Date: 2022-04-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Regulation (EU) 2022/681 of 28 April 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:
This Council Regulation amends Regulation (EU) 2022/109 to set the Union quota for cod fishing in Svalbard waters and international waters of ICES subarea 1 and division 2b for 2022, replacing a provisional quota that expires at the end of April 2022. It retroactively applies from January 1, 2022, and entered into force on the day of its publication in the Official Journal of the European Union. The regulation also modifies Annex IB to Regulation (EU) 2022/109 concerning catch limits.
Key Points / Main Content:
* **Quota Amendment:**
* Replaces the provisional Union quota for cod (Gadus morhua) in Spitzbergen/Svalbard waters (ICES subarea 1 and division 2b) with a new quota for 2022.
* **Quota Allocation (Cod in Zone 1 and 2b):**
* Germany: 4,028
* Spain: 9,688
* France: 1,775
* Poland: 1,829
* Portugal: 2,019
* Other Member States: 297
* Union: 19,636
* **Fishing Conditions:**
* Article 3 and 4 of Regulation EC No 847/96 do not apply.
* The allocation of cod stock share does not prejudice rights and obligations from the 1920 Treaty of Paris.
* Bycatches of haddock may represent up to 14%, in addition to the cod quota.
* Catches against the shared quota (excluding Germany, Spain, France, Poland, and Portugal) must be reported separately as COD/1/2BAMS.
* **Effective Date:**
* Applies from January 1, 2022.
* Entered into force on the day of publication in the Official Journal of the European Union.
Impact Analysis:
**Member States:**
* *Impact:* Revised cod fishing quotas in specified zones.
* *Action Required:* Adjust fishing activities to comply with the new quotas and reporting requirements.
**Union Fishing Vessels:**
* *Impact:* Governed by the updated fishing opportunities for cod in the specified areas.
* *Action Required:* Adhere to the new catch limits and bycatch regulations.
**European Commission:**
* *Impact:* Responsible for overseeing the implementation and enforcement of the amended regulation.
* *Action Required:* Monitor compliance and ensure effective application of the new rules.
Key Entities Referenced
European Union: An economic and political union of member states located primarily in Europe.
Council Regulation (EU) 2022/681: A regulation of the European Union amending Regulation (EU) 2022/109 regarding fishing opportunities.
Regulation (EU) 2022/109: A regulation of the European Union fixing fishing opportunities for certain fish stocks.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining its scope and governance.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, and managing the EU's budget.
Norway: Country in Northern Europe, a key partner in fisheries management in the North Atlantic.
Spitzbergen Svalbard: An archipelago in the Arctic Ocean, part of Norway, with associated fishing zones.
International Council for the Exploration of the Sea (ICES): A network of marine scientists that examines and provides information about the effects of human activities on marine ecosystems.
L 126/2 EN Official Journal of the European Union 29.4.2022
REGULATIONS
COUNCIL REGULATION (EU) 2022/681
of 28 April 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)fixed 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 established for the first quarter of 2022 a provisional Union quota of 4 500tonnes for
Union vessels fishing for cod (Gadus morhua) in Spitzbergen (Svalbard) waters and international waters of
International Council for the Exploration of the Sea (ICES) subarea 1 and division 2b. Council Regulation (EU)
2022/515(2)extended the period of application of that Union quota to 30 April 2022.
(3) As formal discussions with Norway on a political understanding in relation to the fisheries in ICES subareas 1 and 2
have been concluded, it is appropriate that the Council set the Union quota for cod in Svalbard waters and in the
international waters of ICES subarea 1 and division 2b for 2022 accordingly, in order to replace the provisional
Union quota that expires at the end of April 2022.
(4) Any quotas should be allocated to the Member States in accordance with Council Decision 87/277/EEC(3) and
Poland’s share of the Union quota, and subject to the adaptations necessary due to the withdrawal of the United
Kingdom from the Union.
(5) Annex IB to Regulation (EU) 2022/109 should therefore be amended accordingly.
(6) 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 the protection of legitimate expectations, as the fishing
opportunities concerned are increased. For reasons of urgency, this Regulation should enter into force on the day of
its publication in the Official Journal of the European Union,
(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) 2022/515 of 31 March 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 104, 1.4.2022, p. 1).
(3) Council Decision 87/277/EEC of 18 May 1987 on the allocation of the catch possibilities for cod in the Spitsbergen and Bear Island
area and in Division 3M as defined in the NAFO Convention (OJ L 135, 23.5.1987, p. 29).29.4.2022 EN Official Journal of the European Union L 126/3
HAS ADOPTED THIS REGULATION:
Article 1
Amendment of Regulation (EU) 2022/109
In Annex IB to Regulation (EU) 2022/109, the fourth table is replaced by the following:
‘Species: Cod Zone: 1 and 2b
Gadus morhua (COD/1/2B.)
Germany 4 028 (1)(2) Analytical TAC
Spain 9 688 (1)(2) Article 3 of Regulation (EC) No 847/96 shall not
apply
France 1 775 (1)(2)
Article 4 of Regulation (EC) No 847/96 shall not
Poland 1 829 (1)(2) apply
Portugal 2 019 (1)(2)
Other Member 297 (1)(2)(3)
States
Union 19 636 (1)(2)
TAC Not relevant
(1) The allocation of the share of the cod stock available to the Union in the Spitzbergen and Bear Island
zone and the associated by-catches of haddock are without prejudice to the rights and obligations
deriving from the 1920 Treaty of Paris.
(2) By-catches of haddock may represent up to 14 % per haul. The by-catch quantities of haddock are in
addition to the quota for cod.
(3) Except Germany, Spain, France, Poland and Portugal. Catches to be counted against this shared quota
shall be reported separately (COD/1/2B_AMS).’
Article 2
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, 28 April 2022.
For the Council
The President
J.-Y. LE DRIAN