REGULATION (EU) 2022/2495 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

20.12.2022 | EN | Official Journal of the European Union | L 325/1 ---|---|---|--- * * * REGULATION (EU) 2022/2495 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 December 2022 amending Regulation (EU) No 1380/2013 as regards restrictions to the access to Union waters THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the ordinary legislative procedure (2), Whereas: (1) | Union fishing vessels have equal access to Union waters and resources subject to the rules of the Common Fisheries Policy (CFP). ---|--- (2) | Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3) provides for derogations from the equal access rule. ---|--- (3) | In accordance with that Regulation, Member States are authorised to restrict fishing to fishing vessels that traditionally fish in those waters from ports on the adjacent coast in waters up to 12 nautical miles from their baselines. ---|--- (4) | Member States are also authorised to restrict access to waters up to 100 nautical miles from the baselines of the Union outermost regions referred to in Article 349, first paragraph, of the Treaty on the Functioning of the European Union (TFEU) to vessels registered in the ports of those regions. ---|--- (5) | Existing rules restricting access to resources within the 12 nautical mile zones of Member States have benefitted conservation by restricting fishing effort in the most sensitive part of Union waters. Those rules have also preserved traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent. ---|--- (6) | Existing rules restricting access to marine biological resources around the Union outermost regions referred to in Article 349, first paragraph, TFEU have contributed to the preservation of the local economy of those regions, having regard to their structural, social and economic situation. ---|--- (7) | The existing derogations concerning restrictions to access to Union waters will expire on 31 December 2022. Those derogations should, however, be extended for a period of 10 years beyond that date, in order to ensure continuity of the current protection measures and to avoid disrupting the balance that has been achieved since the introduction of this special regime. Those derogations are an integral part of the CFP and the duration and scope of that extension may be revised in the framework of any review of the CFP. ---|--- (8) | In accordance with Article 510 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 (4), a review of the implementation of Heading Five of that Agreement, including of the provisions in relation to access to waters, is to be carried out four years after the end of the adjustment period, which ends on 30 June 2026. ---|--- (9) | The Commission should report to the European Parliament and to the Council on the application of the general rules on access to waters referred to in Article 5 of Regulation (EU) No 1380/2013 before the expiry of the derogations. That report should be submitted by 30 June 2031. ---|--- (10) | Annex I to Regulation (EU) No 1380/2013 should be amended following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union. That Annex should also be amended following a joint request by Italy and Greece regarding the access of Italian fishing vessels to the 6-12 n.m. area of Greek territorial waters in the Ionian Sea and a proposal by Greece for access of Italian fishing vessels to the 6-12 n.m. area of the Greek exclusive economic zone (EEZ), in line with the Annex to this Regulation. ---|--- (11) | Regulation (EU) No 1380/2013 should therefore be amended accordingly, ---|--- HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EU) No 1380/2013 is amended as follows: (1) | Article 5 is amended as follows: | (a) | in paragraphs (2), (3) and (4), the date ‘31 December 2022’ is replaced by the date ‘31 December 2032’; ---|--- (b) | the following paragraph is added: ‘5. The Commission shall report to the European Parliament and to the Council on the application of this Article by 30 June 2031.’ ; ---|--- (2) | Annex I is replaced by the text set out in the Annex to this Regulation. ---|--- Article 2 This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States from 1 January 2023. Done at Strasbourg, 14 December 2022. For the European Parliament The President R. METSOLA For the Council The President M. BEK * * * (1) OJ C 517, 22.12.2021, p. 123. (2) Position of the European Parliament of 22 November 2022 (not yet published in the Official Journal) and decision of the Council of 8 December 2022. (3) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22). (4) OJ L 149, 30.4.2021, p. 10. * * * ANNEX ‘ANNEX I ACCESS TO COASTAL WATERS WITHIN THE MEANING OF ARTICLE 5(2) 1\. Coastal waters of Ireland (a) ACCESS FOR FRANCE Geographical area | Species | Importance or particular characteristics ---|---|--- Irish coast (6 to 12 nautical miles) | | | 1. | Erris Head north-west Sybil Point west ---|--- Demersal | Unlimited Nephrops | Unlimited | 2. | Mizen Head south Stags south ---|--- Demersal | Unlimited Nephrops | Unlimited Mackerel | Unlimited | 3. | Stags south Cork south ---|--- Demersal | Unlimited Nephrops | Unlimited Mackerel | Unlimited Herring | Unlimited | 4. | Cork south, Carnsore Point south ---|--- All species | Unlimited | 5. | Carnsore Point south, Haulbowline south-east ---|--- All species, except shellfish | Unlimited (b) ACCESS FOR THE NETHERLANDS Geographical area | Species | Importance or particular characteristics ---|---|--- Irish coast (6 to 12 miles) | | | 1. | Stags south Carnsore Point south ---|--- Herring | Unlimited Mackerel | Unlimited (c) ACCESS FOR GERMANY Geographical area | Species | Importance or particular characteristics ---|---|--- Irish coast (6 to 12 nautical miles) | | | 1. | Old Head of Kinsale south Carnsore Point south ---|--- Herring | Unlimited | 2. | Cork south Carnsore Point south ---|--- Mackerel | Unlimited (d) ACCESS FOR BELGIUM Geographical area | Species | Importance or particular characteristics ---|---|--- Irish coast (6 to 12 nautical miles) | | | 1. | Cork south Carnsore Point south ---|--- Demersal | Unlimited | 2. | Wicklow Head east Carlingford Lough south-east ---|--- Demersal | Unlimited 2\. Coastal waters of Belgium Geographical area | Member State | Species | Importance or particular characteristics ---|---|---|--- 3 to 12 nautical miles | Netherlands | All species | Unlimited | France | Herring | Unlimited 3\. Coastal waters of Denmark Geographical area | Member State | Species | Importance or particular characteristics ---|---|---|--- North Sea coast (Danish/German frontier to Hanstholm) (6 to 12 nautical miles) | | | | Danish/German frontier to Blåvands Huk | Germany | Flatfish | Unlimited Shrimps and prawns | Unlimited Netherlands | Flatfish | Unlimited Roundfish | Unlimited Blåvands Huk to Bovbjerg | Belgium | Cod | Unlimited only from 1 June to 31 July Haddock | Unlimited only from 1 June to 31 July Germany | Flatfish | Unlimited Netherlands | Plaice | Unlimited Sole | Unlimited Thyborøn to Hanstholm | Belgium | Whiting | Unlimited only from 1 June to 31 July Plaice | Unlimited only from 1 June to 31 July | Germany | Flatfish | Unlimited Sprat | Unlimited Cod | Unlimited Saithe | Unlimited Haddock | Unlimited Mackerel | Unlimited Herring | Unlimited Whiting | Unlimited Netherlands | Cod | Unlimited Plaice | Unlimited Sole | Unlimited Skagerrak (Hanstholm to Skagen) (4 to 12 nautical miles) | Belgium | Plaice | Unlimited only from 1 June to 31 July Germany | Flatfish | Unlimited Sprat | Unlimited Cod | Unlimited Saithe | Unlimited Haddock | Unlimited Mackerel | Unlimited Herring | Unlimited Whiting | Unlimited Netherlands | Cod | Unlimited Plaice | Unlimited Sole | Unlimited Kattegat (3 to 12 miles) | Germany | Cod | Unlimited Flatfish | Unlimited Nephrops | Unlimited Herring | Unlimited North of Zeeland to the parallel of the latitude passing through Forsnæs lighthouse | Germany | Sprat | Unlimited Baltic Sea (including Belts, Sound, Bornholm) (3 to 12 nautical miles) | Germany | Flatfish | Unlimited Cod | Unlimited Herring | Unlimited Sprat | Unlimited Eel | Unlimited Salmon | Unlimited Whiting | Unlimited Mackerel | Unlimited Skagerrak (4 to 12 miles) | Sweden | All species | Unlimited Kattegat (3 to 12 miles) (1) | Sweden | All species | Unlimited Baltic Sea (3 to 12 miles) | Sweden | All species | Unlimited 4\. Coastal waters of Germany Geographical area | Member State | Species | Importance or particular characteristics ---|---|---|--- North Sea coast (3 to 12 nautical miles) all coasts | Denmark | Demersal | Unlimited Sprat | Unlimited Sandeel | Unlimited Netherlands | Demersal | Unlimited Shrimps and prawns | Unlimited Danish/German frontier to the northern tip of Amrum at 54° 43′ N | Denmark | Shrimps and prawns | Unlimited Baltic coast (3 to 12 miles) | Denmark | Cod | Unlimited Plaice | Unlimited Herring | Unlimited Sprat | Unlimited Eel | Unlimited Whiting | Unlimited Mackerel | Unlimited 5\. Coastal waters of France and the overseas departments Geographical area | Member State | Species | Importance or particular characteristics ---|---|---|--- North east Atlantic coast (6 to 12 nautical miles) | | | Belgian/French frontier to east of Departement Manche (Vire-Grandcamp les Bains estuary 49° 23′ 30″ N-1° 02′ WNNE) | Belgium | Demersal | Unlimited Scallops | Unlimited Netherlands | All species | Unlimited Dunkerque (2° 20′ E) to Cap d’Antifer (0° 10′ E) | Germany | Herring | Unlimited only from 1 October to 31 December Atlantic coast (6 to 12 nautical miles) | | | Spanish/French frontier to 46° 08′ N | Spain | Anchovies | Directed fishing, unlimited only from 1 March to 30 June Fishing for live bait from 1 July to 31 October only Sardines | Unlimited only from 1 January to 28 February and from 1 July to 31 December | | | In addition, activities relating to the abovementioned species must be pursued in accordance with, and within the limits of, the activities pursued during 1984 Mediterranean coast (6 to 12 nautical miles) | | | Spanish frontier Cap Leucate | Spain | All species | Unlimited 6\. Coastal waters of Spain Geographical area | Member State | Species | Importance or particular characteristics ---|---|---|--- Atlantic coast (6 to 12 nautical miles) | | | French/Spanish frontier to Cap Mayor lighthouse (3° 47′ W) | France | Pelagic | Unlimited in accordance with, and within the limits of, the activities pursued during 1984 Mediterranean coast (6 to 12 nautical miles) | | | French frontier/Cap Creus | France | All species | Unlimited 7\. Coastal waters of Croatia (2) Geographical area | Member State | Species | Importance or particular characteristics ---|---|---|--- 12 miles limited to the sea area under the sovereignty of Croatia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana) | Slovenia | Demersal and small pelagic species including sardine and anchovy | 100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets 8\. Coastal waters of the Netherlands Geographical area | Member State | Species | Importance or particular characteristics ---|---|---|--- (3 to 12 nautical miles) whole coast | Belgium | All species | Unlimited Denmark | Demersal | Unlimited Sprat | Unlimited Sandeel | Unlimited Horse-mackerel | Unlimited Germany | Cod | Unlimited Shrimps and prawns | Unlimited (6 to 12 nautical miles) whole coast | France | All species | Unlimited 9\. Coastal waters of Slovenia (3) Geographical area | Member State | Species | Importance or particular characteristics ---|---|---|--- 12 miles limited to the sea area under the sovereignty of Slovenia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana) | Croatia | Demersal and small pelagic species including sardine and anchovy | 100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets 10\. Coastal waters of Finland Geographical area | Member State | Species | Importance or particular characteristics ---|---|---|--- Baltic Sea (4 to 12 miles) (4) | Sweden | All species | Unlimited 11\. Coastal waters of Sweden Geographical area | Member State | Species | Importance or particular characteristics ---|---|---|--- Skagerrak (4 to 12 nautical miles) | Denmark | All species | Unlimited Kattegat (3 to 12 miles) (5) | Denmark | All species | Unlimited Baltic Sea (4 to 12 miles) | Denmark | All species | Unlimited Finland | All species | Unlimited 12\. Coastal waters of Greece Geographical area | Member State | Species | Importance or particular characteristics ---|---|---|--- Ionian Sea 6 to 12 nautical miles in Greek territorial waters | Italy | Cephalopods Crustaceans Demersal Large pelagic species | A maximum number of 68 vessels’ South-Southeast of the island of Crete (East of 26°00′00″ E) 6 to 12 nautical miles in Greek EEZ South-Southeast of the island of Koufonisi 6 to 12 nautical miles in Greek EEZ South-Southwest of the island of Kasos 6 to 12 nautical miles in Greek EEZ South-Southeast of the island of Karpathos 6 to 12 nautical miles in Greek EEZ South-Southwest (West of 27°59′02.00″ E) of the island of Rhodes 6 to 12 nautical miles in Greek EEZ. * * * (1) Measured from the coastline. (2) The abovementioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009. (3) The abovementioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009. (4) 3 to 12 miles around Bogskär Isles. (5) Measured from the coastline. * * *