Explanatory Memorandum to COM(2021)434 - Provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area (recast)

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dossier COM(2021)434 - Provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area (recast).
source COM(2021)434 EN
date 30-07-2021


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The purpose of this proposal is to implement into EU law the fisheries conservation and management measures adopted in 2018 and 2019 by the General Fisheries Commission for the Mediterranean (GFCM), to which the Union has been a contracting party since 1998. The previous implementation of GFCM measures was enacted by Regulation (EU) 2019/982 1 , which amended two earlier transposing acts, Regulation (EU) 2015/2102 2 and Regulation (EU) 1343/2011 3 . Since the 2019 Regulation has been substantially amended several times and now requires further amendment, it will be recast in the interest of clarity, simplification and legal certainty.

The GFCM is the regional fisheries management organisation (RFMO) responsible for managing fishery resources in the Mediterranean and Black Sea. Its main objectives are to promote the development, conservation, rational management and best utilisation of living marine resources, and to ensure the sustainable development of aquaculture, in the Mediterranean, Black Sea and connecting waters. The Union and 10 of its Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are contracting parties to the GFCM Agreement.

The GFCM has the authority to adopt binding decisions (‘recommendations’) on fisheries conservation and management in its area of competence. These acts are addressed to the contracting parties, but may also contain obligations for operators (e.g. vessel masters). GFCM recommendations become binding 120 days after the date of first notification, provided that no objections are lodged. It is incumbent on the Union to ensure compliance with these measures, as international obligations, as soon as they enter into force.

This proposal grants delegated powers to the Commission under Article 290 of the Treaty on the Functioning of the European Union (TFEU), to ensure that the Union continues to fulfil its obligations under the GFCM Agreement.

• Consistency with existing policy provisions in the policy area

This proposal complements and is generally consistent with other provisions of Union law in this area. Derogations from existing acts are however established in certain instances due to the nature of the more specific measures proposed.

To the extent to which the GFCM decisions adopted in 2018 and 2019 are not yet covered by existing EU law, they must be implemented into the EU legal system to ensure that are applied in a uniform and effective manner throughout the EU.

This proposal takes account of Regulation (EU) 2019/1241 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures 4 . It pursues the objectives of the reformed common fisheries policy 5 and will be applied without prejudice to Regulation (EC) No 1967/2006 6 .

• Consistency with other Union policies

Not applicable.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

This proposal is based on Article 43(2) TFEU, as it sets out provisions necessary for the pursuit of the objectives of the reformed common fisheries policy.

• Subsidiarity (for non-exclusive competence)

This proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU). Therefore, the subsidiarity principle does not apply.

• Proportionality

This proposal will ensure that Union law is in line with international obligations adopted by the GFCM, to which the Union is a contracting party. It implements these without exceeding what is necessary to achieve the objective pursued.

• Choice of instrument

The instrument chosen is a Regulation of the European Parliament and of the Council. This choice takes into account the objectives of the common fisheries policy and the EU’s other international obligations.

This proposal marks the fourth transposition of GFCM recommendations into EU law. Given the nature, scope and number of amendments involved, the legal services requested a recast as the most appropriate procedure to ensure sufficient legal clarity and readability.

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

• Ex-post evaluations/fitness checks of existing legislation

Not applicable.

• Stakeholder consultations

The purpose of this proposal is to implement existing GFCM measures that are binding on the contracting parties. National experts and industry representatives from EU Member States were consulted before and during the negotiations at the 42nd and 43rd GFCM annual sessions. Consequently, it was not considered necessary to hold a stakeholder consultation on this regulation.

• Collection and use of expertise

Not applicable.

• Impact assessment

Measures adopted by the GFCM are based on advice from its Scientific Advisory Committee. Further impact assessment will not be carried out, as no new policy (going further than the GFCM measures) will be developed and no significant new impacts are expected from the transposition.

• Regulatory fitness and simplification

This proposal is not linked to REFIT. 

• Fundamental rights

This proposal has no consequences for the protection of EU citizens’ fundamental rights.

4. BUDGETARY IMPLICATIONS

Not applicable.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Not applicable.

• Explanatory documents (for directives)

Not applicable.

• Detailed explanation of the specific provisions of the proposal

This proposal will address issues relating to the sustainable conservation and management of fisheries, and to the impact of fishing activities on certain marine species in the Mediterranean and Black Sea areas. As previously mentioned, in the interest of legal clarity, the proposed act will be a recast. 

Title I contains general provisions on subject matter, scope, links with other Union acts and definitions. The proposal applies to commercial fishing and aquaculture, and recreational fishing, by Union fishing vessels and nationals of Member States in the GFCM Agreement area.

Title II deals with fisheries management, conservation and control measures for certain species. It includes chapters on European eel, giant red shrimp, blue and red shrimp, red coral, demersal fisheries, small pelagic fisheries, blackspot seabream, dolphin fish, turbot and piked dogfish.

Tittle III sets out common provisions and includes measures on conservation, control, cooperation, information and reporting, and regional research programmes. Chapter I focuses on technical and conservation measures, in particular to reduce the impact of fishing activities on certain marine species (including sharks and rays) and incidental catches, to establish fisheries restricted areas (FRAs) and temporal closures, and to regulate what fishing gear may be used. Chapter II contains control measures, in particular as regards the register of authorised vessels, port state measures and vessels presumed to have carried out illegal, unreported and unregulated (IUU) fishing. Chapter III includes measures on cooperation, information sharing and reporting. Chapter IV establishes regional research programmes on blue crab in the Mediterranean and rapa whelk in the Black Sea.

Title IV sets out final provisions, including on the delegation of powers and entry into force.

The reporting deadlines in this proposal have been established on the basis of deadlines agreed at GFCM level, with a view to enabling the EU to comply with the requirements for reporting to the GFCM Secretariat.


 1343/2011 (adapted)