Date: 2021-11-17Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Regulation (EU) 2021/2002 of 15 November 2021 amending Regulation (EU) 2021/90 fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas
Executive Summary:
Council Regulation (EU) 2021/2002 amends Regulation (EU) 2021/90, adjusting the 2021 fishing opportunities for certain fish stocks in the Mediterranean and Black Seas. This amendment incorporates a decision by the General Fisheries Commission for the Mediterranean (GFCM) to carry over the EU's unused turbot quota from 2020 due to the COVID-19 pandemic. The regulation is effective retroactively from January 1, 2021, and entered into force immediately following its publication.
Key Points / Main Content:
* **Amendment of Regulation (EU) 2021/90:**
* Annex VII of Regulation (EU) 2021/90, concerning fishing opportunities, is amended as detailed in the Annex of this regulation.
* **Turbot Fishing Opportunities in the Black Sea (GSA 29):**
* The fishing opportunities table for turbot in Union waters in the Black Sea is replaced.
* Total Allowable Catch (TAC) for turbot is set at 857.
* Bulgaria: 87,825
* Romania: 80,116
* Union: 167,941
* No fishing activity (including transhipment, retaining on board, landing, and first sale) is permitted from April 15 to June 15, 2021.
* **Regulations EC No 847/96:**
* Article 3 of Regulation EC No 847/96 shall not apply.
* Article 4 of Regulation EC No 847/96 shall not apply.
Impact Analysis:
* **EU Member States:**
* *Impact:* Specifically Bulgaria and Romania as they are allocated specific turbot fishing quotas in the Black Sea. All member states are expected to adhere to the revised fishing opportunities and restrictions.
* *Action Required:* Member States must ensure their fishing fleets comply with the revised turbot quotas and the closed fishing season from April 15 to June 15, 2021.
* **European Union Fishing Fleets:**
* *Impact:* Directly affected by the revised turbot quotas and the established closed season, influencing their fishing activities and potential catches in the Black Sea.
* *Action Required:* Fishing operators need to adjust their fishing plans to align with the new quotas and avoid fishing for turbot during the closed season.
* **General Fisheries Commission for the Mediterranean (GFCM):**
* *Impact:* The regulation implements GFCM decisions into Union law, reinforcing the collaborative management of fish stocks in the Mediterranean and Black Seas.
* *Action Required:* No direct action specified in the document, but continued collaboration with the EU to monitor and manage fish stocks.
Key Entities Referenced
Council Regulation (EU) 2021/2002: A regulation amending Regulation (EU) 2021/90, fixing fishing opportunities for certain fish stocks in the Mediterranean and Black Seas.
Regulation (EU) 2021/90: A regulation fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas for 2021.
Mediterranean Sea: A sea connected to the Atlantic Ocean, surrounded by the Mediterranean Basin and almost completely enclosed by land.
Black Sea: A marginal sea of the Atlantic Ocean lying between Europe and Asia.
General Fisheries Commission for the Mediterranean (GFCM): A regional fisheries management organization.
GFCM/41/2017/4: Recommendation adopted by the General Fisheries Commission for the Mediterranean (GFCM) regarding the multiannual management plan for turbot fisheries in the Black Sea geographical subarea 29.
GFCM/43/2019/3: Amendment to Recommendation GFCM/41/2017/4 of the GFCM.
Brussels: The location where the regulation was adopted.
17.11.2021 EN Official Journal of the European Union L 407/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) 2021/2002
of 15 November 2021
amending Regulation (EU) 2021/90 fixing for 2021 the fishing opportunities for certain fish stocks
and groups of fish stocks applicable in the Mediterranean and Black Seas
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) Council Regulation (EU) 2021/90(1)fixes for 2021 the fishing opportunities for fish stocks and groups of fish stocks
applicable in the Mediterranean and Black Seas. That Regulation implements in Union law the multiannual
management plan for turbot fisheries in the Black Sea (geographical subarea 29) adopted by Recommendation
GFCM/41/2017/4 of the General Fisheries Commission for the Mediterranean (GFCM), as amended by
Recommendation GFCM/43/2019/3 of the GFCM.
(2) At its 44th annual meeting in 2021, the GFCM adopted a decision observing that during the year 2020, the
European Union had underexploited its quota for turbot and approving a carry-over of the unused quota in view of
the exceptional situation created by the COVID-19 pandemic. The GFCM decision should be implemented in Union
law.
(3) The distribution of fishing opportunities in the Black Sea established in Regulation (EU) 2021/90 should therefore be
amended to reflect the adjustments to the Union quotas established by the GFCM. The distribution of the fishing
opportunities arising from the under-utilisation should be carried out on the basis of the respective contribution of
each Member State towards the under-utilisation, without modifying the distribution key established in Regulation
(EU) 2021/90 concerning the annual allocation of total allowable catches (TACs).
(4) Regulation (EU) 2021/90 should therefore be amended accordingly.
(5) The catch limits provided for in Regulation (EU) 2021/90 apply from 1 January 2021. The provisions introduced by
this Regulation concerning those catch limits should therefore enter into force as soon as possible and apply
retroactively from 1 January 2021. Such retroactive application does not affect the principles of legal certainty and
the protection of legitimate expectations, as the fishing opportunities concerned are increased and have not yet
been exhausted. For reasons of urgency, this Regulation should enter into force immediately after its publication,
(1) Council Regulation (EU) 2021/90 of 28 January 2021 fixing for 2021 the fishing opportunities for certain fish stocks and groups of
fish stocks applicable in the Mediterranean and Black Seas (OJ L 31, 29.1.2021, p. 1).L 407/2 EN Official Journal of the European Union 17.11.2021
HAS ADOPTED THIS REGULATION:
Article 1
Amendment of Regulation (EU) 2021/90
Annex VII to Regulation (EU) 2021/90 is amended as set out in the Annex to this Regulation.
Article 2
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 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 November 2021.
For the Council
The President
J. PODGORŠEK17.11.2021 EN Official Journal of the European Union L 407/3
ANNEX
In Annex VII to Regulation (EU) 2021/90, the fishing opportunities table for turbot in Union waters in the Black Sea is
replaced by the following:
Turbot Zone: Union waters in the Black Sea – GSA 29
‘Species:
Scophthalmus maximus (TUR/F3742C)
Bulgaria 87,825 Analytical TAC
Romania 80,116 Article 3 of Regulation (EC) No 847/96 shall not apply.
Union 167,941 (*) Article 4 of Regulation (EC) No 847/96 shall not apply.
TAC 857
(*) No fishing activity, including transhipment, retaining on board, landing and first sale shall be permitted from 15 April to 15 June
2021.’