Council Regulation (EU) 2019/529 of 28 March 2019 amending Regulation (EU) 2019/124 as regards certain fishing opportunities

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) 2019/124 (1) fixes the fishing opportunities for 2019 for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters.

(2) At its annual meeting in 2018, the Western and Central Pacific Fisheries Commission (WCPFC) maintained conservation measures for swordfish and tropical tunas. Those measures should be implemented in the law of the Union.

(3) At its annual meeting in 2019, the South Pacific Regional Fisheries Management Organisation (SPRFMO) adopted new catch limits for jack mackerel (Trachurus murphyi) and approved exploratory fisheries for toothfish (Dissostichus spp.). The applicable measures should be implemented in the law of the Union.

(4) In Regulation (EU) 2019/124, the total allowable catch (TAC) for sandeel in the International Council for the Exploration of the Sea (ICES) divisions 2a and 3a and ICES subarea 4 was set at zero. Sandeel is a short-lived species and the relevant scientific advice becomes available in the second half of February, while the fishing activities start in April.

(5) The catch limits for sandeel in ICES divisions 2a and 3a and ICES subarea 4 should be amended in line with the latest scientific advice from the ICES, issued on 22 February 2019, for the maximum sustainable yield approach and, for certain management areas, for the precautionary approach.

(6) Effort limits for Union fishing vessels in the International Commission for the Conservation of Atlantic Tunas (ICCAT) Convention Area are based on information provided in the fishing, capacity and farming plans for bluefin tuna communicated by Member States to the Commission. Those effort limits were reported through the Union plan endorsed by ICCAT during the Intersessional meeting of Panel 2 held on 4 and 5 March 2019. They should be established as part of the fishing opportunities.

(7) Regulation (EU) 2019/124 should therefore be amended accordingly.

(8) The catch limits provided for in Regulation (EU) 2019/124 apply from 1 January 2019. The provisions introduced by this Regulation concerning catch limits should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2019/124 is amended as follows:

(1) Article 27(2) is replaced by the following: ‘2.   The Member States referred to in paragraph 1 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2019 to the total Union level of 36 102 gross tonnage in that area.’;

(2) the following Article is inserted: ‘Article 28a Exploratory fisheries

(3) Annexes IA, IB, IH, IJ, III, IV, VII and VIII to Regulation (EU) 2019/124 are amended in accordance with 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 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 March 2019.

For the Council The President G. CIAMBA

(1) Council Regulation (EU) 2019/124 of 30 January 2019 fixing for 2019 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 29, 31.1.2019, p. 1).