Commission Delegated Regulation (EU) 2025/1726 of 27 June 2025 amending Regulation (EU) 2019/1241 as regards the correction of the territorial scope of provisions concerning short-necked clam and red seabream

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (1), and in particular Article 15(2) thereof,

Whereas:

(1) Regulation (EU) 2019/1241 lays down technical measures for the conservation of fisheries resources and the protection of marine ecosystems. Annex VI thereto provides for technical measures in the North Western Waters and Annex VII for such measures in the South Western Waters at regional level.

(2) Commission Delegated Regulation (EU) 2024/3204 (2) amended the nineteenth entry of the table in Part A of that Annex VI and the twentieth entry of the table in Part A of that Annex VII, to set a Minimum Conservation Reference Size (MCRS) of 36 cm for red seabream, respectively in ICES subareas 6 and 7 and in ICES subarea 8.

(3) The scope of application for the MCRS of 36 cm for red seabream should be clarified since the territorial scope of Delegated Regulation (EU) 2024/3204, differing from previous similar delegated acts, was not specified by that delegated act. In the North Western Waters it should be limited to ICES subareas 6 and 7; and in the South Western Waters it should be limited to ICES subarea 8. In ICES subarea 5 and ICES subareas 9 and 10 (Union waters) and CECAF zones 34.1.1, 34.1.2 and 34.2.0 (Union waters), the minimum conservation reference size of 33 cm is maintained. Such clarification should appear in all official language versions of the text, and Annexes VI and VII to Regulation (EU) 2019/1241 should be corrected accordingly.

(4) Delegated Regulation (EU) 2024/3204 amended the twenty-sixth entry of the table in Part A of Annex VII to Regulation (EU) 2019/1241, to change the MCRS of short-necked clam from 35 mm to 32 mm in ICES subarea 8. On 13 January 2025, the Member States brought to the Commission’s attention an error by which the amendment had not included the reference to the statistical rectangle 18E8 in ICES subarea 8 (the Arcachon Basin), in accordance with the joint recommendation.

(5) This error appears in all official language versions of the text, and Annex VII to Regulation (EU) 2019/1241 should be corrected accordingly.

(6) The measures introduced by this Regulation applicable to Union waters are in pursuit of the objectives set out in Article 494(1) and (2) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (3) and have regard to the principles referred to in Article 494(3) of that agreement. They are without prejudice to any measures applicable in waters of the United Kingdom of Great Britain and Northern Ireland.

(7) Regulation (EU) 2019/1241 should therefore be corrected accordingly,

(8) As the measures provided for in this Regulation have a direct impact on the planning of the fishing season for short-necked clam and red seabream and on related economic activities, this Regulation should enter into force on the day following that of its publication. Considering that Delegated Regulation (EU) 2024/3204 entered into force on 1 January 2025, this Regulation should also apply from that date,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes VI and VII to Regulation (EU) 2019/1241 are corrected 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 2025.

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

Done at Brussels, 27 June 2025.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 198, 25.07.2019, p. 105, ELI: http://data.europa.eu/eli/reg/2019/1241/2025-01-01.

(2) Commission Delegated Regulation (EU) 2024/3204 of 11 October 2024 amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards short-necked clam and red seabream (OJ L, 2024/3204, 31.12.2024, ELI: http://data.europa.eu/eli/reg_del/2024/3204/oj).

(3) OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internation/2021/689(1)/oj.