheries in ICES subdivision 24 advised by ICES, in order to be coherent with the approach followed in the eastern Baltic cod management area. Moreover, scientific advice indicates that the western and eastern cod stocks mix in ICES subdivision 24. In order to protect the eastern cod stock and ensure a level playing field with the eastern Baltic cod management area, the use of the TAC in ICES subdivision 24 should continue to be limited to by-catches of cod 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, and for small-scale coastal fishermen fishing with passive gears in areas up to six nautical miles from shore where the water depth is less than 20 metres since western cod is predominant in those shallow coastal areas. Moreover, the closure period in ICES subdivision 24 should be aligned with the closure period in ICES subdivisions 25 and 26 in order to ensure equivalent protection consistent with ICES advice.

(10)

Accordingly, and in order to ensure a level playing field with ICES subdivisions 25 and 26, recreational fishing for cod in ICES subdivision 24 should continue to be prohibited beyond six nautical miles from shore. Moreover, as the scientific advice indicates that recreational fisheries contribute significantly to the overall fishing mortality of that stock and taking into account the status of that stock and the reduction of the TAC, the daily bag limit per fisherman should be maintained. This is without prejudice to the principle of relative stability applicable to commercial fishing activities. Finally, given the fragile status of the stock and the fact that the scientific advice indicates that spawning closures in particular can have additional benefits for a stock that cannot be achieved by TAC alone, for example an increased recruitment through undisturbed spawning, the winter spawning closure should be maintained, with an exemption for certain small-scale coastal fishermen and 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.

(11)

ICES estimates that the biomass of central Baltic herring has fallen below the spawning stock biomass reference point below which specific and appropriate management action is to be taken (Btrigger). It is therefore appropriate to set the fishing opportunities in accordance with Article 5(1) of Regulation (EU) 2016/1139.

(12)

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

(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 increase 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 salmon fishery, in particular as sea trout catches. It is therefore appropriate to maintain that provision in order to reduce misreporting as much as possible.

(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 to Articles 33 and 34 thereof concerning the recording of catches and fishing effort, and to 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 year-to-year management of TACs including, under 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 Articles 3 or 4 shall not 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, in order 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 CFP 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 is below Blim and that only by-catch and scientific fisheries are permitted in 2021, Member States have undertaken not to apply Article 15(9) of Regulation (EU) No 1380/2013 for this stock for transfers from 2020 to 2021 so that catches in 2021 will not exceed the TAC set for eastern Baltic cod.

(18)

The fishing year for Norway pout in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 is from 1 November to 31 October. Based on new scientific advice, a preliminary TAC for Norway pout should be established for those areas. The United Kingdom does not hold a quota for Norway pout. However, part of the quota is taken in UK waters. The United Kingdom has been consulted in accordance with Article 130(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (6). A preliminary TAC for fishing opportunities for the period 1 November 2020 to 31 December 2020 should therefore be set. That TAC will allow for the start of the fishing season. The United Kingdom will be consulted on fishing opportunities for the period 1 January 2021 to 31 October 2021. Despite the fact that the United Kingdom has no quota share in this stock, the resource is shared with the United Kingdom. Therefore consultations concerning the joint management of the stock should take place after the expiration of the transition period on 31 December 2020. The Regulation on fishing opportunities for Norway pout in the ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 should later be amended to include the outcome of those consultations, for the period 1 January 2021 to 31 October 2021, to cover the full fishing year from 1 November 2020 to 31 October 2021.

(19)

In order to avoid the interruption of fishing activities and to ensure the livelihoods of Union fishermen, this Regulation should apply from 1 January 2021. However, this Regulation should apply to Norway pout in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 from 1 November 2020 until 31 October 2021. For reasons of urgency, this Regulation should enter into force immediately after its publication,

(1)

Action by the Union in the sector of maritime transport should aim to protect the marine environment and human health and to improve maritime safety.

(2)

The Maritime Safety Committee of the International Maritime Organization (‘IMO’), during its 102nd session to be held from 4 to 11 November 2020 (‘MSC 102’), is expected to approve jointly with the Marine Environment Protection Committee of the IMO an MSC-MEPC.5 circular on a Model agreement for the authorization of recognized organizations acting on behalf of the Administration (the ‘MSC-MEPC.5 circular’).

(3)

The Marine Environment Protection Committee of the IMO, during its 75th session to be held from 16 to 20 November 2020 (‘MEPC 75’), is expected to approve the MSC-MEPC.5 circular jointly with the Maritime Safety Committee of the IMO.

(4)

It is appropriate to establish the position to be taken on behalf of the Union during MSC 102 and MEPC 75, as the approval of the MSC-MEPC.5 circular is capable of decisively influencing the content of Union law, namely Directive 2009/15/EC of the European Parliament and of the Council (1).

(5)

The approval of the MSC-MEPC.5 circular, which supersedes circulars MSC/Circ.710 and MEPC/Circ.307, would update the Model agreement for the authorization of recognized organizations acting on behalf of the Administration and bring it into line with the Code for Recognized Organizations (IMO resolutions MSC.349(92) and MEPC.237(65)). That approval would contribute to increasing the accuracy, transparency and accountability of both the flag administration and recognised organisations at global level.

(6)

The Union is neither a member of the IMO nor a contracting party to the relevant conventions and codes. The Council should therefore authorise the Member States to express the position of the Union.

(7)

The scope of this Decision should be limited to the content of the MSC-MEPC.5 circular proposed, to the extent that that circular falls under the exclusive competence of the Union and may affect Union common rules. This Decision should not affect the division of competences between the Union and the Member States.

(8)

Council Decision (EU) 2020/721 of 19 May 2020 (2) should be amended to include a reference to the approval of the MSC-MEPC.5 circular,

(1)

The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2016/838 (2) and entered into force on 1 July 2016.

(2)

Pursuant to Article 406(3) of the Agreement, the Association Council has the power to update or amend the Annexes to the Agreement.

(3)

Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

(4)

Pursuant to Article 1 of the Decision No 3/2014 of the Association Council (3), the Association Council delegated the power to update or amend the Annexes to the Agreement which relate, inter alia, to Chapter 5 (Customs and trade facilitation) of Title IV (Trade and Trade-related Matters) of the Agreement to the Association Committee in Trade configuration, to the extent that there are no specific provisions in Chapter 5 relating to the update or the amendment of those Annexes.

(5)

The Association Committee in Trade configuration, during its 7th meeting, is to adopt a decision regarding the update of Annex XIII (Approximation of customs legislation) to the Agreement.

(6)

It is appropriate to establish the position to be taken on the Union’s behalf in the Association Committee in Trade configuration, as the envisaged decision will be binding on the Union,

(1)

The Agreement to prevent unregulated high seas fisheries in the Central Arctic Ocean (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2019/407 (1). The Agreement is expected to enter into force later this year.

(2)

The meeting of the Parties is responsible for the adoption of measures designed to ensure the Agreement’s implementation in order to achieve the objective of preventing unregulated fishing in the high seas portion of the central Arctic Ocean through the application of precautionary conservation and management measures as part of a long-term strategy to safeguard healthy marine ecosystems and to ensure the conservation and sustainable use of fish stocks. Such measures may become binding upon the Union.

(3)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (2) provides that the Union is to ensure that fishing and aquaculture activities are environmentally sustainable in the long term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies. It also provides that the Union is to apply the precautionary approach to fisheries management, and is to aim to ensure that exploitation of marine biological resources restores and maintains the population of harvested species above levels which can produce the maximum sustainable yield. It further provides that the Union is to take management and conservation measures based on the best available scientific advice, to support the development of scientific knowledge and advice, to gradually eliminate discards and to promote fishing methods that contribute to more selective fishing, to the avoidance and reduction, as far as possible, of unwanted catches, and to fishing with low impact on marine ecosystem and fishery resources. Furthermore, Regulation (EU) No 1380/2013 specifically provides that those objectives and principles are to be applied by the Union in the conduct of its external fisheries relations.

(4)

As stated in the Council conclusions of 19 November 2019 on Oceans and Seas, including the Arctic, the Joint Communication by the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission ‘An integrated European Union policy for the Arctic’, and the Council Conclusions of 24 March 2017 on ‘International ocean governance: an agenda for the future of oceans’, support for the Agreement and the possible creation of a regional fisheries management organisation or arrangement in the Arctic high seas is an important objective for the Union in order to safeguard the Arctic environment and ensure sustainable development in and around the Arctic region on the basis of international cooperation.

(5)

It is appropriate to establish the position to be taken on the Union’s behalf at the meeting of the Parties to the Agreement for the period 2020-2024, as conservation and management measures under the Agreement will be binding on the Union and capable of decisively influencing the content of Union law, namely Council Regulations (EC) No 1005/2008 (3) and (EC) No 1224/2009 (4), and Regulation (EU) 2017/2403 of the European Parliament and of the Council (5).

(6)

In view of the limited knowledge on and nature of fishery resources in the Agreement Area, and the consequent need for the position of the Union to take account of new developments, including new scientific and other relevant information presented before or during the meetings of the Parties, procedures should be established, in line with the principle of sincere cooperation among the Union institutions enshrined in Article 13(2) of the Treaty on European Union, for the year-to-year specification of the Union’s position for the period 2020-2024.

(7)

This Decision may be followed at a later stage by a further separate Council decision on the opening of negotiations to establish one or more additional regional or subregional fisheries management organisations or arrangements in the Arctic high seas,

(1)

The Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part (1) (‘the Agreement’) was signed on behalf of the Union in accordance with Council Decision (EU) 2018/104 (2) and has been partially applied on a provisional basis since 1 June 2018.

(2)

At its meeting of 17 October 2019, in accordance with Article 339(1) of the Agreement, the Partnership Committee established a list of 15 individuals who are willing and able to serve as arbitrators (‘the list of arbitrators’).

(3)

Armenia has informed the Union that one of the individuals it had proposed no longer fulfils the conditions set out in Article 339(2) of the Agreement and should therefore be replaced.

(4)

In order to ensure the operation of the provisionally applied provisions of the Agreement, the Partnership Committee is to adopt a decision to replace the list of arbitrators with an amended list.

(5)

It is appropriate to establish the position to be adopted on the Union’s behalf in the Partnership Committee as the decision of the Partnership Committee to replace the list of arbitrators will be binding upon the Union,

(1)

The Convention on International Civil Aviation (‘the Chicago Convention’) which regulates international air transport, entered into force on 4 April 1947. It established the International Civil Aviation Organization (ICAO).

(2)

The Member States are Contracting States to the Chicago Convention and members of the ICAO, while the Union has observer status in certain ICAO bodies. There are seven Member States represented in the ICAO Council.

(3)

Pursuant to Article 54 of the Chicago Convention, the ICAO Council may adopt international standards and recommended practices, and designate them as Annexes to the Chicago Convention.

(4)

Pursuant to Article 90 of the Chicago Convention, any such Annex or any amendment of an Annex shall become effective within three months after its submission to the ICAO Contracting States, or at the end of such longer period of time as the ICAO Council may prescribe, unless in the meantime a majority of ICAO Contracting States register their disapproval.

(5)

Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any international standard or procedure as referred to in Article 37 of that Convention or to bring its own regulations or practices into full accord with any such international standard or procedures or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, is to give immediate notification to the ICAO of the differences between its own practice and that established by the international standard.

(6)

The COVID-19 pandemic has negatively impacted aircraft operators, aircraft manufacturers and sub-tier suppliers to equipment manufacturers, and has delayed the development of new systems. Aircraft operators are cancelling or deferring aircraft deliveries, resulting in the delivery of aircraft intended for 2020 to be deferred to 2021. A newly manufactured aircraft configured for a 2020 delivery which has been delayed until 2021 requires reconfiguration to the applicable provisions after 1 January 2021. Aircraft operators and aircraft manufacturers face undue financial burden if those aircraft need to be retrofitted. Therefore, the Commission is in the process of adopting a postponement of that date at Union level, by way of amendments to Regulation (EU) No 965/2012. The cockpit voice recorder (‘CVR’) is used in support of accident and incident investigation. A delay in implementation of CVR duration from two hours to 25 hours poses no significant safety risk, but does align the safety benefit of a longer duration cockpit voice recording with current realities facing the aviation industry. The Union is a strong supporter of the efforts by ICAO to improve aviation safety. Considering the unprecedented situation caused by the COVID-19 pandemic and the absence of a significant safety risk, the Union should, therefore, support those amendments.

(7)

It is appropriate to establish the position to be taken on the Union’s behalf in the 221st session of the ICAO Council with regard to the envisaged Amendment 46 to Annex 6, Part I, and Amendment 39 to Annex 6, Part II. That position should be to support those amendments and is to be expressed by the Member States of the Union that are members of the ICAO Council, acting jointly on behalf of the Union.

(8)

The position of the Union after the adoption without substantial changes of Amendment 46 to Annex 6, Part I, and Amendment 39 to Annex 6, Part II, by the ICAO Council, to be announced by the ICAO Secretary-General via an ICAO State Letter procedure, should be not to register disapproval and to notify compliance with those amendments and is to be expressed by all the Member States of the Union,

(1)

On 1 October 2015, the Council adopted Decision (CFSP) 2015/1763 (1) concerning restrictive measures in view of the situation in Burundi.

(2)

On the basis of a review of Decision (CFSP) 2015/1763, the restrictive measures should be renewed until 31 October 2021 and the information concerning two natural persons should be amended.

(3)

Decision (CFSP) 2015/1763 should therefore be amended accordingly,

(1)

On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1) concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova.

(2)

On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 31 October 2021. The Council will carry out a review of the situation with regard to the restrictive measures after six months.

(3)

Decision 2010/573/CFSP should therefore be amended accordingly,

(1)

In accordance with the procedure laid down in Articles 19 to 22 of Regulation (EU) 2018/1877 (‘the 11th EDF Financial Regulation’), the Commission is to present a proposal by 10 October 2020 specifying (a) the amount of the third instalment of the contribution for 2020, and (b) a revised annual amount of the contribution for 2020, in cases where the amount deviates from actual needs.

(2)

In accordance with Article 46 of the 11th EDF Financial Regulation, the European Investment Bank (EIB) sent to the Commission its updated estimates of commitments and payments under the instruments it manages.

(3)

Article 20(1) of the 11th EDF Financial Regulation provides that calls for contributions first use up the amounts provided for in previous European Development Funds (EDFs). Therefore, a call for funds under the 10th European Development Fund (the ‘10th EDF’) for the EIB and under the 11th European Development Fund (the ‘11th EDF’) for the Commission should be made.

(4)

The Council has adopted, based on a proposal from the Commission, Decision (EU) 2019/1800 (3), which sets the annual amount of the Member States’ EDF contributions for 2020 at EUR 4 400 000 000 for the Commission, and at EUR 300 000 000 for the EIB.

(5)

Articles 152 and 153 of the Agreement on the withdrawal of of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (4) stipulate that the United Kingdom shall remain party to the EDF until the closure of the 11th EDF and all previous unclosed EDFs. However, the United Kingdom’s share in decommitted funds from projects under the 10th EDF or previous EDFs shall not be reused,