Council Regulation (EU) 2022/1091 of 30 June 2022 amending Regulation (EU) 2022/109 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and for Union fishing vessels in certain non-Union waters

1.7.2022 EN Official Journal of the European Union L 176/5 REGULATIONS COUNCIL REGULATION (EU) 2022/1091 of 30 June 2022 amending Regulation (EU) 2022/109 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and for Union fishing vessels in certain 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) Council Regulation (EU) 2022/109(1)fixes for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and for Union fishing vessels in certain non-Union waters. (2) Regulation (EU) 2022/109 set a provisional total allowable catch (TAC) for northern prawn (Pandalus borealis) in ICES division 3a (Kattegat/Skagerrak), pending the publication of the relevant scientific advice provided by the International Council for the Exploration of the Sea (ICES), which it published on 9 May 2022. In accordance with the Agreed Record of fisheries consultations between the Union and Norway for the Skagerrak for 2022, the Union held bilateral consultations with Norway on the level of the definitive fishing opportunities for northern prawn in ICES divisions 3a and 4a East for 2022. The Union and Norway agreed on a TAC of 7 712tonnes in ICES divisions 3a and 4a East, of which 5 398tonnes are to be allocated to ICES division 3a. (3) Regulation (EU) 2022/109 set provisional zero TACs for sprat (Sprattus sprattus) in ICES divisions 3a (Kattegat/ Skagerrak), 2a (Norwegian Sea) and in ICES subarea 4 (North Sea) for the period from 1 July 2022to 30 June 2023, pending the publication of the relevant scientific advice provided by the ICES, which it published on 9 May 2022. In accordance with the Agreed Record of fisheries consultations between the Union, Norway and the United Kingdom for 2022, the Union held trilateral consultations with Norway and the United Kingdom on the level of the definitive fishing opportunities for sprat in ICES divisions 3a, 2a and subarea 4 for the period from 1 July 2022to 30 June 2023. The Union, Norway and the United Kingdom agreed on a TAC of 12 570tonnes for ICES division 3a, and of 56 120tonnes for ICES division 2a and subarea 4. (4) Regulation (EU) 2022/109 set a TAC of 550 tonnes for sprat in ICES divisions 7d and 7e (English Channel) from 1 January 2022to 30 June 2022. For the period 1 July 2022to 30 June 2023, ICES published its scientific advice on 9 May 2022. In accordance with the Written Record of fisheries consultations between the United Kingdom and the European Union for 2022, the Union held bilateral consultations with the United Kingdom on the level of the fishing opportunities for sprat in ICES divisions 7d and 7e from 1 July 2022to 30 June 2023. The Union and the United Kingdom agreed on a TAC of 9 200tonnes for ICES divisions 7d and 7e. (5) Regulation (EU) 2022/109 set at zero the TAC for anchovy (Engraulis encrasicolus) in ICES subareas 9 and 10 and Union waters of Committee for Eastern Central Atlantic Fisheries (CECAF) division 34.1.1 for the period from 1 July 2022to 30 June 2023, pending the scientific advice for that period. ICES will issue its advice for that stock in June 2022. In order to ensure that fishing activity may continue until the definitive TAC is set on the basis of the latest scientific advice, a provisional TAC of 10 061 tonnes, based on the catches in the third quarter of 2021, should be established for July, August and September 2022. (1) Council Regulation (EU) 2022/109 of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and for Union fishing vessels in certain non-Union waters (OJ L 21, 31.1.2022, p. 1).L 176/6 EN Official Journal of the European Union 1.7.2022 (6) A meeting of the International Commission for the Conservation of Atlantic Tunas Working Group on Mediterranean Albacore took place on 9-10 February 2022. At that meeting, it was agreed that those Contracting Parties and Cooperating Non-Contracting Parties who had agreed to the allocation scheme adopted at the meeting would submit monthly catch reports for fisheries targeting Mediterranean albacore (Thunnus alalunga) and quarterly catch reports for by-catches of this species. It is therefore necessary to specify dedicated codes to be used by Member States when reporting those catches. (7) Regulation (EU) 2022/109 implemented in Union law the revised catch limits for yellowfin tuna (Thunnus albacares) in the Indian Ocean Tuna Commission (IOTC) Area of Competence. The revised catch limits under IOTC resolution 2021/01 are no longer limited to purse seiners and now include all gears involved in the yellowfin tuna fishery. Since, by the end of 2021, an agreement among the Member States concerned had not been found on the most appropriate way to share the revised catch limits for these fishing opportunities, Regulation (EU) 2022/109 attributed, for the first half of 2022 as a provisional solution, an initial portion (50 %) of the Union share for yellowfin tuna in the IOTC area for 2022 to Member States. Given the need to allocate the Union fishing opportunities for yellowfin tuna in the IOTC Area of Competence to the Member States so that they can be fished by the Union fishing fleet in 2022, it is necessary for the Council to decide on the final allocation of these fishing opportunities that otherwise could not be fished. Since a small amount of yellowfin tuna is caught as by-catch by the longline fleet of Portugal, it was agreed that it is appropriate to allocate 100 tonnes to Portugal for those by-catches. Taking into account that catches by other gears than purse seiners represent a very limited part of the overall catches, it is appropriate to allocate these fishing opportunities, with the exception of those 100 tonnes, in accordance with the allocation key that previously existed for the TAC for purse seiners. (8) Regulation (EU) 2022/109 should therefore be amended accordingly. (9) The catch limits provided for in Regulation (EU) 2022/109 apply from 1 January 2022. The provisions introduced by this Regulation concerning catch limits should therefore also apply from that date. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the fishing opportunities concerned are increased or have not yet been exhausted. Given the urgency of avoiding interruptions of fishing activities, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, HAS ADOPTED THIS REGULATION: Article 1 Amendment of Regulation (EU) 2022/109 Regulation (EU) 2022/109 is amended in accordance with the Annex to this Regulation. Article 2 Entry into force and date of 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 January 2022. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 June 2022. For the Council The President J.-Y. LE DRIAN1.7.2022 EN Official Journal of the European Union L 176/7 ANNEX The Annexes to Regulation (EU) 2022/109 are amended as follows: (1) in Annex IA: (a) in Part A, concerning autonomous Union stocks, the first table is replaced by the following: ‘Species: Anchovy Zone: 9 and 10; Union waters of CECAF Engraulis encrasicolus 34.1.1 (ANE/9/3411) Spain 4 812 (1) Precautionary TAC Portugal 5 249 (1) Union 10 061 (1) TAC 10 061 (1) (1) The quota may be fished only from 1 July 2022to 30 September 2022.’ (b) in Part B, concerning shared stocks, the tables for the stocks listed below are replaced by the following: (i) the table for fishing opportunities for northern prawn in ICES division 3a is replaced by the following: ‘Species: Northern prawn Zone: 3a Pandalus borealis (PRA/03A.) Denmark 1 874 Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not Sweden 1 009 apply Union 2 883 Article 4 of Regulation (EC) No 847/96 shall not apply’ TAC 5 398 (ii) the table for fishing opportunities for sprat and associated by-catches in ICES division 3a is replaced by the following: ‘Species: Sprat and associated by-catches Zone: 3a Sprattus (SPR/03A.) Denmark 8 422 (1)(2)(3) Analytical TAC Germany 18 (1)(2)(3) Sweden 3 187 (1)(2)(3) Union 11 627 (1)(2)(3) TAC 12 570 (2) (1) Up to 5 % of the quota may consist of by-catches of whiting and haddock (OTH/*03A.). By-catches of whiting and haddock counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together not exceed 9 % of the quota. (2) This quota may be fished only from 1 July 2022to 30 June 2023. (3) Transfers of this quota may be effected to United Kingdom and Union waters of 2a and 4. However, such transfers shall be notified in advance to the Commission and to the United Kingdom.’L 176/8 EN Official Journal of the European Union 1.7.2022 (iii) the table for fishing opportunities for sprat and associated by-catches in United Kingdom and Union waters of subarea 4 and United Kingdom waters of ICES division 2a is replaced by the following: ‘Species: Sprat and associated by-catches Zone: United Kingdom and Union waters Sprattus of 4; United Kingdom waters of 2a (SPR/2AC4-C) Belgium 633 (1)(2) Analytical TAC Denmark 50 114 (1)(2) Germany 633 (1)(2) France 633 (1)(2) Netherlands 633 (1)(2) Sweden 1 330 (1)(2)(3) Union 53 976 (1)(2) Norway 0 (1) Faroe Islands 0 (1)(4) United 2 144 (1) Kingdom TAC 56 120 (1) (1) The quota may be fished only from 1 July 2022to 30 June 2023. (2) Up to 2 % of the quota may consist of by-catches of whiting (OTH/*2AC4C). By-catches of whiting counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/ 2013 shall together not exceed 9 % of the quota. (3) Including sandeels. (4) May contain up to 4% of by-catch of herring.’ (iv) the following fishing opportunities table for sprat in 7d and 7e for the period from 1 July 2022to 30 June 2023is added: ‘Species: Sprat Zone: 7d and 7e Sprattus (SPR/7DE.2) Belgium 25 (1) Analytical TAC Denmark 1 601 (1) Germany 25 (1) France 345 (1) Netherlands 345 (1) Union 2 341 (1) United 6 859 (1) Kingdom TAC 9 200 (1) (1) The quota may be fished only from 1 July 2022to 30 June 2023.’1.7.2022 EN Official Journal of the European Union L 176/9 (2) in Annex ID, for the table of Mediterranean albacore (ALB/MED), in the row for the final TAC, a third footnote is added as follows: ‘(3) Special condition: by-catches of Mediterranean albacore are to be counted against this quota, but shall be reported separately (ALB/MED-BC).’; (3) Annex IJ is replaced by the following: ‘ANNEX IJ IOTC AREA OF COMPETENCE Catches of yellowfin tuna (Thunnus albacares) by Union fishing vessels shall not exceed the catch limits set out in this Annex. Species: Yellowfin tuna Zone: IOTC Area of Competence Thunnus albacares (YFT/IOTC) France 27 736 Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Italy 2 367 Article 4 of Regulation (EC) No 847/96 shall not apply Spain 42 943 Portugal 100 (1) Union 73 146 TAC Not relevant (1) Exclusively for by-catches. No directed fisheries are permitted under this quota.’