Explanatory Memorandum to COM(2020)830 - Amendment of Regulation as regards fishing authorisations for Union fishing vessels in UK waters and fishing operations of UK fishing vessels in Union waters

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dossier COM(2020)830 - Amendment of Regulation as regards fishing authorisations for Union fishing vessels in UK waters and fishing operations of ...
source COM(2020)830 EN
date 10-12-2020


1. CONTEXT OF THE PROPOSAL

Pursuant to Regulation (EU) No 1380/2013 1 , (the Common Fisheries Policy Basic Regulation) Union fishing vessels have equal access to Union waters and resources subject to the rules of the Common Fisheries Policy. As from the end of the transition period, the Common Fisheries Policy will no longer apply to the United Kingdom. The United Kingdom waters (territorial sea and adjacent exclusive economic zone) will then no longer be part of the Union waters.

To guarantee the sustainability of fisheries and in light of the importance of fisheries for the economic livelihood of many communities, it is important to keep open the possibility of arrangements for continued reciprocal access by Union and United Kingdom vessels to each other’s waters, after 31 December 2020 until a fisheries agreement with the United Kingdom has been concluded. The purpose of this Regulation is to create the appropriate legal framework for such access.

As provided in the United Nations Convention on the Law of the Sea of 10 December 1982 (‘UNCLOS’) and in the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 (‘UNFSA’), the management of certain shared, straddling and highly migratory fish stocks requires the cooperation of all the countries in whose waters the stock occurs (the coastal States) and the countries whose fleets exploit that stock (the fishing States). This cooperation may be established in the framework of ad hoc arrangements among the countries having an interest in the fishery.

Fishing opportunities for the year 2021 have to be agreed, also by the United Kingdom. These arrangements will provide the basis for stability of fishing activities and will have to be established in full respect of the requirements set out in Articles 61 and 62 of UNCLOS. These arrangements should aim to ensure sustainable exploitation of marine living resources and stability within both Union waters and United Kingdom waters.

Regulation (EU) 2017/2403 2 (SMEFF Regulation) sets out the rules for fishing operations carried out by Union fishing vessels in waters of a third country and for third country vessels in Union waters.

For fishing operations carried out by Union fishing vessels in waters of a third country, the SMEFF provides that a flag Member State may grant direct authorisations to the operator and establishes the conditions and procedures for the granting of such authorisations. Given the number of Union fishing vessels that carry out fishing activities in the waters of the United Kingdom, these conditions and procedures could lead to considerable delays and an increased administrative burden in case the United Kingdom authorises EU vessels to fish in the waters of the United Kingdom. It is necessary to establish specific conditions and procedures to facilitate the authorisation of Union fishing vessels by the United Kingdom for the operation of fishing activities in United Kingdom waters. These conditions and procedures should be equivalent to the authorisation requirements that the SMEFF lays down for third country vessels carrying out fishing activities in Union waters.

The specific rules provided for in this proposal should apply from the day following the end of the transition period. The granting of authorisations is subject to the principle of 'reciprocity', i.e. on condition that the United Kingdom extends access rights for EU vessels to conduct fishing activities in United Kingdom waters on a basis satisfactory to the Union. Consequently, authorisations will only be granted if and to the extent that the United Kingdom provides authorisations for Union vessels to make use of fishing opportunities allocated to them.

• Consistency with existing policy provisions in the policy area

N/A

• Consistency with other Union policies

N/A

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The legal basis is Article 43(2) of the Treaty on the Functioning of the European Union. 

• Subsidiarity

The CFP and its control is an area of exclusive EU competence pursuant to Article 3(d) of the Treaty and therefore the subsidiarity principle does not apply.

The proposed act would amend Union Regulation (EU) No 2017/2403, so as to provide a legal basis in Union law providing for the possibility for United Kingdom vessels to carry out fishing activities in Union waters and for introducing simplified and more efficient authorisation procedures for vessels wishing to fish in United Kingdom waters. Action is therefore indispensable at Union level and the result could not be achieved through action at Member State level due to the exclusive competence of the Union.

• Proportionality

The proposal complies with the proportionality principle. The proposed Regulation is considered proportionate as it is aims to ensure that the status quo in terms of access by Union fishing vessels in United Kingdom waters can be ensured by laying down reciprocal authorisation conditions. In doing so major disruptions and delays in the authorisation procedures will be avoided.

• Choice of the instrument

This act is an amendment of a Regulation.

• Transmission of this proposal to national parliaments

Draft legislative acts, including proposals from the Commission, sent to the European Parliament and to the Council must be forwarded to national parliaments in accordance with the Protocol (No 1) on the role of national Parliaments in the European Union, annexed to the Treaties.

According to Article 4 of the Protocol, an eight-week period must elapse between a draft legislative act being made available to national parliaments and the date when it is placed on a provisional agenda for the Council for its adoption or for adoption of a position under a legislative procedure.

However, exceptions are possible under Article 4 in cases of urgency, the reasons for which must be stated in the act or position of the Council.

In view of the necessity to provide for procedures for authorising sustainable fishing operations in United Kingdom and Union waters, at the latest by the day following that on which Union law ceases to apply to and in the United Kingdom, and given the necessity to provide for procedures for authorising sustainable fishing operations in the United Kingdom and Union waters on the basis of reciprocity at the latest by that day, in order to avoid an abrupt discontinuation of fishing operations in those waters, the adoption of this proposal by the European Parliament and the Council has to be considered as a case of urgency. Therefore, it is considered to be appropriate to rely on an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

This is not applicable due to the exceptional, temporary and one-off nature of the event necessitating this proposal which does not relate to the objectives of existing legislation.

• Stakeholder consultations

The challenges arising from the United Kingdom's withdrawal from the Union and possible solutions have been raised by various fisheries stakeholders and Member States representatives. All operators, stakeholders and concerned Member States have emphasised the need to secure reciprocal sustainable fishing activities.

• Collection and use of expertise

N/A

• Impact assessment

An impact assessment is not needed, due to the exceptional nature of the situation and limited needs of the period during which the change of status of the United Kingdom is implemented. No materially and legally different policy options are available other than the one proposed.    

• Regulatory fitness and simplification

N/A

• Fundamental rights

This proposal has no consequence for the protection of fundamental rights.

4. BUDGETARY IMPLICATIONS

There are no budgetary implications arising from the proposal.

5. OTHER ELEMENTS

N/A