Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on the fixing and allocation of fishing opportunities.
(2)
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 (STECF) and other advisory bodies, as well as any advice received from advisory councils.
(3)
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. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities should be fixed in accordance with the objectives of the Common Fisheries Policy (CFP) established in Article 2(2) of that Regulation. In accordance with Article 16(1) of that Regulation, fishing opportunities should be allocated to Member States in such a way as to ensure relative stability of fishing activities of each Member State for each fish stock or fishery.
(4)
The total allowable catch (TAC) should therefore be established, in line with Regulation (EU) No 1380/2013, on the basis of available scientific advice, taking into account biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, in particular at the meetings of the advisory councils.
(5)
In accordance with Article 15 of Regulation (EU) No 1380/2013, the landing obligation applies fully from 1 January 2019 and all species subject to catch limits should be landed. Article 16(2) of Regulation (EU) No 1380/2013 provides that, when the landing obligation in respect of a fish stock applies, fishing opportunities are to be fixed taking into account the change from fixing fishing opportunities that reflect landings to fixing fishing opportunities that reflect catches. On the basis of the joint recommendations submitted by the Member States and in accordance with Article 15 of Regulation (EU) No 1380/2013, the Commission adopted a number of delegated Regulations laying down details for the implementation of the landing obligation in the form of specific discard plans applicable on a temporary basis for a maximum period of three years.
(6)
The fishing opportunities for stocks of species falling under the landing obligation should take into account the fact that discarding is in principle no longer allowed. Therefore, the fishing opportunities should be based on the advice figure for total catches (instead of the advice figure for wanted catches), as provided by the International Council for the Exploration of the Sea (ICES). The amounts that, by way of exception, may continue to be discarded during the operation of the landing obligation should be deducted from that advice figure for total catches.
(7)
There are certain stocks for which ICES has issued scientific advice for no catches. If TACs for those stocks are established at the level indicated in the scientific advice, the obligation to land all catches, including by-catches from those stocks, in mixed fisheries would lead to the phenomenon of ‘choke species’. In order to strike the right balance between continuing fisheries in view of the potentially severe socio-economic implications, and the need to achieve a good biological status for those stocks, taking into account the difficulty of fishing all stocks in a mixed fishery at maximum sustainable yield (MSY) at the same time, it is appropriate to establish specific TACs for by-catches for those stocks. The level of those TACs should be such that mortality for those stocks is decreased and that it provides incentives for improvements in selectivity and avoidance. In order to guarantee to the extent possible the use of fishing opportunities in mixed fisheries in accordance with Article 16(2) of Regulation (EU) No 1380/2013, it is appropriate to establish a pool for quota exchanges for those Member States that have no quota to cover their unavoidable by-catches.
(8)
In order to reduce catches of the stocks for which by-catch TACs are set, fishing opportunities for the fisheries in which fish from those stocks is caught should be set at levels that help the biomass of vulnerable stocks to recover to sustainable levels. Technical and control measures that are intrinsically linked to fishing opportunities should also be established to prevent illegal discarding.
(9)
According to scientific advice, the spawning-stock biomass of European seabass (Dicentrarchus labrax) in the Celtic Sea, Channel, Irish Sea and southern North Sea (ICES divisions 4b, 4c, 7a, and 7d to 7h) has been declining since 2009 and is currently below MSY Btrigger and just above Blim. The fishing mortality, due to the measures taken by the Union has decreased and is currently below FMSY. However, recruitment is low, fluctuating without trend since 2008. Therefore, the catch limits should be continued, while ensuring that the target fishing mortality for this stock is in line with MSY.
(10)
In accordance with the Western Waters multiannual plan established by Regulation (EU) 2019/472 of the European Parliament and of the Council (2), the target fishing mortality, in line with the ranges of FMSY defined in Article 2 of that Regulation, is to be achieved as soon as possible, and on progressive and incremental basis by 2020 for the stocks listed in Article 1(1) of that Regulation and shall be maintained thereafter within the ranges of FMSY, in accordance with Article 4 of that Regulation. The overall fishing mortality for seabass in ICES divisions 8a and 8b should therefore be set in line with MSY, taking into account commercial and recreational catches and including discards (2 533 tonnes altogether according to the ICES advice). Member States are to take appropriate measures to ensure that the fishing mortality from their fleets and from their recreational fishermen does not exceed FMSY point value, as required by Article 4(3) of Regulation (EU) 2019/472.
(11)
Measures for recreational fisheries for European seabass should also be continued, taking account of the significant impact of such fisheries on the stocks concerned. Within the limits of the scientific advice, the catch-and-release practice and the bag limits should be continued. Considering the lack of sufficient selectivity and that higher number of specimens are likely to be caught than the established limits, fixed nets should be excluded. When only the catch-and-release practice is allowed, only the gear ensuring high survival rates should be permitted. Having considered environmental, social and economic circumstances, and especially the dependency of commercial fishermen on those stocks in coastal communities, those measures on European seabass would strike an appropriate balance between the interests of commercial and recreational fishermen. In particular, those measures would allow recreational fishermen to exercise their fishing activities by taking into account their impact on those stocks.
(12)
As regards the European eel (Anguilla anguilla) stock, ICES has advised that all anthropogenic mortalities, including recreational and commercial fisheries, should be reduced to zero, or kept as close to zero as possible. Moreover, the General Fisheries Commission for the Mediterranean (GFCM) adopted Recommendation GFCM/42/2018/1 establishing management measures for European eel in the Mediterranean. It is appropriate to maintain the level-playing field across the Union and hence to maintain also for the Union waters of the ICES area as well as brackish waters such as estuaries, coastal lagoons and transitional waters a consecutive three-month closure period for all fisheries of European eel at all life stages. As the fishing closure period should be consistent with the conservation objectives set out in Council Regulation (EC) No 1100/2007 (3) and with the temporal migration patterns of European eel, for the Union waters of the ICES area it is appropriate to set it in the period between 1 August 2020 and 28 February 2021.
(13)
For some years, certain TACs for stocks of elasmobranchs (skates, sharks, rays) have been set at zero, with a linked provision establishing an obligation to immediately release accidental catches. The reason for that specific treatment was the poor conservation status of those stocks and the assumption that discarding, because of high survival rates, would not raise fishing mortality rates and would be beneficial for the conservation of those species. As of 1 January 2019, however, catches of those species have to be landed, unless they are covered by any of the derogations from the landing obligation provided for in Article 15 of Regulation (EU) No 1380/2013. Point (a) of Article 15(4) of that Regulation allows such derogations for species in respect of which fishing is prohibited and which are identified as such in a Union legal act adopted in the area of the CFP. Therefore, it is appropriate to prohibit fishing of those species in the areas concerned.
(14)
Pursuant to Article 16(4) of Regulation (EU) No 1380/2013, for stocks subject to specific multiannual plans the TACs should be established in accordance with the rules laid down in those plans.
(15)
The North Sea multiannual plan was established by Regulation (EU) 2018/973 of the European Parliament and of the Council (4) and entered into force in 2018. The Western Waters multiannual plan entered into force in 2019. Fishing opportunities for stocks listed in Article 1 of those plans should be established in accordance with targets (ranges of FMSY) and safeguards in compliance with conditions provided for in those plans. The ranges of FMSY have been identified in the relevant ICES advice. Where no adequate scientific information is available, fishing opportunities for by-catch stocks should be established in accordance with the precautionary approach, as set out in the multiannual plans. In order to limit variations in fishing opportunities between consecutive years, in accordance with point (c) of Article 4(5) of Regulation (EU) 2019/472, it is appropriate to use the upper range of FMSY for the stocks of northern hake and southern hake.
(16)
In accordance with Article 8 of the Western Waters multiannual plan, where scientific advice indicates that the spawning stock biomass of any of the stocks referred to in Article 1(1) of that plan is below the Blim, further remedial measures must be taken to ensure rapid return of the stock to levels above the level capable of producing MSY. In particular, those remedial measures may include suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities for those stocks and/or other stocks in the fisheries having by-catches of cod or whiting.
(17)
In its advice, ICES indicated that stocks of cod and whiting in the Celtic Sea are below Blim. Therefore, further remedial measures should be taken for those stocks. Those measures should contribute to the recovery of the stocks concerned and should replace further reduction of fishing opportunities for fisheries in which those stocks are caught. As regards whiting in the Celtic Sea, those measures should consist of technical modifications to characteristics of gear to decrease by-catches of whiting, which are functionally linked to fishing opportunities for fisheries in which those species are being caught.
(18)
Remedial measures have been taken in 2019 fishing opportunities in respect of the Celtic Sea cod. On that occasion, the TAC for this stock was reserved for by-catches only. However, since the stock is under Blim, further remedial measures should be taken in order to bring the stock above the level capable of producing MSY, in accordance with Article 8(2) of the Western Waters multiannual plan. Such measures would improve selectivity by making the usage of gear that have lower levels of by-catches of cod mandatory in the areas where cod catches are significant, thus decreasing the fishing mortality of this stock in mixed fisheries. The level of the TAC should be established to avoid premature closure of the fishery in early 2020. In addition, the TAC should be such as to avoid potential discarding, which could undermine data collection and scientific assessment of the stock. Establishing the TAC at 805 tonnes would ensure a considerable increase in the stock spawning biomass in 2020 of at least 100 %, in order to ensure rapid return of the stock to levels capable of producing MSY (Btrigger).
(19)
The TACs for bluefin tuna in the eastern Atlantic and Mediterranean should be established in accordance with the rules laid down in Regulation (EU) 2016/1627 of the European Parliament and of the Council (5).
(20)
As a result of a benchmark exercise on the stock of herring to the west of Scotland, ICES has provided advice for the combined herring stocks in divisions 6a, 7b and 7c (West of Scotland, West of Ireland). The advice covers two separate TACs (for divisions 6aS, 7b and 7c on the one hand, and for divisions 5b, 6b and 6aN on the other). According to ICES, a rebuilding plan has to be developed for those stocks. Therefore, a TAC should be established to permit limited catches in the framework of a commercially operated scientific sampling programme.
(21)
According to scientific advice by ICES, the Celtic Sea herring (Clupea harengus) stock (in ICES divisions 7a South of 52° 30' N, 7g–h, and 7j–k) is below Blim. Therefore, ICES advised that catches in 2020 should be zero tonnes. ICES suggested that a monitoring fishery should be conducted to maximise the contribution to scientific data collection, including assisting with the acoustic survey and that the minimum level of catches should be 869 tonnes. This figure could provide the minimum number of at least 17 samples required for a TAC monitoring. It is thus appropriate to set a TAC for a sentinel fishery for Celtic Sea herring to collect uninterrupted fisheries-dependent catch data, without impairing the recovery of the stock.
(22)
On 17 December 2018 ICES has published scientific advice on the inter-area flexibility for horse mackerel (Trachurus spp.) between ICES divisions 8c and 9a. ICES advised the inter-area flexibility between those two stocks should not exceed the difference between the catch corresponding to a fishing mortality of Fp.05 and the established TAC. There should also be no transfer of TAC to a stock with a spawning-stock biomass below the limit reference point (Blim). Under the conditions of that scientific advice, the inter-area flexibility (special condition) for horse mackerel between ICES subarea 9 and ICES division 8c for 2020 should be established at 10 %.
(23)
For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in point (8) of Article 4(1) of Regulation (EU) No 1380/2013, while taking into account stock-specific factors, including, in particular, available information on stock trends and mixed fisheries considerations.
(24)
Council Regulation (EC) No 847/96 (6) introduced additional conditions for year-to-year management of TACs including, under Articles 3 and 4 of that Regulation, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when establishing the TACs, the Council is to decide to which stocks Article 3 or 4 of that Regulation is not to apply, in particular on the basis of the biological status of the stocks. In 2014, a further 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 marine biological resources, hinder the achievement of the objectives of the CFP and deteriorate the biological status of the stocks, 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.
(25)
The inter-annual flexibility under Article 15(9) of Regulation (EU) No 1380/2013 should be excluded where the application of this flexibility would undermine the achievement of the CFP objectives, in particular for stocks with spawning biomass below Blim.
(26)
Moreover, given that the biomass of the stocks of COD/03AS; COD/5BE6A; WHG/56-14; WHG/07A and PLE/7HJK is below Blim and that only by-catch and scientific fisheries are permitted in 2020, Member States have undertaken not to apply Article 15(9) of Regulation (EU) No 1380/2013 for those stocks in 2020 so that catches in 2020 would not exceed the established TACs.
(27)
Where a TAC relating to a stock is allocated to one Member State only, it is appropriate to empower that Member State, in accordance with Article 2(1) of the Treaty, to determine the level of such TAC. Provisions should be made to ensure that, when fixing that TAC level, the Member State concerned acts in a manner fully consistent with the principles and rules of the CFP.
(28)
It is necessary to establish the fishing effort ceilings for 2020 in accordance with Articles 5, 6, 7 and 9 of, and Annex I to, Regulation (EU) 2016/1627.
(29)
In order to guarantee full use of fishing opportunities, it is appropriate to allow for the implementation of a flexible arrangement between certain TAC areas where the same biological stock is concerned.
(30)
For certain species, such as certain species of sharks, even a limited fishing activity could result in a serious conservation risk. Fishing opportunities for such species should therefore be fully restricted through a general prohibition on fishing those species.
(31)
At the 12th Conference of the Parties of the Convention on the Conservation of Migratory Species of Wild Animals, held in Manila from 23 to 28 October 2017, a number of species were added to the lists of protected species in Appendices I and II to that Convention. Therefore, it is appropriate to provide for the protection of those species with respect to Union fishing vessels fishing in all waters and non-Union fishing vessels fishing in Union waters.
(32)
The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (7), and in particular to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.
(33)
It is appropriate, following advice from ICES, to maintain a specific system to manage sandeel and associated by-catches in Union waters of ICES divisions 2a and 3a and ICES subarea 4. Given that the ICES scientific advice is expected to become available only in February 2020, it is appropriate to set the TAC and quotas for that stock provisionally at zero until such advice is released.
(34)
In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway (8) and the Faroe Islands (9), the Union has held consultations on fishing rights with those partners. In accordance with the procedure provided for in the agreement and protocol on fisheries relations with Greenland (10), the Joint Committee has established the level of fishing opportunities available for the Union in Greenland waters in 2020. It is therefore necessary to include those fishing opportunities in this Regulation.
(35)
The Union TAC for Greenland Halibut in international waters of 1 and 2 is without prejudice to the Union’s position on the appropriate Union share in this fishery.
(36)
At its annual meeting in 2019, the North-East Atlantic Fisheries Commission (NEAFC) was unable to adopt conservation measures for the two redfish stocks in the Irminger Sea. The relevant TACs should be established for those stocks, in line with the positions expressed by the Union in NEAFC.
(37)
At its annual meeting in 2017, the International Commission for the Conservation of Atlantic Tunas (ICCAT) agreed that in 2018 and 2019, the ICCAT may distribute the unallocated reserves for bluefin tuna for 2019 and 2020, considering in particular the needs of coastal developing ICCAT contracting parties and cooperating non-contracting parties, entities or fishing entities (CPCs) in their artisanal fisheries. That distribution was agreed at the inter-sessional meeting of Panel 2 of ICCAT (Madrid, March 2018) based, for the Union allocation, on the information received from three Member States: Greece, Spain and Portugal. As a result, the Union received specific additional fishing opportunities of 87 tonnes for 2019 and 100 tonnes for 2020 to be used by the Union artisanal fleets in certain Union regions. That allocation of fishing opportunities to the Union was endorsed by ICCAT at its annual meetings in 2018 and 2019. The parameters established by the Council for establishing an allocation key for 2019 between Greece, Spain and Portugal remain valid for 2020.
(38)
The ICCAT Recommendation 16-05, decreasing for 2020 the TAC for Mediterranean swordfish, should be implemented in Union law. As it is already the case for the stock of bluefin tuna in the eastern Atlantic and Mediterranean, it is appropriate that catches in recreational fisheries of all other ICCAT stocks should be subject to the catch limits as adopted by the ICCAT.
(39)
At its annual meeting in 2019, ICCAT agreed for the first time on a TAC for the North Atlantic blue shark caught in association with ICCAT fisheries, and on the allocation key. The fishing opportunities for that stock should thus be allocated to the Member States. In addition, ICCAT agreed on an unallocated TAC for Southern Atlantic blue shark caught in association with ICCAT fisheries. Moreover, annual landing limits were allocated among Contracting Parties for the stocks of blue marlin and white marlin/spearfish in the Atlantic Ocean. Those measures should be implemented in Union law.
(40)
At its annual meeting in 2019, the Parties to the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted catch limits for both target and by-catch species for the period from 1 December 2019 to 30 November 2020. The uptake of the quotas during 2019 should be considered when setting fishing opportunities for 2020.
(41)
At its annual meeting in 2019, the Indian Ocean Tuna Commission (IOTC) adopted new catch limits for yellowfin tuna (Thunnus albacares) that do not affect the Union catch limits in the framework of IOTC. However, it reduced possibilities for using fish aggregating devices (FADs) and supply vessels. Measures on the retention of Mobulid rays were adopted. Those measures should be implemented in Union law.
(42)
The annual meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) will be held from 14 to 18 February 2020. The current measures in the SPRFMO Convention Area should be provisionally maintained until such annual meeting is held.
(43)
At its annual meeting in 2017, the Inter-American Tropical Tuna Commission (IATTC) adopted a conservation measure for yellowfin tuna, bigeye tuna and skipjack tuna for the period 2018–2020. It was not revised at its annual meeting in 2019 and should thus continue being implemented in Union law.
(44)
At its annual meeting in 2019, the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) confirmed the TAC for the southern bluefin tuna for the period 2018–2020 adopted at the annual meeting in 2016. Those measures should be implemented in Union law.
(45)
At its annual meeting in 2019, the South East Atlantic Fisheries Organisation (SEAFO) adopted TACs for the main species under its purview. Those measures should be implemented in Union law.
(46)
At its annual meeting in 2019, the Western and Central Pacific Fisheries Commission (WCPFC) kept the previously adopted conservation and management measures. Those measures should continue being implemented in Union law.
(47)
At its 41st annual meeting in 2019, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of fishing opportunities for 2020 for certain stocks in subareas 1 to 4 of the NAFO Convention Area. Those measures should be implemented in the Union law.
(48)
The 6th Meeting of the Parties of the Southern Indian Ocean Fisheries Agreement (SIOFA) in 2019 adopted conservation and management measures for the stocks under the scope of the Agreement. Those measures should be implemented in Union law.
(49)
As regards the fishing opportunities for snow crab around the area of Svalbard, the Treaty of Paris of 1920 grants equal and non-discriminatory access to resources for all parties to that Treaty, including with respect to fishing. The view of the Union concerning that access, as regards fishing for snow crab on the continental shelf around Svalbard, has been set out in two notes verbales to Norway dated 25 October 2016 and 24 February 2017. In order to ensure that the exploitation of snow crab within the area of Svalbard is made consistent with such non-discriminatory management rules as may be set out by Norway, which enjoys sovereignty and jurisdiction in the area within the limits of the said Treaty, it is appropriate to fix the number of vessels that are authorised to conduct such fishery. The allocation of such fishing opportunities among Member States is limited to 2020. It is recalled that in the Union primary responsibility for ensuring compliance with applicable law lies with the flag Member States.
(50)
In accordance with the declaration by the Union addressed to the Bolivarian Republic of Venezuela (11), it is necessary to fix the fishing opportunities for snapper available to Venezuela in Union waters.
(51)
Given that certain provisions are to be applied on a continuous basis, and in order to avoid legal uncertainty during the period between the end of 2020 and the date of entry into force of the Regulation fixing the fishing opportunities for 2021, the provisions concerning prohibitions and closed seasons set out in this Regulation should continue to apply at the beginning of 2021, until the entry into force of the Regulation fixing the fishing opportunities for 2021.
(52)
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards authorising individual Member States to manage fishing effort allocations in accordance with a kilowatt-day system. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12).
(53)
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards granting of additional days at sea for permanent cessation of fishing activities and for enhanced scientific observer coverage as well as establishing formats of spreadsheets for the collection and transmission of information concerning transfer of days at sea between fishing vessels flying the flag of a Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
(54)
In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this Regulation should apply from 1 January 2020, except for the provisions concerning fishing effort limits, which should apply from 1 February 2020, and certain provisions concerning particular regions, which should have a specific date of application. For reasons of urgency, this Regulation should enter into force immediately after its publication.
(55)
Certain international measures which create or restrict fishing opportunities for the Union are adopted by the relevant regional fisheries management organisations (RFMOs) at the end of the year and become applicable before the entry into force of this Regulation. It is therefore necessary for the provisions that implement such measures in Union law to apply retroactively. In particular, since the fishing season in the CCAMLR Convention Area runs from 1 December to 30 November, and thus certain fishing opportunities or prohibitions in the CCAMLR Convention Area are laid down for a period of time starting from 1 December 2019, it is appropriate that the relevant provisions of this Regulation apply from that date. Such retroactive application does not prejudice the principle of legitimate expectations as CCAMLR members are forbidden to fish in the CCAMLR Convention Area without authorisation.
(56)
Fishing opportunities should be used in full compliance with Union law,
