Legal provisions of COM(2024)408 - Fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas for 2025

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2024)408 - Fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black ...
document COM(2024)408 EN
date January 30, 2025


TITLE I

GENERAL PROVISIONS

Article 1

Scope

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

(a)European eel (Anguilla anguilla), 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 Alboran 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 such fishing activities 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’ (TAC) means:

(i)in fisheries subject to the exemption of the landing obligation as laid down 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’ (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 fishing zone definitions apply:

(a)‘GFCM geographical subareas’ (GFCM GSAs) means the areas set out in Annex I to Regulation (EU) 2023/2124 of the European Parliament and of the Council (7);

(b)‘Mediterranean Sea’ means the waters in GFCM geographical subareas 1 to 27, as set out in Annex I to Regulation (EU) 2023/2124;

(c)‘western Mediterranean Sea’ means the waters in GFCM geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11, as set out in Annex I to Regulation (EU) 2023/2124;

(d)‘Adriatic Sea’ means the waters in GFCM geographical subareas 17 and 18, as set out in Annex I to Regulation (EU) 2023/2124;

(e)‘Strait of Sicily’ means the waters in GFCM geographical subareas 12, 13, 14, 15 and 16, as set out in Annex I to Regulation (EU) 2023/2124;

(f)‘Ionian Sea’ means the waters in GFCM geographical subareas 19, 20 and 21, as set out in Annex I to Regulation (EU) 2023/2124;

(g)‘Levant Sea’ means the waters in GFCM geographical subareas 24, 25, 26 and 27, as set out in Annex I to Regulation (EU) 2023/2124;

(h)‘Alboran Sea’ means the waters in GFCM geographical subareas 1, 2 and 3, as set out in Annex I to Regulation (EU) 2023/2124;

(i)‘Black Sea’ means the waters in GFCM geographical subarea 29, as set out in Annex I to Regulation (EU) 2023/2124.

TITLE II

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS

CHAPTER I

Mediterranean Sea

Article 4

European eel

1. This Article applies to the GFCM geographical subareas 1 to 27, to brackish waters and to freshwaters. Brackish waters include estuaries, coastal lagoons and transitional waters.

2. It shall be prohibited to engage in commercial fishing activities for European eel (Anguilla anguilla) of an overall length of more than 12 cm, either as a targeted species or as incidental by-catch, for a period of at least six months in 2025. To that effect, each Member State concerned shall determine one or more closure periods subject to the following:

(a)where appropriate, the closure period or periods may differ within one Member State from one fishing area to another in order to take account of the geographical and temporal migration pattern of European eel at its different life stages;

(b)the closure period or periods shall last either at least six consecutive months, or a total of six months in accordance with the conditions set out in paragraph 3; and

(c)the closure period or periods shall be consistent with the conservation objectives set out in Council Regulation (EC) No 1100/2007 (8), with national management plans in place and with the temporal migration patterns of European eel at the respective life stage in the Member State concerned.

3. The closure period shall be from 1 January to 31 March 2025, and an additional closure period of three months shall be established by each Member State concerned to take place between 1 April and 30 November 2025.

4. Commercial fishing activities for European eel of an overall length of less than 12 cm shall be authorised annually for a period of two months, and those fishing activities shall be monitored by a designated scientific institution which shall supervise data collection and analyses.

5. The maximum number of fishing authorisations and the maximum number of passive gears authorised to target European eel of an overall length of less than 12 cm for commercial purposes shall not exceed the levels set out in Annex I.

6. Recreational fisheries of European eel at all life stages shall be prohibited.

7. Each Member State concerned shall inform the Commission of:

(a)the closure period or closure periods that it has determined in accordance with paragraphs 2 and 3 by 1 March 2025;

(b)the national measures relating to the closure period or closure periods that it has determined in accordance with paragraphs 2 and 3, within two weeks of their adoption; and

(c)the period authorised to fish for European eel of an overall length of less than 12 cm in accordance with paragraph 4 by 1 March 2025.

Article 5

Red coral

1. This Article applies to all activities by Union fishing vessels and other Union fishing activities harvesting red coral (Corallium rubrum) 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 II.

Article 6

Common dolphinfish

1. This Article applies to all commercial pelagic fishing activities by Union fishing vessels targeting common dolphinfish (Coryphaena hippurus) by using FADs in the Mediterranean Sea. It also applies to recreational fisheries of common dolphinfish in the Mediterranean Sea.

2. The maximum fleet capacity, expressed in number of vessels, kW and gross tonnage (GT), of Union fishing vessels authorised to fish for common dolphinfish is set out in Annex III.

3. The maximum number of FADs per vessel authorised to fish for common dolphinfish is set out in Annex III.

4. The maximum level of catches of common dolphinfish shall not exceed the levels set out in Annex III.

5. For recreational fisheries, the maximum number of catches shall be limited to 10 kg or five fish of any size per person per day.

CHAPTER II

Western Mediterranean Sea

Article 7

Demersal stocks

1. This Article applies to all fishing 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 IV 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 maximum catch limits for deep-water shrimp in the Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion is set out in Annex IV.

4. The maximum catch limits for deep-water shrimp in Corsica Island, Ligurian Sea, Tyrrhenian Sea and Sardinia Island is set out in Annex IV.

5. The allocation of fishing opportunities among Member States as set out in Annex IV 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)additional landings allowed under Article 3 of Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013;

(d)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;

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

Article 8

Compensation mechanism

1. For the fleet segment concerned and the list of eligible vessels concerned, a Member State may grant in 2025 to vessels flying its flag an additional allocation of fishing days as provided for in this paragraph and calculated in accordance with paragraphs 4 and 5, provided that the vessel receiving the additional allocation fulfils one or more of the following conditions set at national level:

(a)if the vessel removes the otter-twin trawl gears (OTT), a Member State may increase the allocation of fishing days by 24 %; if the vessel is implementing that measure before 1 May 2025, the allocation of fishing days may be increased by 35 %; if the total number of vessels represents more than 40 % of the fleet of the Member State concerned, the Member State may increase the allocation of fishing days by 40 %;

(b)if the vessel uses a trawl net with 45 mm square mesh in codend, a Member State may increase the allocation of fishing days by 9,3 %; if the vessel is implementing that measure before 1 May 2025, the allocation of fishing days may be increased by 18,6 %; if the total number of vessels represents more than 40 % of the fleet of the Member State concerned, the Member State may increase the allocation of fishing days by 25 %; if the measure applies to all vessels of the Member State concerned, the Member State may increase the allocation of the fishing days by 30 %;

(c)if the vessel uses a trawl net with 50 mm square mesh in codend, a Member State may increase the allocation of fishing days by 15,4 %; if the vessel is implementing that measure before 1 May 2025, the allocation of fishing days may be increased by 30,8 %; if the total number of vessels represents more than 40 % of the fleet of the Member State concerned, the Member State may increase the allocation of fishing days by 40 %; if the measure applies to all vessels of the Member State concerned, the Member State may increase the allocation of the fishing days by 50 %;

(d)if the vessel is subject to a closure period prohibiting fishing activities for trawlers between depths 100 m to 500 m for at least six continuous weeks between May and September, a Member State may increase the allocation of fishing days by 10 %;

(e)if the vessel is subject to a closure period prohibiting fishing activity for trawlers in GFCM GSAs 8, 9, 10 and 11 for at least four continuous weeks between May and October, a Member State may increase the allocation of fishing days by 15 %;

(f)if the vessel is subject to a closure period prohibiting fishing activity for trawlers in GFCM GSAs 1, 2, 5, 6 and 7 for at least four continuous weeks between May and October, a Member State may increase the allocation of fishing days by 15 %;

(g)if the vessel is subject to a national closure area covering at least 5 % of their fishing grounds between depths 100 m and 500 m, a Member State may increase the allocation of fishing days by 4 %;

(h)if the vessel is subject to a temporary closure area allowing for the reduction of at least 20 % catches of spawners of European hake, a Member State may increase the allocation of fishing days by 13 %;

(i)if the vessel is subject to a temporary closure area allowing for the reduction of at least 25 % catches of juveniles of all demersal species or by at least 20 % catches of spawners of all demersal species, a Member State may increase the allocation of fishing days by 3 %;

(j)if the vessel is subject to a permanent closure for fishing activity with trawlers at a depth below 800 m, a Member State may increase the allocation of fishing days by 3 %;

(k)if the vessel uses a trawl with flying, mid-waters doors, low-contact otter boards or other doors which reduce the contact of the doors and the gear with the seabed, to preserve the essential fish habitats of the demersal species a Member State may increase the allocation of fishing days by 3 %;

(l)if the vessel uses a regulated highly selective gear, the technical specifications of which results in, according to a study by STECF, a reduction of at least 25 % of catches of juveniles of all demersal species or at least 20 % of spawners of all demersal species compared to 2020, such as a sorting grid with 20 mm spacing, a Member State may increase the allocation of fishing days by 3 %.

2. The Member State concerned shall submit to the Commission, when notifying additional allocation of fishing days, the list of fishing vessels that fulfil each of the selected conditions for compensation, as well as the related number of additional fishing days.

3. The Member State concerned shall submit to the Commission, by 15 October at the latest, its notification of additional allocation of fishing days and transmit to the Commission, as soon as possible, the relevant information concerning the fulfilment of the conditions.

4. The additional allocation of fishing days shall be calculated from the maximum effort allowed pursuant to Regulation (EU) 2024/259 proportionally to the relevant number of eligible vessels concerned by the conditions listed in paragraph 1.

5. The Member State concerned shall not allocate additional fishing days that would result in exceeding the level of fishing effort set for the relevant fishing effort group in Regulation (EU) 2024/259.

6. 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.

Article 9

Remedial measures for European hake in GFCM GSAs 1, 2, 5, 6 and 7, blue and red shrimp in GFCM GSAs 5, 6 and 7, giant red shrimp in GFCM GSAs 8, 9, 10 and 11, and Norway lobster in GFCM GSA 6

1. This Article applies to fishing activities by Union vessels catching European hake (Merluccius merluccius) in GFCM GSAs 1, 2, 5, 6 and 7, Norway lobster (Nephrops norvegicus) in GFCM GSA 6, blue and red shrimp (Aristeus antennatus) in GFCM GSAs 5, 6 and 7, and giant red shrimp (Aristaeomorpha foliacea) in GFCM GSAs 8, 9, 10 and 11.

2. The maximum catch limit of European hake for Union fishing vessels using gillnets and trammel nets (GNS, GTR, GND) in Union waters of the Western Mediterranean Sea is set out in Annex IV.

3. Member States shall adopt a minimum conservation reference size for blue and red shrimp and for giant red shrimp of at least 25 mm CL.

4. Member States shall adopt a minimum conservation reference size for Norway lobster of at least 25 mm CL.

5. This Article shall not apply to fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with Article 25 of Regulation (EU) 2019/1241 of the European Parliament and of the Council (9).

Article 10

Remedial measures for European hake in GFCM GSAs 8, 9, 10 and 11

1. This Article applies to fishing activities by Union vessels catching European hake (Merluccius merluccius) in GFCM GSAs 8, 9, 10 and 11.

2. The maximum catch limit of European hake for Union fishing vessels using gillnets and trammel nets (GNS, GTR, GND) in Union waters of the Western Mediterranean Sea is set out in Annex IV.

3. This Article shall not apply to fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with Article 25 of Regulation (EU) 2019/1241.

Article 11

Data recording and transmission

1. Member States shall record and transmit the fishing effort data to the Commission in accordance with Articles 33 and 34 of Regulation (EC) No 1224/2009 and Articles 146c, 146d and 146e of Commission Implementing Regulation (EU) No 404/2011 (10).

2. When Member States submit to the Commission data relating to fishing effort pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the fishing effort group codes set out in Annex IV to this Regulation.

CHAPTER III

Adriatic Sea

Article 12

Small pelagic stocks

1. This Article applies to all fishing 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 of sardine and anchovy shall not exceed the levels set out in Annex V.

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

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 13

Demersal stocks

1. This Article applies to all fishing 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 those demersal stocks and the maximum fleet capacity within the scope of this Article is set out in Annex V.

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

Article 14

Data transmission

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

CHAPTER IV

Strait of Sicily

Article 15

European hake and deep-water rose shrimp

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 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 allowable fishing effort for European hake (expressed in number of fishing days), for bottom otter-trawl vessels (OTB) targeting European hake is set out in Annex VI.

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

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

Article 16

Deep-water shrimps

1. This Article applies to all fishing 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 the 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.

Article 17

Data transmission

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

CHAPTER V

Ionian Sea and Levant Sea

Article 18

Deep-water shrimps

1. This Article applies to all fishing 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 VII.

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

CHAPTER VI

Alboran Sea

Article 19

Blackspot seabream

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

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

3. The maximum number of longliners and handliners authorised to fish for blackspot seabream is set out in Annex VIII.

4. A temporal closure shall be established with a view to protecting the key stock during spawning for periods of no less than 60 continuous days. Such closure shall last for at least two months and shall take place during the period from January to March 2025 and shall cover the key areas of distribution of blackspot seabream in the Alboran Sea.

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

CHAPTER VII

Black Sea

Article 20

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 is set out in Annex IX.

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 21

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 IX.

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 22

Management of fishing effort for turbot

Union fishing vessels authorised to fish for turbot within the scope of Article 21, irrespective of the vessels’ overall length, shall not exceed 180 fishing days per year.

Article 23

Closure period for turbot

It shall be prohibited for Union fishing vessels to carry out any fishing activity for turbot, 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 24

Special provisions on allocations of fishing opportunities in the Black Sea

The allocation of fishing opportunities among Member States as set out in Annex IX of this Regulation 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 25

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 IX to this Regulation.

TITLE III

FINAL PROVISIONS

Article 26

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 2025 to 31 December 2025.

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