Regulation 2021/406 - Amendment of Regulations (EU) 2021/91 and (EU) 2021/92 as regards certain provisional fishing opportunities for 2021 in Union waters and non-Union waters

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1.

Current status

This regulation was in effect from January  1, 2021 until January 31, 2022.

2.

Key information

official title

Council Regulation (EU) 2021/406 of 5 March 2021 amending Regulations (EU) 2021/91 and (EU) 2021/92 as regards certain provisional fishing opportunities for 2021 in Union waters and non-Union waters
 
Legal instrument Regulation
Number legal act Regulation 2021/406
Original proposal COM(2021)31 EN
CELEX number i 32021R0406

3.

Key dates

Document 05-03-2021; Date of adoption
Publication in Official Journal 09-03-2021; OJ L 81 p. 1-14
Effect 01-01-2021; Application See Art 3
10-03-2021; Entry into force Date pub. +1 See Art 3
End of validity 31-01-2022; Partial end of validity Art. 2 Linked to 32021R0092
31-12-2022; Partial end of validity Art. 1 Linked to 32021R0091

4.

Legislative text

9.3.2021   

EN

Official Journal of the European Union

L 81/1

 

COUNCIL REGULATION (EU) 2021/406

of 5 March 2021

amending Regulations (EU) 2021/91 and (EU) 2021/92 as regards certain provisional fishing opportunities for 2021 in Union waters and non-Union waters

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(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 (STECF) and other advisory bodies, as well as any advice received from advisory councils.

 

(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. Pursuant to Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities are to be fixed in accordance with the objectives of the Common Fisheries Policy (CFP) set out in Article 2(2) of that Regulation. For stocks subject to specific multiannual plans the TACs should be established in accordance with the rules laid down in those plans. Pursuant to Article 16(1) of that Regulation, fishing opportunities allocated to Member States are to ensure relative stability of fishing activities of each Member State for each fish stock or fishery.

 

(3)

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 socioeconomic 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.

 

(4)

Due to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union, a large number of stocks have become shared stocks. The Commission will undertake bilateral consultations with the United Kingdom, bilateral consultations with Norway and trilateral consultations with the United Kingdom and Norway on the basis of the draft Union position to be endorsed by the Council. As those consultations have not yet been concluded, the Council should, in a manner that fully respects the United Nations Convention on the Law of the Sea (UNCLOS) and rights and obligations of the coastal states as well as their sovereignty and jurisdiction, establish provisional TACs to be fished in Union and international waters, and waters to which the Union fishing vessels are granted access by third countries.

 

(5)

On 15-16 December 2020, the Council reached a political agreement on fishing opportunities for 2021. The Council agreed that provisional TACs for stocks shared with third countries should be set until those consultations are concluded in compliance with the Union legal framework and international obligations or, if they cannot be concluded successfully, until the Council establishes unilateral Union TACs in 2021.

 

(6)

The provisional TACs established in Council Regulations (EU) 2021/91 (2) and (EU) 2021/92 (3), which reflect the political agreement reached in the Council, aim to ensure continuation of sustainable Union fishing activities. Those provisional fishing opportunities should in no circumstances impede the fixing of definitive fishing opportunities in accordance with international agreements and the outcome of consultations, the Union legal framework and the scientific advice. As a general approach, they should correspond to 25 %...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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