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

  • Language: English
  • Year: 2019

Fishing Offenses & Infractions

Does the law/regulation contain any provisions related to harmful fishing methods and the sale of fish caught using such methods?

  • Article 7

    PDF (pages 117-118)Source URL
    1. It shall be prohibited to catch or harvest marine species using the following methods: (a) toxic, stupefying or corrosive substances; (b) electric current except for the electric pulse trawl, which shall only be allowed under the specific provisions of Part D of Annex V; (c) explosives; (d) pneumatic hammers or other percussive instruments; (e) towed devices for harvesting red coral or other type of corals or coral-like organisms; (f) St Andrew’s cross and similar grabs for harvesting, in particular, red coral or other type of corals and coral-like species; (g) any type of projectile, with the exception of those used to kill caged or trapped tuna and of hand-held spears and spear guns used in recreational fishing without an aqualung, from dawn until dusk.

Does the law/regulation contain any provisions prohibiting the targeting of marine mammals?

  • Article 11

    PDF (page 121)Source URL
    1. The catching, retention on board, transhipment or landing of marine mammals or marine reptiles referred to in Annexes II and IV to Directive 92/43/EEC and of species of seabirds covered by Directive 2009/147/EC shall be prohibited.
    2. When caught, species referred to in paragraph 1 shall not be harmed and specimens shall be promptly released.
    3. Notwithstanding paragraphs 1 and 2, the retention on board, transhipment or landing of specimens of marine species referred to in paragraph 1 which have been caught accidentally, shall be permitted as far as this activity is necessary to secure assistance for the recovery of the individual animals and to allow for scientific research on incidentally killed specimens, provided that the competent national authorities concerned have been fully informed in advance as soon as possible after the catch and in accordance with applicable Union law.
    4. On the basis of the best available scientific advice a Member State may, for vessels flying its flag, put in place mitigation measures or restrictions on the use of certain gear. Such measures shall minimise, and where possible eliminate, the catches of the species referred to in paragraph 1 of this Article and shall be compatible with the objectives set out in Article 2 of Regulation (EU) No 1380/2013 and be at least as stringent as technical measures applicable under Union law.
    5. Measures adopted pursuant to paragraph 4 of this Article shall aim at achieving the target set out in point (b) of Article 4(1). The Member States shall, for control purposes, inform the other Member States concerned of provisions adopted under paragraph 4 of this Article. They shall also make publicly available appropriate information concerning such measures.