Explanatory Memorandum to COM(2020)205 - Amending Regulation 2019/1838 on fishing opportunities for 2020 in the Baltic Sea, and Regulation 2020/123 on fishing opportunities in 2020 in Union and non-Union waters - Main contents
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| dossier | COM(2020)205 - Amending Regulation 2019/1838 on fishing opportunities for 2020 in the Baltic Sea, and Regulation 2020/123 on fishing ... |
|---|---|
| source | COM(2020)205  |
| date | 20-05-2020 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Council Regulation (EU) 2019/1838 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea needs to be corrected to allow small-scale fishermen to continue using like in the past drifting lines during the spawning closure periods established for the two cod stocks. Council Regulation (EU) 2020/123 fixes for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain non-Union waters. These fishing opportunities are usually amended several times during the period in which they are in effect.
• Consistency with existing policy provisions in the policy area
The measures proposed are designed in accordance with the objectives and the rules of the Common Fisheries Policy and are consistent with the Union's policy on sustainable development.
• Consistency with other Union policies
The measures proposed are consistent with other Union policies, in particular with the policies in the field of environment.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis of this proposal is Article 43(3) of the Treaty on the Functioning of the European Union.
The Union's obligations for sustainable exploitation of living aquatic resources arise from obligations set out in Article 2 of the new basic regulation of the CFP.
• Subsidiarity (for non-exclusive competence)
The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of the Treaty. The subsidiarity principle therefore does not apply.
• Proportionality
The proposal complies with the proportionality principle for the following reason: the CFP is a common policy. According to Article 43(3) of the Treaty, it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities.
• Choice of the instrument
Proposed instrument: regulation.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Contents
• Stakeholder consultations
The Proposal takes into account the feedback from the stakeholders, Advisory Councils, the national administrations, fishermen organisations and non-governmental organisations throughout the year and their feedback is taken into account when setting the fishing opportunities.
• Collection and use of expertise
The Proposal is based on the scientific advice 1 of the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF).
• Impact assessment
The scope of the fishing opportunities regulation is circumscribed by Article 43(3) of the Treaty.
• Regulatory fitness and simplification
Not applicable.
• Fundamental rights
Not applicable.
4. BUDGETARY IMPLICATIONS
The proposed measures will have no budgetary implications.
5. OTHER ELEMENTS
• Detailed explanation of the specific provisions of the proposal
The proposed amendments seek to modify Council Regulation (EU) 2019/1838 and Council Regulation (EU) 2020/123 as described below.
Council Regulation (EU) 2019/1838 establishes for the two Baltic cod stocks closure periods during the spawning period to ensure undisturbed spawning with a view to higher recruitment. Like in the past, there is a derogation from the closure period for small-scale coastal fisheries using certain passive gears given their very limited impact on the spawning of the said stocks. Unlike in the past, the derogation for the use of drifting lines was unintentionally omitted. It is considered that the use of drifting lines should continue to be allowed and should thus be included in the derogation, as in the previous years. The Regulation should therefore be corrected accordingly.
The fishing mortality (F) for cod is estimated to be above Flim. The spawning-stock biomass (SSB) has decreased since 2015 and is estimated to be below Blim. In accordance with Article 7(2) of the North Sea multiannual plan 2 , where scientific advice indicates that the spawning stock biomass of any of the stocks referred to in Article 1(1) of that plan is below the Blim, further remedial measures must be taken to ensure rapid return of the stock to levels above the level capable of producing MSY. In particular, those remedial measures may include suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities for those stocks and/or other stocks in the fisheries having by-catches of cod. In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway 3 , the Union has held consultations on fishing rights with Norway. The Parties have agreed to recommend to their respective authorities to introduce additional remedial measures to supplement the TAC already agreed in December 2019, so as to provide additional protection for both juvenile and adult cod on a temporary basis during 2020. These measures should include real time closures for the protection of cod, seasonal closures for the protection of juveniles, restricted areas with specific access conditions and the introduction of new fishing gear based measures. The first of these remedial measures, area closures for the protection of spawning cod, has already been introduced 4 and while these are designed to offer protection during the spawning period, they do not offer protection for juveniles or outside the spawning period, which generally lasts only a number of weeks. While spawning periods and locations are well established and can therefore be quickly implemented, measures to restrict access to specific gear types and the introduction of more selective gears requires more detailed consultations with the stakeholders. Therefore the inclusion of these measures in this amendment of the fishing opportunities regulation should be decided on the basis of these consultations.
The Commission tabled a proposal for the second set of measures in the 1st amendment to the fishing opportunities. However, at that time, the Member States concerned sought to establish a Joint Recommendation to propose additional measures using a joint recommendation. As a consequence, the Council and the Commission issued the following joint statement:
“The Commission and the Council underline that it is urgent to introduce additional remedial measures to support the recovery of North Sea and Skagerrak cod. Adoption of such measures is necessary given the biological state of stock, in accordance with Article 7, para 2 of Regulation (EU) 2018/973 establishing the North Sea multiannual plan, and is in line with the agreed understanding with Norway for such measures. The Commission will consider submitting appropriate proposals, taking into account the work done in the relevant regional group, and the Council will examine them as a matter of urgency.”
To date, the Member States concerned have not made sufficient progress, which would permit the introduction of these measures during 2020, in line with the EU-Norway commitment. Therefore the Commission proposes that the relevant measures be included in the 2nd amendment to the fishing opportunities regulation. It follows the same approach as the previous one, providing for large precautionary areas with specific access conditions. The proposal has also been adjusted to take into consideration views from Member States on two issues. It now includes a list of pre-defined gears that have been previously assessed either by STECF or subject to a scientific peer review. The proposal continues to include a more flexible approach for gears that meet a specific criteria, and also modifies the process for their evaluation by the STECF.
The new approach gives two possible avenues to the Member States and operators: they can either use one of the pre-defined gears (new element) or they can deploy novel gears, and in parallel the Commission would seek the view of STECF on the gear. Should STECF provide a negative opinion, these gears would be withdrawn. Similarly, the proposal retains the possibility for Member States to develop cod avoidance plans, but instead of awaiting advice from STECF before implementation, STECF advice will be sought in parallel. In the event of a negative assessment, Member States would be obliged to amend their plan accordingly.
On 9 March 2020 ICES issued the advice for catches of Northern prawn (Pandalus borealis) in ICES divisions 3a and 4a East (Skagerrak, Kattegat, and the northern North Sea in the Norwegian Deep). Following the consultations with Norway, the allocation of Northern prawn for the EU in Skagerrak is set at 3 266 tonnes.
Sprat (Sprattus sprattus) in 3a is a short-lived species and ICES will publish its annual scientific advice on 14 April 2020. Since April 2019, ICES issues one piece of advice for sprat in 3a and for sprat in the North Sea, as they are considered to be a single biological stock. In Council Regulation 2020/123 the TAC for sprat in 3a was set from 1 January to 30 June 2020. In Council Regulation (EU) 2020/123 the total allowable catch (TAC) limits from 1 July 2020 to 30 June 2021 were set at zero. Therefore, catches of sprat in the North sea should be amended in line with the latest scientific advice from ICES and after consultations with Norway.
The TAC for sprat in 3a should be established for the period from 1 July 2020 to 30 June 2021, in line with the latest scientific advice from ICES and matching the period of that advice, and after consultations with Norway. A temporary specific reporting code for sprat and associated by-catches in 3a is provided for this purpose.
Sprat (Sprattus sprattus) in the North Sea is a short-lived species and ICES will publish its annual scientific advice on 14 April 2020.
The TAC for anchovy (Engraulis encrasicolus) in ICES subareas 9 and 10 and Union waters of the Fishery Committee for the Eastern Central Atlantic (CECAF) 34.1.1 for the period from 1 July 2020 to 30 June 2021 has been set at zero, pending the scientific advice for that period. ICES will issue its advice for this stock only at the end of June 2020. In order to ensure that fishing activity may continue until the TAC is set on the basis of the latest scientific advice, a provisional TAC of 4 018 tonnes, based on the catches in the third quarter of 2019, should be established. The TAC would be amended, in line with the ICES scientific advice.
In the Agreed Record of 19 December 2019 for 2020 between the European Union and Norway, the Parties agreed that in addition to the agreed 50 000 tonnes of herring (Clupea harengus), which Norway can fish from its quota in Union waters of 4a and 4b, and that the EU can fish in Norwegian waters, an additional quantity of maximum 10 000 tonnes will be granted if such an increase is requested by both parties. This agreement must be reflected in Union law.
At its annual meeting in February 2020, the South Pacific Regional Fisheries Management Organisation (SPRFMO) adopted new catch limits for jack mackerel (Trachurus murphyi). The applicable measures should be implemented in the law of the Union.
At its annual meeting held between 23 and 27 September 2019, the Northwest Atlantic Fisheries Organisation (NAFO), decided to close the fishery for splendid alfonsino (Beryx splendens) in NAFO subarea 6 due to a possible depletion of the stock. These measures should therefore be implemented in the law of the Union. Therefore, the list of prohibited species should be amended accordingly to reflect this ban.
The International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommendation 16-05 introduced for 2020 the TAC for Mediterranean swordfish. This TAC has been implemented in Union law. However, in January 2020, the ICCAT Secretariat issued guidelines for the calculation of the TAC for Mediterranean swordfish (Xiphias gladius). As a result, the EU quota needs to be updated accordingly.
At its annual meeting held between 17 and 21 June 2019, the Indian Ocean Tuna Commission (IOTC) adopted new catch limits for yellowfin tuna (Thunnus albacares) that do not affect the Union catch limits in the framework of IOTC. However, it adopted measures reducing the possibilities for the use of fish aggregating devices (FADs), supply vessels as well as instrumented buoys. Therefore, further changes should be made to Regulation EU 2020/123 to ensure that the implementing rules properly reflect the decisions taken by the Parties to the IOTC.
The 6th regular session of the Southern Indian Ocean Fisheries Agreement (SIOFA), which took place on 1-5 July 2019, decided on bottom fishing measures and effort limitation in the Agreement Area. The measures agreed in that session have to be implemented in the law of the Union. The current implementing measures are to be updated to reflect the measures agreed at the meeting regarding limits to bottom fishing.
Fishing licenses are granted by the European Commission to vessels flying the Venezuelan flag in order to allow them to fish for snapper in European waters off the coast of Guiana. Regulation (EU) 2020/123 provides for granting of 45 licenses, however, in order to issue these authorisations, proof must be provided that a valid contract has been concluded between the shipowner and a processing company located in Guiana. Provisions should be adopted to ensure continuity of fishing operations in between two periods covered by contracts, pending the completion of the procedures. Council Regulation (EU) 2020/123 should therefore be amended accordingly to reflect these measures.
Consultation of the United Kingdom
As this Regulation is to be adopted during the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, the Commission will consult the United Kingdom in accordance with Article 130(1) of that Agreement.