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Document 02016R2336-20161223
Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002
Consolidated text: Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002
Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002
02016R2336 — EN — 23.12.2016 — 000.002
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REGULATION (EU) 2016/2336 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 December 2016 (OJ L 354 23.12.2016, p. 1) |
Corrected by:
REGULATION (EU) 2016/2336 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 December 2016
establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002
Article 1
Objectives
This Regulation shall contribute to the achievement of the objectives listed in Article 2 of Regulation (EU) No 1380/2013 as far as deep-sea species and habitats are concerned. In addition, it shall aim at:
improving scientific knowledge on deep-sea species and their habitats;
preventing significant adverse impacts on VMEs within the framework of deep-sea fishing and ensuring the long-term conservation of deep-sea fish stocks;
ensuring that Union measures for the purpose of sustainable management of deep-sea fish stocks are consistent with the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72.
Article 2
Scope
This Regulation applies to fishing activities or intended fishing activities in the following waters:
by Union fishing vessels and third-country fishing vessels in Union waters of the North Sea, of the north-western waters and of the south-western waters as well as Union waters of ICES zone IIa;
by Union fishing vessels in international waters of CECAF areas 34.1.1, 34.1.2 and 34.2.
Article 3
Subject matter
Article 4
Definitions
In addition, the following definitions apply:
‘ICES zones’ means the zones defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council ( 2 );
‘CECAF areas’ means the areas defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council ( 3 );
‘Regulatory Area of the NEAFC’ means the waters subject to the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries which lie beyond the waters under the fisheries jurisdiction of the contracting parties to that Convention;
‘most vulnerable species’ means the deep-sea species that are indicated in the third column ‘Most vulnerable (x)’ of the table in Annex I;
‘métier’ means fishing activities targeting certain species by a certain gear in a certain area;
‘deep-sea métier’ means a métier that targets deep-sea species in accordance with the indications laid down in Article 5(2);
‘fisheries monitoring centre’ means an operational centre established by a flag Member State and equipped with computer hardware and software enabling automatic data reception, processing and electronic data transmission;
‘encounters’ means catches of such quantities of VME indicator species that are above the threshold levels set out in Annex IV;
‘unintended catches’ means incidental catches of marine organisms which, under Article 15 of Regulation (EU) No 1380/2013, must be landed and counted against quotas either because they are below the minimum conservation reference size or because they exceed the quantities permitted under the catch composition and by-catch rules;
‘VME indicators’ means those included in Annex III;
‘existing deep-sea fishing areas’ means the portion of the area referred to in point (a) of Article 2(1), where deep-sea fishing activities have historically occurred and that is determined in accordance with Article 7.
Article 5
Fishing authorisations
However, this shall not apply to fishing vessels for which the overall recording of deep-sea species in the calendar year concerned is less than 10 tonnes. This subparagraph is without prejudice to paragraph 6.
Article 6
Capacity management
The aggregate fishing capacity measured in gross tonnage and in kilowatts of all Union fishing vessels to which a Member State has issued a targeting fishing authorisation shall at no time exceed the aggregate fishing capacity of the vessels of that Member State, during 2009-2011, whichever year provides the higher figure, which:
have caught 10 tonnes or more of deep-sea species during any of the three calendar years between 2009-2011, whichever year provides the higher figure; and
are registered in any of the outermost regions, within the meaning of Article 349 TFEU, of that Member State and where the catches of deep-sea species of each such vessel in any of the three calendar years between 2009-2011 constituted at least 10 % of their total yearly catches, whichever year provides the higher figure.
Article 7
Existing deep-sea fishing areas
Article 8
General requirements for applications for fishing authorisations
The Commission, after having assessed the information provided by the Member States and on the basis of advice from a scientific advisory body, may, by means of implementing acts, grant an approval to conduct the requested exploratory fisheries. In the approval the Commission may, in particular, define:
the area for exploratory fisheries;
the maximum number of vessels and the maximum capacity;
the duration of such fisheries not exceeding one year, renewable once;
the maximum percentage of the total allowable catch of deep-sea species that may be caught in the exploratory fisheries; and
mitigating measures that must be complied with in order to protect VMEs.
Article 9
Specific requirements for the protection of VMEs
That assessment shall be conducted in accordance with the 2008 FAO International Guidelines for the Management of Deep-Sea Fisheries in the High Seas, shall apply the precautionary approach to fisheries management as referred to in point 8 of Article 4(1) of Regulation (EU) No 1380/2013 and shall be made publicly available.
Article 10
Application of specific control provisions
Fisheries and fishing activities covered by this Regulation shall also be subject to the provisions in Articles 7, 17, 42, 43 and 45, Article 84(1)(a), Article 95(3), Article 104(1), Article 105(3)(c), Article 107(1), Article 108(1) and Article 115(c) of, and Annex I to, Regulation (EC) No 1224/2009, except where otherwise provided for in this Regulation.
Article 11
Designated ports
Article 12
Prior notification
By way of derogation from Article 17 of Regulation (EC) No 1224/2009, the masters of all Union fishing vessels intending to land 100 kg or more of deep-sea species shall, irrespective of the length of the fishing vessel, be required to notify, at least four hours before the estimated time of arrival at port, their flag Member State's competent authority of that intention. The master or any other person responsible for the operation of vessels of 12 metres in length or less shall notify the competent authorities at least one hour before the estimated time of arrival at port.
Article 13
Logbook entries in deep waters
Where the obligation to keep a logbook applies, masters of Union fishing vessels holding a fishing authorisation in accordance with Article 5(1) or (3) shall, when engaged in a deep-sea métier or when fishing below 400 metres:
draw a new line in the paper logbook after each haul; or
when they are subject to the electronic recording and reporting system, record separately after each haul.
Article 14
Withdrawal of fishing authorisations
Without prejudice to Article 7(4) and Article 92 of Regulation (EC) No 1224/2009, and in accordance with Article 90(1) thereof, the fishing authorisations referred to in Article 5(1) and (3) of this Regulation shall be withdrawn for a duration of at least two months in any of the following cases:
failure to conform to the conditions set in the fishing authorisation with regard to limits on the use of gears, allowed areas of operation or catch limits on the species whose targeting is allowed; or
failure to take on board a scientific observer or to allow sampling of catches for scientific purposes as specified in Article 16 of this Regulation.
Article 15
Rules on data collection and reporting
Article 16
Observer coverage
Article 17
Exercise of the delegation
Article 18
Committee procedure
Article 19
Evaluation
The evaluation shall focus on trends in the following subjects:
the use of all types of fishing gear when targeting deep-sea species, with a particular emphasis on the impact on the most vulnerable species and on VMEs;
the vessels that have changed to using gears with a reduced impact on the sea bottom, and progress as regards the prevention, minimisation and, where possible, the elimination of unintended catches;
the range of operation of vessels engaging in each deep-sea métier;
the completeness and reliability of data that Member States provide to scientific bodies for the purpose of stock assessment, or to the Commission in case of specific data calls;
the deep-sea stocks for which the scientific advice has improved;
the effectiveness of accompanying measures to eliminate discards and reduce catches of the most vulnerable species;
the quality of the impact assessments carried out pursuant to Article 8;
the number of vessels and ports in the Union directly affected by the implementation of this Regulation;
the effectiveness of measures established to ensure the long-term sustainability of deep-sea fish stocks and to prevent by-catch of non-target species, in particular by-catch of the most vulnerable species;
the extent to which VMEs have been effectively protected through the restriction of authorised fishing activities to existing deep-sea fishing areas, the move-on rule and/or by other measures;
the application of the depth limitation of 800 metres.
Article 20
Repeal and transitional provisions
Article 21
Entry into force
This Regulation shall enter into force on the twentieth 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.
ANNEX I
Deep-sea species
Scientific name |
Common name |
Most vulnerable (x) |
Centrophorus spp. |
Gulper sharks |
|
Centroscyllium fabricii |
Black dogfish |
x |
Centroscymnus coelolepis |
Portuguese dogfish |
x |
Centroscymnus crepidater |
Longnose velvet dogfish |
x |
Dalatias licha |
Kitefin shark |
x |
Etmopterus princeps |
Greater lanternshark |
x |
Apristuris spp. |
Iceland catshark |
|
Chlamydoselachus anguineus |
Frilled shark |
|
Deania calcea |
Birdbeak dogfish |
|
Galeus melastomus |
Blackmouth dogfish |
|
Galeus murinus |
Mouse catshark |
|
Hexanchus griseus |
Bluntnose six-gilled shark |
x |
Etmopterus spinax |
Velvet belly |
|
Oxynotus paradoxus |
Sailfin roughshark (Sharpback shark) |
|
Scymnodon ringens |
Knifetooth dogfish |
|
Somniosus microcephalus |
Greenland shark |
|
Alepocephalidae |
Smoothheads (Slickheads) |
|
Alepocephalus Bairdii |
Baird's smoothhead |
|
Alepocephalus rostratus |
Risso's smoothhead |
|
Aphanopus carbo |
Black scabbardfish |
|
Argentina silus |
Greater silver smelt |
|
Beryx spp. |
Alfonsinos |
|
Chaceon (Geryon) affinis |
Deep-water red crab |
|
Chimaera monstrosa |
Rabbitfish (rattail) |
|
Hydrolagus mirabilis |
Large-eyed rabbitfish (Ratfish) |
|
Rhinochimaera atlantica |
Straightnose rabbitfish |
|
Coryphaenoides rupestris |
Roundnose grenadier |
|
Epigonus telescopus |
Black cardinalfish |
x |
Helicolenus dactilopterus |
Bluemouth (Bluemouth redfish) |
|
Hoplostethus atlanticus |
Orange roughy |
x |
Macrourus berglax |
Roughhead grenadier (Rough rattail) |
|
Molva dypterigia |
Blue ling |
|
Mora moro |
Common mora |
|
Antimora rostrata |
Blue antimora (Blue hake) |
|
Pagellus bogaraveo |
Red (blackspot) seabream |
|
Polyprion americanus |
Wreckfish |
|
Reinhardtius hippoglossoides |
Greenland halibut |
|
Cataetyx laticeps |
|
|
Hoplosthetus mediterraneus |
Silver roughy (Pink) |
|
Macrouridae other than Coryphaenoides rupestris and Macrourus berglax |
Grenadiers (rattails) other than roundnose grenadier and roughhead grenadier |
|
Nesiarchus nasutus |
Black gemfish |
|
Notocanthus chemnitzii |
Snubnosed spiny eel |
|
Raja fyllae |
Round skate |
|
Raja hyperborea |
Arctic skate |
|
Raja nidarosiensus |
Norwegian skate |
|
Trachyscorpia cristulata |
Spiny (deep-sea) scorpionfish |
|
Lepidopus caudatus |
Silver scabbardfish (Cutlass fish) |
|
Lycodes esmarkii |
Greater eelpout |
|
Sebastes viviparus |
Small redfish (Norway haddock) |
|
ANNEX II
Specific data collection and reporting requirements referred to in Article 15(2)
1. Member States shall ensure that data collected for an area that comprises both Union waters and international waters are further disaggregated so that they refer to Union waters or international waters separately.
2. Where the activity in the deep-sea métier overlaps with activity in another métier in the same area, the data collection concerning the former shall be carried out separately from the data collection concerning the latter.
3. Discards shall be sampled in all deep-sea métiers. The sampling strategy for landings and discards shall cover all the species listed in Annex I, as well as species belonging to the seabed ecosystem such as deep-water corals, sponges or other organisms belonging to the same ecosystem.
4. An observer deployed on board shall be requested to identify and document the weight of any stony coral, soft coral, sponges or other organisms belonging to the same ecosystem taken on board by the vessel's gear.
5. Where the applicable multiannual data collection plan requires the collection of fishing effort data in terms of hours fished by trawls and soak time for passive gear, Member States shall collect and be ready to present, together with such fishing effort data, the following additional data:
geographical location of the fishing activities on a haul-by-haul basis, from VMS data transmitted by the vessel to the fisheries monitoring centre;
the fishing depths at which the gears are deployed in the event that the vessel is subject to reporting by electronic logbook. The master of the vessel shall notify fishing depth following the standardised reporting format.
ANNEX III
VME Indicator species
The following is a list of VME habitat types, with the taxa most likely to be found in those habitats which shall be considered as VME indicators.
VME Habitat type |
Representative Taxa |
1. Cold-water coral reef |
|
(a) Lophelia pertusa reef |
Lophelia pertusa |
(b) Solenosmilia variabilis reef |
Solenosmilia variabilis |
2. Coral garden |
|
(a) Hard bottom garden |
|
(i) Hard bottom gorgonian and black coral gardens |
Anthothelidae Chrysogorgiidae Isididae, Keratoisidinae Plexauridae Acanthogorgiidae Coralliidae Paragorgiidae Primnoidae Schizopathidae |
(ii) Colonial scleractinians on rocky outcrops |
Lophelia pertusa Solenosmilia variabilis |
(iii) Non-reefal scleractinian aggregations |
Enallopsammia rostrata Madrepora oculata |
(b) Soft-bottom coral gardens |
|
(i) Soft-bottom gorgonian and black coral gardens |
Chrysogorgiidae |
(ii) Cup-coral fields |
Caryophylliidae |
(iii) Cauliflower coral fields |
Flabellidae Nephtheidae |
3. Deep-sea sponge aggregations |
|
(a) Other sponge aggregations |
Geodiidae Ancorinidae Pachastrellidae |
(b) Hard-bottom sponge gardens |
Axinellidae Mycalidae Polymastiidae Tetillidae |
(c) Glass sponge communities |
Rossellidae Pheronematidae |
4. Sea pen fields |
Anthoptilidae Pennatulidae Funiculinidae Halipteridae Kophobelemnidae Protoptilidae Umbellulidae Vigulariidae |
5. Tube-dwelling anemone patches |
Cerianthidae |
6. Mud- and sand-emergent fauna |
Bourgetcrinidae Antedontidae Hyocrinidae Xenophyophora Syringamminidae |
7. Bryzoan patches |
|
ANNEX IV
An encounter with a possible VME is defined as:
for a trawl tow, and other fishing gear than longlines: the presence of more than 30 kg of live coral and/or 400 kg of live sponge of VME indicators; and
for a longline set: the presence of VME indicators on 10 hooks per 1 000 hook segment or per 1 200 m section of longline, whichever is the shorter.
( 1 ) Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (OJ L 201, 30.7.2008, p. 8).
( 2 ) Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).
( 3 ) Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).
( 4 ) Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).