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Measures on European eel fisheries in Union waters of ICES subareas 3, 4, 6, 7, 8 and 9 1. This Article applies to Union marine and brackish waters of ICES subareas 3, 4, 6, 7, 8 and 9, and to adjacent Union brackish waters. Brackish waters include estuaries, coastal lagoons and transitional waters.

2. This Article does not apply to commercial fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 and that the STECF has confirmed to the Commission and the Member States concerned that such scientific investigations are justified on scientific grounds. The same conditions shall apply by analogy to commercial fishing operations conducted for the exclusive purpose of scientific investigations without a fishing vessel.

3. It shall be prohibited to engage in commercial fishing activities for European eel (Anguilla anguilla) at all life stages for a period of at least six months between 1 April 2024 and 31 March 2025. In addition, Members States and fishers shall undertake all reasonable efforts to minimise and where possible eliminate incidental by-catch of European eel. When accidentally caught, specimens of eel shall not be harmed and shall be promptly released. To that effect, the Member State concerned, either individually or jointly, shall determine one or more closure periods subject to the following:

(a) where appropriate, the closure period or periods may differ between Member States or within one Member State from one fishing area to another in order to take account of the geographical and temporal migration pattern of eel at its different life stages;

(b) the closure period or periods shall last for a consecutive or non-consecutive time span of at least six months, which shall apply to all fishers concerned in the relevant fishing area;

(c) the closure period or periods shall be consistent with the conservation objectives set out in Regulation (EC) No 1100/2007, and with national management plans established pursuant to Article 2 of that Regulation; and (d) the closure period or periods shall cover the main migration period or periods, including the respective peak, of European eel at the respective life stage in the Member State concerned.

4. By way of derogation from paragraph 3, point (d), for European eel of an overall length of 12 cm or more, the Member States concerned may allow fishing activities for up to a total of 30 consecutive or non-consecutive days, which shall apply to all fishers concerned in the relevant fishing area, during the main migration period. In that case, the Member States concerned shall determine an additional closure of an equivalent period of time during the main migration period or, subsidiarily, just before or after it. In case a Member State allows fishing for non-consecutive days, the fishing gear shall be taken out of the water between any period of non-consecutive days.

5. For European eel of an overall length of 12 cm or more in ICES subarea 3, the closure period or periods referred to in paragraph 3 and the derogation thereof referred to in paragraph 4 shall be agreed by all the Member States concerned so as to ensure an effective protection of eel on its migration from the Baltic Sea into the North Sea. In the absence of such an agreement by 1 March 2024, the closure period shall be 15 September 2024 to 15 March 2025 in Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden, and without the possibility of the derogation referred to in paragraph 4.

6. By way of further derogation from paragraph 3, point (d), for European eel of an overall length of less than 12 cm, the Member States concerned may allow fishing activities for up to a total of 30 consecutive or non-consecutive days, which shall apply to all fishers concerned in the relevant fishing area, during the main migration period. In addition, the Member States concerned may allow fishing exclusively for restocking for up to an additional 50 days during the main migration period. In both cases, the Member States concerned shall determine an additional closure of an equivalent period of time during the main migration period or, subsidiarily, just before or after it. In case a Member State allows fishing for non-consecutive days, the fishing gear shall be taken out of the water between any period of non-consecutive days.

7. Recreational fisheries of European eel at all life stages shall be prohibited.

8. The Member State concerned, either individually or jointly, shall inform the Commission:

(a) by 1 March 2024, about the closure period or periods that it has determined in accordance with paragraphs 3 to 6 together with the supporting information justifying the chosen period or periods;

(b) within 2 weeks after their adoption, of national measures relating to the closure period or periods that it has determined in accordance with paragraph 3 to 6.