Legal provisions of COM(2024)213 - Amendment of and correcting Regulation (EU) 2024/257 fixing for 2024, 2025 and 2026 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters and Regulation (EU) 2023/194 fixing for 2023 such fishing opportunities

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Article 1

Amendments to Regulation (EU) 2024/257

Regulation (EU) 2024/257 is amended as follows:

(1)in Article 1(2), the following point is added:

‘(d)fishing opportunities for the period from 1 June 2024 to 31 May 2025 in the North Pacific Fisheries Commission (NPFC) Convention area.’

;

(2)in Article 4, the following point is inserted:

‘(ra)“NPFC Convention area” means the geographical area defined in the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean (*1).

(*1)   OJ L 55, 28.2.2022, p. 14. The Union acceded to the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean by means of Council Decision (EU) 2022/314 of 15 February 2022 on the accession of the European Union to the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean (OJ L 55, 28.2.2022, p. 12);’;"

(3)the following Article is inserted:

‘Article 12a

Measures on pollack in ICES divisions 8a, 8b, 8d and 8e

A minimum conservation reference size of 42 cm shall apply for the catches of pollack in ICES divisions 8a, 8b, 8d and 8e.’

;

(4)in Article 20(1), points (c) to (f) are deleted;

(5)Article 27 is replaced by the following:

‘Article 27

Sharks

In addition to the prohibitions established in Articles 32 to 36 of Regulation (EU) 2017/2107, it shall also be prohibited to engage in directed fishery for species of thresher sharks of the Alopias genus.’

;

(6)the following Section is inserted:

‘SECTION 11A

NPFC CONVENTION AREA

Article 48a

Chub mackerel fishery

1. For Union fishing vessels fishing in the NPFC Convention area, flag Member States shall transmit the following aggregated data to the Commission by the following dates:

(a)monthly catches under the catch limits for chub mackerel (Scomber japonicus) for all NPFC Contracting Parties for trawlers and purse seiners respectively, as set out in Annex IM when utilisation of those catch limits is below 60 %, by the seventh day of the following month; and

(b)weekly catches of chub mackerel under those catch limits when utilisation of those catch limits is above 60 % and below 95 %, by Tuesday of the following week.

The Commission shall compile and promptly transmit that information to the NPFC Executive Secretary.

2. Within two days from the issue date of notifications of the NPFC Executive Secretary that the utilisation of those catch limits has reached 95 %, the Commission shall close the fisheries under those catch limits.

3. The Commission shall compile and transmit annual catches of chub mackerel in the NPFC Convention area to the NPFC Executive Secretary by the end of February of the following year.

4. This Article shall apply in addition to the reporting obligations on fishing opportunities set out in Article 33 of Council Regulation (EC) No 1224/2009 (*2).

Article 48b

Protection of sharks in the NPFC Convention area

1. Union fishing vessels fishing in the NPFC Convention area shall not fish for, retain on board, tranship or land sharks in the NPFC Convention area.

2. When accidentally caught, specimens of the species referred to in paragraph 1 shall not be harmed and shall be promptly released.

Article 48c

Protection of anadromous fish in the NPFC Convention area

1. Union fishing vessels fishing in the NPFC Convention area shall not fish for, retain on board, tranship or land Chum salmon (Oncorhynchus keta), Coho salmon (Oncorhynchus kisutch), Pink salmon (Oncorhynchus gorbuscha), Sockeye salmon (Oncorhynchus nerka), Chinook salmon (Oncorhynchus tshawytscha), Cherry salmon (Oncorhynchus masou) and Steelhead trout (Oncorhynchus mykiss).

2. When accidentally caught, specimens of the species referred to in paragraph 1 shall not be harmed and shall be promptly released.

(*2)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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).’;"

(7)in Article 55(1), point (d) is deleted;

(8)in Article 59, the third paragraph is amended as follows:

(a)the following point is inserted after point (a):

‘(aa)Article 12a shall apply from 1 July 2024 to 31 December 2024 or until the date on which a delegated act adopted in accordance with Article 15(2) of Regulation (EU) 2019/1241 and amending Annex VII, Part A, of that Regulation regarding the minimum conservation reference size for pollack in ICES divisions 8a, 8b, 8d and 8e becomes applicable, whichever is earlier;’

;

(b)the following point is inserted after point (g):

‘(ga)Section 11a shall apply from 1 June 2024 to 31 May 2025 or until the date on which a Regulation of the European Parliament and of the Council laying down measures applicable in the area covered by the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean becomes applicable, whichever is earlier;’

;

(c)the following point is inserted after point (j):

‘(ja)Annexes IM and Xa shall apply from 1 June 2024 to 31 May 2025;’

;

(9)Annexes IA, IB, ID, IK and VI are amended in accordance with Annex I, part I, to this Regulation;

(10)Annexes IM and Xa are inserted in accordance with Annex I, parts II and III, to this Regulation.

Article 2

Amendments to Regulation (EU) 2023/194

Regulation (EU) 2023/194 is amended as follows:

(1)in Article 18(1), point (p) is replaced by the following:

‘(p)deep-sea species listed in Annex IA, Part D, in Union, United Kingdom and international waters of ICES zones: 1; 2, except UK waters of division 2a; 5 to 10; 12 and 14, and CECAF areas 34.1.1, 34.1.2 and 34.2. In addition, in Union and United Kingdom waters of ICES division 2a and subarea 4, where specified in that Annex.’

;

(2)in Article 55(1), point (k) is replaced by the following:

‘(k)deep-sea sharks listed in Annex IA, Part D, in Union waters of ICES subareas 6 to 10 and CECAF areas 34.1.1, 34.1.2 and 34.2. In addition, in Union waters of ICES subarea 4, where specified in that Annex.’

;

(3)Annex IA is amended in accordance with Annex II to this Regulation.

Article 3

Entry into force and application

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

It shall apply from 1 December 2023. However, Article 2 shall apply from 1 January 2024.

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