Date: 2022-09-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Regulation (EU) 2022/1670 of 29 September 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
Executive Summary:
Council Regulation (EU) 2022/1670 amends Regulation (EU) 2022/109, which fixes the 2022 fishing opportunities for certain fish stocks. This amendment sets the definitive total allowable catch (TAC) for anchovy in ICES subareas 9 and 10 and Union waters of CECAF 34.1.1. and establishes a special condition regarding quotas for horse mackerel in ICES subarea 9. The regulation takes effect upon publication, with provisions for horse mackerel applying from January 1, 2022, and for anchovy from July 1, 2022.
Key Points / Main Content:
Anchovy TAC:
* The definitive TAC for anchovy (Engraulis encrasicolus) in ICES subareas 9 and 10 and Union waters of CECAF 34.1.1 is set at 15,777 tonnes for the period from July 1, 2022, to June 30, 2023.
* Spain's quota is 7,546 tonnes, and Portugal's quota is 8,231 tonnes.
Horse Mackerel Quotas:
* A special condition is established for horse mackerel (Trachurus spp.) quotas in ICES subarea 9.
* Up to 3% of the horse mackerel quota may be fished in ICES division 8c.
Effective Dates:
* Provisions concerning horse mackerel in ICES subarea 9 apply from January 1, 2022.
* Provisions concerning anchovy in ICES subareas 9 and 10 and in Union waters of CECAF 34.1.1 apply from July 1, 2022.
Impact Analysis:
Member States:
* Impact: Must ensure fishing activities comply with the revised TAC for anchovy and the special condition for horse mackerel quotas.
* Action Required: Adjust fishing practices and quota management to align with the new regulations.
Union Fishing Vessels:
* Impact: Fishing opportunities are directly affected by the changes to TACs and quota conditions.
* Action Required: Adapt fishing operations to respect the updated catch limits and geographical restrictions.
European Commission:
* Impact: Responsible for monitoring and enforcing the updated regulations.
* Action Required: Ensure compliance with the amended regulation across all member states.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Council of the European Union: A legislative body of the European Union comprising government ministers from each member state.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's budget.
Regulation (EU) 2022/109: A Council Regulation fixing 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 for the year 2022.
International Council for the Exploration of the Sea (ICES): An intergovernmental marine science organization that provides scientific advice to support sustainable use of the oceans.
Fishery Committee for the Eastern Central Atlantic (CECAF): A Food and Agriculture Organization (FAO) committee that promotes the sustainable development of fisheries in the Eastern Central Atlantic region.
ICES subareas 9 and 10: Geographical areas defined by the International Council for the Exploration of the Sea (ICES) for fisheries management and research.
Anchovy (Engraulis encrasicolus): A species of fish, the fishing opportunities for which are being amended by the regulation.
30.9.2022 EN Official Journal of the European Union L 252/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) 2022/1670
of 29 September 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, as amended by Council Regulation (EU) 2022/1091(2), sets a provisional total allowable
catch (TAC) for anchovy (Engraulis encrasicolus) in International Council for the Exploration of the Sea (ICES) subareas
9 and 10 and in Union waters of the Fishery Committee for the Eastern Central Atlantic (CECAF) 34.1.1 for the
period from 1 July 2022to 30 September 2022, pending the publication of the scientific advice provided by ICES
for the period from 1 July 2022to 30 June 2023. Following the publication of that advice on 17 June 2022, which
allows fishery to continue, the definitive TAC for the period from 1 July 2022to 30 June 2023should be set. The
TAC should be set at the level of 15 777tonnes indicated in that advice.
(3) Regulation (EU) 2022/109 establishes a special condition regarding the quotas for horse mackerel (Trachurus spp.) in
ICES subarea 9. Regulation (EU) 2022/109 does not establish the percentage subject to that special condition,
pending the availability of updated scientific advice from ICES regarding inter-area flexibilities between ICES
subarea 9 and division 8c. On 18 August 2022, ICES published a Technical Service on inter-area flexibilities
between ICES subarea 9 and division 8c. It is appropriate that the Union establish the percentage subject to that
special condition in line with that ICES Technical Service.
(4) Regulation (EU) 2022/109 should therefore be amended accordingly.
(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).
(2) 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
(OJ L 176, 1.7.2022, p. 5).L 252/2 EN Official Journal of the European Union 30.9.2022
(5) The catch limit for anchovy in ICES subareas 9 and 10 and Union waters of CECAF 34.1.1. should apply from 1 July
2022. The special condition regarding the quotas for horse mackerel (Trachurus spp.) in ICES subarea 9 should apply
from 1 January 2022. Such retroactive application does not affect the principles of legal certainty and protection of
legitimate expectations, as the fishing opportunities for anchovy are increased and an inter-area flexibility is
introduced for the fishing opportunities for horse mackerel. Given the urgency of avoiding interruptions of fishing
activities, this Regulation should enter into force on the date 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
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.
The provisions concerning horse mackerel in ICES subarea 9 shall apply from 1 January 2022. The provisions concerning
anchovy in ICES subareas 9 and 10 and in Union waters of CECAF 34.1.1 shall apply from 1 July 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 September 2022.
For the Council
The President
J. SÍKELA30.9.2022 EN Official Journal of the European Union L 252/3
ANNEX
Part A of Annex IA to Regulation (EU) 2022/109 is amended as follows:
(1) the second table is replaced by the following:
‘Species: Anchovy Zone: 9 and 10; Union waters of CECAF 34.1.1
Engraulis encrasicolus
(ANE/9/3411)
Spain 7 546 (1) Precautionary TAC
Portugal 8 231 (1)
Union 15 777 (1)
TAC 15 777 (1)
(1) This quota may only be fished from 1 July 2022to 30 June 2023.’;
(2) the twenty-fourth table is replaced by the following:
‘Species: Horse mackerel Zone: 9
Trachurus spp.
(JAX/09.)
Spain 35 516 (1) Analytical TAC
Article 8(2) of this Regulation applies
Portugal 101 761 (1)
Union 137 277
TAC 143 505
(1) Special condition: up to 3 % of this quota may be fished in 8c (JAX/*08C.).’.