Address https://gelex.eu/eli/EU/regulation/2021/406@2021-03-05/en

Contents

1. Preamble
2. 1. Article 1 Amendment of Regulation (EU) 2021/91
   2. Article 2 Amendment of Regulation (EU) 2021/92
   3. Article 3 Entry into force
3. ANNEX
4. ANNEX
5. PART A
6. PART B
7. PART C

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 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 and (EU) 2021/92, 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 % of the Union share of the fishing opportunities fixed for 2020. However, in a very limited number of cases, another percentage should be used where the stocks are predominantly fished at the beginning of the year. This approach is without prejudice to the Union shares established in the Trade and Cooperation Agreement between the European Union and the United Kingdom (Trade and Cooperation Agreement), which will be used to set definitive TACs.

(7) The list of stocks for which a percentage higher than 25 % should apply, should be based on the analysis of the quota uptake in the first quarter of the last three years (2018-2020) by the Member States that requested a higher provisional TAC. Provisional TACs should not exceed potential definitive TACs, which, without prejudice to the upcoming consultations with the third countries, have been assessed in accordance with the scientific advice and taking into account the Union shares established in the Trade and Cooperation Agreement. Those increases in provisional TACs are in accordance with the ICES advice, the applicable Union legal framework and the Trade and Cooperation Agreement. They will enable Union fishing vessels to use the fishing opportunities to which they are entitled and of which they would be otherwise deprived, due to the seasonality of fishing of the stocks concerned.

(8) The monthly catch data of the past years as reported to the Commission indicate that some other pelagic and demersal stocks are predominantly fished at the beginning of the year. Therefore, on the basis of that catch data and in accordance with the scientific advice, a higher percentage relative to the Union share of the fishing opportunities fixed for 2021 should be established for the corresponding TACs, without prejudice to an approach that may be taken in any future international agreements and/or consultations.

(9) Regulations (EU) 2021/91 and (EU) 2021/92 should therefore be amended accordingly.

(10) The catch limits provided for in Regulations (EU) 2021/91 and (EU) 2021/92 apply from 1 January 2021. The provisions introduced by this Regulation concerning 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 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,

HAS ADOPTED THIS REGULATION:

Article 1 Amendment of Regulation (EU) 2021/91

The Annex to Regulation (EU) 2021/91 is amended in accordance with Part A of the Annex to this Regulation.

Article 2 Amendment of Regulation (EU) 2021/92

Regulation (EU) 2021/92 is amended as follows:

(1) Annex IA is amended in accordance with Part B of the Annex to this Regulation;

(2) Annex IB is amended in accordance with Part C of the Annex to this Regulation.

Article 3 Entry into force

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, 5 March 2021. For the Council The President A. P. Zacarias

ANNEX

ANNEX

PART A

In the Annex to Regulation (EU) 2021/91 the fishing opportunities table for alfonsinos in Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 is replaced by the following: Species: Alfonsinos Beryx spp. Zone: Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 (ALF/3X14-) Year 2021 Precautionary TAC Article 8(1) of this Regulation applies Ireland 4 (1) Spain 29 (1) France 8 (1) Portugal 82 (1) Union 123 (1) United Kingdom 4 (1) TAC 127 (1) (1) Exclusively for by-catches. No directed fisheries are permitted under this quota.

PART B

Annex IA to Regulation (EU) 2021/92 is amended as follows:

(1) the fishing opportunities table for boarfishes in Union and international waters of 6, 7 and 8 is replaced by the following: Species: Boarfishes Caproidae Zone: Union and international waters of 6, 7 and 8 (BOR/678-) Denmark 1645 Precautionary TAC Article 7(1) of this Regulation applies Ireland 4632 Union 6277 United Kingdom 426 TAC 6703

(2) the fishing opportunities table for anglerfishes in 7 is replaced by the following: Species: Anglerfishes Lophiidae Zone: 7 (ANF/07.) Belgium 1468 (1) Analytical TAC Article 8(2) of this Regulation applies Article 7(1) of this Regulation applies Germany 164 (1) Spain 583 (1) France 9419 (1) Ireland 1204 (1) Netherlands 190 (1) Union 13028 (1) United Kingdom 2857 (1) TAC 15885 (1) Special condition: of which up to 10 % may be fished in 8a, 8b, 8d and 8e (ANF/*8ABDE).

(3) the fishing opportunities table for whiting in 7b, 7c, 7d, 7e, 7f, 7g, 7h, 7j and 7k is replaced by the following: Species: Whiting Merlangiusmerlangus Zone: 7b, 7c, 7d, 7e, 7f, 7g, 7h, 7j and 7k (WHG/7X7A-C) Belgium 37 Analytical TAC Article 7(1) of this Regulation applies France 2258 Ireland 1629 Netherlands 18 Union 3942 United Kingdom 404 TAC 4346

(4) the fishing opportunities table for blue whiting in Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 is replaced by the following: Species: Blue whiting Micromesistiuspoutassou Zone: Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 (WHB/1X14) Denmark 34892 (1) Analytical TAC Article 8(2) of this Regulation applies Article 7(1) of this Regulation applies Germany 13566 (1) Spain 29581 (1)(2) France 24282 (1) Ireland 27019 (1) Netherlands 42546 (1) Portugal 2748 (1)(2) Sweden 8631 (1) Union 183265 (1)(3) Norway 69930 Faroe Islands 7000 United Kingdom 45274 (1) TAC Not relevant (1) Special condition: within a total access limit of 24375 tonnes for the Union, Member States may fish up to the following percentage of their quotas in Faroese waters (WHB/*05-F.): 14,3 %. (2) Transfers of this quota may be effected to 8c, 9 and 10; Union waters of CECAF 34.1.1. However, such transfers shall be notified in advance to the Commission. (3) Special condition: from the Union quotas in Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 (WHB/*NZJM1) and in 8c, 9 and 10; Union waters of CECAF 34.1.1 (WHB/*NZJM2), the following quantity may be fished in the Norwegian Economic Zone or in the fishery zone around Jan Mayen: 133566

(5) the fishing opportunities table for blue whiting in 8c, 9 and 10; Union waters of CECAF 34.1.1 is replaced by the following: Species: Blue whiting Micromesistius poutassou Zone: 8c, 9 and 10; Union waters of CECAF 34.1.1 (WHB/8C3411) Spain 25065 Analytical TAC Article 8(2) of this Regulation applies Article 7(1) of this Regulation applies Portugal 6266 Union 31331 (1) TAC Not relevant (1) Special condition: from the Union quotas in Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 (WHB/*NZJM1) and in 8c, 9 and 10; Union waters of CECAF 34.1.1 (WHB/*NZJM2), the following quantity may be fished in the Norwegian Economic Zone or in the fishery zone around Jan Mayen: 133566

(6) the fishing opportunities table for blue whiting in Union waters of 2, 4a, 5, 6 north of 56° 30′ N and 7 west of 12° W is replaced by the following: Species: Blue whiting Micromesistiuspoutassou Zone: Union waters of 2, 4a, 5, 6 north of 56° 30′ N and 7 west of 12° W (WHB/24A567) Norway 133566 (1)(2) Analytical TAC Article 8(2) of this Regulation applies Article 7(1) of this Regulation applies Faroe Islands 26250 (3)(4) TAC Not relevant (1) To be counted against quota established by Norway. (2) Special condition: the catch in 4a shall be no more than the following amount (WHB/*04A-C): 28000 This catch restriction in 4a amounts to the following percentage of Norway’s access limit: 18 % (3) To be counted against the quota established by the Faroe Islands. (4) Special conditions: may also be fished in 6b (WHB/*06B-C). The catch in 4a shall be no more than the following amount (WHB/*04A-C): 6563

(7) the fishing opportunities table for Norway lobster in 7 is replaced by the following: Species: Norway lobster Nephrops norvegicus Zone: 7 (NEP/07.) Spain 252 (1) Analytical TAC Article 7(1) of this Regulation applies France 1022 (1) Ireland 1550 (1) Union 2824 (1) United Kingdom 1379 (1) TAC 4203 (1) (1) Special condition: within the limits of the above-mentioned quotas, no more than the quantities given below may be taken in the following zone: Functional Unit 16 of ICES Subarea 7 (NEP/*07U16): Spain 437 France 274 Ireland 526 Union 1237 United Kingdom 213

(8) the fishing opportunities table for plaice in 7d and 7e is replaced by the following: Species: Plaice Pleuronectesplatessa Zone: 7d and 7e (PLE/7DE.) Belgium 674 Analytical TAC Article 8(2) of this Regulation applies Article 7(1) of this Regulation applies France 2247 Union 2921 United Kingdom 1198 TAC 4119

(9) the fishing opportunities table for undulate ray in 7d and 7e is replaced by the following: Species: Undulate ray Raja undulata Zone: 7d and 7e (RJU/7DE.) Belgium 13 (1) Precautionary TAC Article 7(1) of this Regulation applies Estonia 0 (1) France 63 (1) Germany 0 (1) Ireland 16 (1) Lithuania 0 (1) Netherlands 0 (1) Portugal 0 (1) Spain 14 (1) Union 106 (1) United Kingdom 35 (1) TAC 141 (1) (1) This species shall not be targeted in the areas covered by this TAC. This species may only be landed whole or gutted. The former provisions are without prejudice to the prohibitions set out in Articles 20 and 57 of this Regulation for the areas specified therein.

(10) the fishing opportunities table for mackerel in 3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 is replaced by the following: Species: Mackerel Scomberscombrus Zone: 3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 (MAC/2A34.) Belgium 407 (1)(2) Analytical TAC Article 8(2) of this Regulation applies Article 7(1) of this Regulation applies Denmark 13999 (1)(2) Germany 424 (1)(2) France 1281 (1)(2) Netherlands 1289 (1)(2) Sweden 3821 (1)(2)(3) Union 21221 (1)(2) Norway 133741 (4) United Kingdom 1194 (1)(2) TAC Not relevant (1) Within the limits of the abovementioned quotas, no more than the quantities given below may also be taken in the two following zones: Norwegian waters of 2a (MAC/*02AN-) Faroese waters (MAC/*FRO1) Belgium 55 56 Denmark 1887 1929 Germany 57 59 France 173 176 Netherlands 174 178 Sweden 515 527 Union 2860 2925 United Kingdom 161 165 (2) May also be taken in Norwegian waters of 4a (MAC/*4AN.). (3) Special condition: including the following tonnage to be taken in Norwegian waters of 2a and 4a (MAC/*2A4AN): 190 When fishing under this special condition, by-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quotas for those species. (4) To be deducted from Norway’s share of the TAC (access quota). This amount includes the following Norwegian share in the North Sea TAC: 38778 This quota may be fished in 4a only (MAC/*04A.), except for the following amount, in tonnes, which may be fished in 3a (MAC/*03A.): 2100 Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones: 3a 3a and 4bc 4b 4c 6, international waters of 2a, from 1 January to 15 February and from 1 September to 31 December (MAC/*03A.) (MAC/*3A4BC) (MAC/*04B.) (MAC/*04C.) (MAC/*2A6.) Denmark 0 2891 0 0 8399 France 0 343 0 0 0 Netherlands 0 343 0 0 0 Sweden 0 0 273 7 2179 United Kingdom 0 343 0 0 0 Norway 2100 0 0 0 0

(11) the fishing opportunities table for mackerel in 6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 is replaced by the following: Species: Mackerel Scomberscombrus Zone: 6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 (MAC/2CX14-) Germany 17562 (1) Analytical TAC Article 8(2) of this Regulation applies Article 7(1) of this Regulation applies Spain 19 (1) Estonia 146 (1) France 11709 (1) Ireland 58539 (1) Latvia 108 (1) Lithuania 108 (1) Netherlands 25610 (1) Poland 1237 (1) Union 115038 (1) Norway 12369 (2)(3) Faroe Islands 26142 (4) United Kingdom 160985 (1) TAC Not relevant (1) Special condition: of which up to 25 % can be made available for exchanges to be fished by Spain, France and Portugal in 8c, 9 and 10 and Union waters of CECAF 34.1.1 (MAC/*8C910). (2) May be fished in 2a, 6a north of 56° 30′ N, 4a, 7d, 7e, 7f and 7h (MAC/*AX7H). (3) The amount of access limit indicated below (MAC/*N5630), in tonnes, maybe fished by Norway North of 56°30′ N. The amounts not counted under footnote 2 shall be counted against the catch limit established by Norway. 28659 (4) This amount shall be deducted from the Faroe Islands’ catch limit (access quota). It may be fished only in 6a north of 56° 30′ N (MAC/*6AN56). However, from 1 January to 15 February and from 1 October to 31 December this quota may also be fished in 2a, 4a north of 59°(EU zone) (MAC/*24N59). Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones and periods: Union waters of 2a; Union and Norwegian waters of 4a. During the periods from 1 January to 15 February and from 1 September to 31 December Norwegian waters of 2a Faroese waters (MAC/*4A-EN) (MAC/*2AN-) (MAC/*FRO2) Germany 10599 1428 1461 France 7067 951 974 Ireland 35330 4762 4871 Netherlands 15457 2082 2131 Union 68453 9223 9437 United Kingdom 97162 13097 13395

(12) the fishing opportunities table for mackerel in 8c, 9 and 10; Union waters of CECAF 34.1.1 is replaced by the following: Species: Mackerel Scomber scombrus Zone: 8c, 9 and 10; Union waters of CECAF 34.1.1 (MAC/8C3411) Spain 24990 (1) Analytical TAC Article 8(2) of this Regulation applies Article 7(1) of this Regulation applies France 166 (1) Portugal 5165 (1) Union 30321 TAC Not relevant (1) Special condition: quantities subject to exchanges with other Member States may be taken in 8a, 8b and 8d (MAC/*8ABD.). However, the quantities provided by Spain, Portugal or France for exchange purposes and to be taken in 8a, 8b and 8d shall not exceed 25 % of the quotas of the donor Member State. Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone: 8b (MAC/*08B.) Spain 2099 France 14 Portugal 433

(13) the fishing opportunities table for common sole in Union waters of 2a and 4 is replaced by the following: Species: Common sole Soleasolea Zone: Union waters of 2a and 4 (SOL/24-C.) Belgium 731 Analytical TAC Article 8(2) of this Regulation applies Article 7(1) of this Regulation applies Denmark 334 Germany 585 France 146 Netherlands 6597 Union 8393 Norway 5 (1) United Kingdom 376 TAC 8774 (1) May be fished only in Union waters of 4 (SOL/*04-C.).

(14) the fishing opportunities table for common sole 7b and 7c is replaced by the following: Species: Common sole Soleasolea Zone: 7b and 7c (SOL/7BC.) France 6 Precautionary TAC Ireland 28 Union 34 TAC 34

(15) the fishing opportunities table for common sole in 7d is replaced by the following: Species: Common sole Soleasolea Zone: 7d (SOL/07D.) Belgium 339 Precautionary TAC Article 8(2) of this Regulation applies Article 7(1) of this Regulation applies France 678 Union 1017 United Kingdom 242 TAC 1259

(16) the fishing opportunities table for horse mackerel and associated bycatches in Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 is replaced by the following: Species: Horse mackerel and associated by-catches Trachurus spp. Zone: Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 (JAX/2A-14) Denmark 5457 (1)(3) Analytical TAC Article 7(1) of this Regulation applies Germany 4258 (1)(2)(3) Spain 5808 (3)(5) France 2191 (1)(2)(3)(5) Ireland 14181 (1)(3) Netherlands 17085 (1)(2)(3) Portugal 559 (3)(5) Sweden 540 (1)(3) Union 50079 (3) Faroe Islands 1280 (4) United Kingdom 5135 (1)(2)(3) TAC 56494 (1) Special condition: up to 5 % of this quota fished in Union waters of 2a or 4a before 30 June may be accounted for as fished under the quota concerning the zone of Union waters of 4b, 4c and 7d (JAX/*2A4AC). (2) Special condition: up to 5 % of this quota may be fished in 7d (JAX/*07D.). Under this special condition, and in accordance with footnote (3), by-catches of boarfish and whiting shall be reported separately under the following code: (OTH/*07D.). (3) Up to 5 % of the quota may consist of by-catches of boarfish, haddock, whiting and mackerel (OTH/*2A-14). By-catches of boarfish, haddock, whiting and mackerel 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. (4) Limited to 4a, 6a (north of 56° 30′ N only), 7e, 7f, 7h. (5) Special condition: up to 80 % of this quota may be fished in 8c (JAX/*08C2). Under this special condition, and in accordance with footnote (3), by-catches of boarfish and whiting shall be reported separately under the following code: (OTH/*08C2).

PART C

Annex IB to Regulation (EU) 2021/92 is amended as follows:

(1) the fishing opportunities table for herring in Union, Faroese, Norwegian and international waters of 1 and 2 is replaced by the following: Species: Herring Clupeaharengus Zone: Union, Faroese, Norwegian and international waters of 1 and 2 (HER/1/2-) Belgium 10 (1) Analytical TAC Article 7(1) of this Regulation applies Denmark 9965 (1) Germany 1745 (1) Spain 33 (1) France 430 (1) Ireland 2580 (1) Netherlands 3566 (1) Poland 504 (1) Portugal 33 (1) Finland 154 (1) Sweden 3692 (1) Union 22713 (1) United Kingdom 6371 (1) Faroe Islands 5950 (2)(3) Norway 26175 (2)(4) TAC 446755 (1) When reporting catches to the Commission the quantities fished in each of the following areas shall also be reported: NEAFC Regulatory Area and Union waters. (2) May be fished in Union waters north of 62° N. (3) To be counted against the catch limits of the Faroe Islands. (4) To be counted against the catch limits of Norway. Special condition: within the limits of the above-mentioned quotas, no more than the quantities given below may be taken in the following zones: Norwegian waters north of 62° N and the fishery zone around Jan Mayen (HER/*2AJMN) 26175 2, 5b north of 62° N (Faroese waters) (HER/*25B-F) Belgium 2 Article 7(1) of this Regulation applies Denmark 2040 Germany 357 Spain 7 France 88 Ireland 528 Netherlands 729 Poland 103 Portugal 7 Finland 31 Sweden 756 United Kingdom 1303

(2) the fishing opportunities table for cod in Norwegian waters of 1 and 2 is replaced by the following: Species: Cod Gadusmorhua Zone: Norwegian waters of 1 and 2 (COD/1N2AB.) Germany 1300 Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply Article 7(1) of this Regulation applies Greece 161 Spain 1450 Ireland 161 France 1194 Portugal 1450 Union 5716 United Kingdom 5044 TAC Not relevant

Versions

1. 2021-03-05