Considerations on COM(2021)434 - Provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area (recast) - Main contents
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| dossier | COM(2021)434 - Provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area (recast). |
|---|---|
| document | COM(2021)434  |
| date | October 4, 2023 |
(1) Regulation (EU) No 1343/2011 of the European Parliament and of the Council 9 has been substantially amended several times 10 . Since further amendments are to be made, that Regulation should be recast in the interests of clarity.
2019/982 recital 2
(2) One of the objectives of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and the Council 11 , is to ensure that fishing and aquaculture activities are environmentally sustainable in the long term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies.
1343/2011 recital 1
(3) The European Community acceded to the Agreement for the establishment of the General Fisheries Commission for the Mediterranean (GFCM Agreement) pursuant to Council Decision 98/416/EC of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean (GFCM) 12 .
1343/2011 recital 2
(4) The GFCM Agreement provides an appropriate framework for multilateral cooperation to promote the development, conservation, rational management and best utilisation of living marine resources in the Mediterranean and the Black Sea at levels which are considered sustainable and at low risk of collapse.
1343/2011 recital 3 (adapted)
(5) The European Union, as well as Bulgaria, Greece, Spain, France, Croatia, Italy, Cyprus, Malta, Romania and Slovenia are contracting parties to the GFCM Agreement.
1343/2011 recital 4
(6) Recommendations adopted by the GFCM are binding on its contracting parties. As the Union is a contracting party to the GFCM Agreement, these recommendations are binding on the Union and should therefore be implemented in Union law unless their content is already covered thereby
1343/2011 recital 6
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(7) For these reasons of clarity, simplification and legal certainty, and since the permanent character of recommendations requires also a permanent legal instrument for their implementation in Union law, it is appropriate to implement these recommendations via a single legislative act, where future recommendations can be added by way of amendments to that act.
1343/2011 recital 12
(8) The advice upon which management measures are based should itself be based on the scientific use of relevant data on fleet capacity and activity, on the biological status of exploited resources and on the social and economic situation of fisheries. This data needs to be collected and submitted in time to allow the subsidiary bodies of the GFCM to prepare their advice.
1343/2011 recital 5 (adapted)
At its Annual Sessions in 2005, 2006, 2007 and 2008 the GFCM adopted a number of recommendations and resolutions for certain fisheries in the GFCM Agreement area which have been temporarily implemented in Union law by the annual Regulations on fishing opportunities or, in the case of GFCM Recommendations 2005/1 and 2005/2, by Article 4(3) and Article 24 of Council Regulation (EC) No 1967/2006 13 .
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(9) The GFCM Annual Sessions held since 2005 adopted a number of recommendations and resolutions for certain fisheries in the GFCM Agreement area which have been implemented into Union law mainly by Regulation (EU) No 1343/2011 and its amendments.
1343/2011 recital 13 (adapted)
At its Annual Session in 2008, the GFCM adopted a recommendation on a regional scheme of port state measures to combat Illegal, Unreported and Unregulated (IUU) fishing in the GFCM Area. While Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing 14 covers generally the content of that recommendation and has been applied since 1 January 2010, there are nevertheless some parts thereof, such as the frequency, the coverage and the procedure for port inspections, which need to be referred to in this Regulation in order to adapt them to the particularities of the GFCM Agreement area.
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(10) At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/8 amending provision 13 and Annex I of GFCM/33/2009/8. While Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing 15 partly covers the content of this recommendation, this Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation.
1343/2011 recital 10 (adapted)
At its Annual Session of 23 to 27 March 2009 the GFCM adopted, on the basis of scientific advice by the Scientific Advisory Committee (SAC), contained in the report of its 11th session (FAO report No 890), a recommendation on the establishment of a fisheries restricted area in the Gulf of Lions. It is appropriate to implement this measure by means of a fishing effort management system.
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(11) At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/4 on a management plan for the sustainable exploitation of red coral in the Mediterranean Sea, repealing Recommendations GFCM/35/2011/2, GFCM/36/2012/1, GFCM/40/2016/7 and GFCM/41/2017/5. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation.
(12) At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/2 on fisheries management measures for the conservation of sharks and rays in the GFCM area of application, amending Recommendation GFCM/36/2012/3. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation
(13) At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/42/2018/8 on further emergency measures in 2019-2021 for small pelagic stocks in the Adriatic Sea, replacing Recommendation GFCM/38/2014/1. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation.
2015/2102 recital 10 (adapted)
(14) The GFCM measures laid down in Recommendations GFCM/37/2013/1 and GFCM/38/2014/1 GFCM/43/2018/8 includes a ban on retention on board or landing which should be implemented in Union law in accordance with Article 15(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ( 16 ). For the purpose of proper implementation, national control, monitoring and surveillance programmes should be developed, which the Commission should communicate annually to the GFCM.
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(15) At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/5 on establishing a multiannual management plan for demersal stocks in the Strait of Sicily, repealing Recommendations GFCM/39/2015/2 and GFCM/40/2016/4. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation
(16) At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot fisheries in the Black Sea. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation
1343/2011 recital 7 (adapted)
GFCM recommendations apply to the entire GFCM Agreement area, that is the Mediterranean and the Black Sea and connecting waters, as defined in the preamble to the GFCM Agreement, and therefore, for reasons of clarity and legal certainty, they should be implemented in a single separate Regulation rather than through amendments to Regulation (EC) No 1967/2006 which covers only the Mediterranean Sea.
1343/2011 recital 8 (adapted)
Certain provisions contained in Regulation (EC) No 1967/2006 should apply not only to the Mediterranean Sea but to the entire GFCM Agreement area. Those provisions should therefore be deleted from Regulation (EC) No 1967/2006 and included in this Regulation. In addition, certain provisions regarding minimum mesh size that are laid down in that Regulation should be further clarified.
1343/2011 recital 9 (adapted)
The ‘fisheries restricted areas’ established by GFCM recommendations for spatial management measures are equivalent to the ‘fishing protected areas’ as used in Regulation (EC) No 1967/2006.
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(17) At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/2 on a management plan for the sustainable exploitation of blackspot seabream in the Alboran Sea. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation.
1343/2011 recital 11
In Mediterranean mixed fisheries, the selectivity of some fishing gears cannot be permitted to go beyond a certain level. In addition to the overall control and limitation of fishing effort, it is fundamental to limit fishing effort in areas where adults of important stocks aggregate, in order to ensure a risk of reproduction impairment that is low enough to allow for their sustainable exploitation. It is therefore advisable, in respect of the area examined by the SAC, first to limit the fishing effort to previous levels and then not to allow any increase of that level.
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(18) At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/1 on a multiannual management plan for European eel in the Mediterranean Sea. This Recommendation establishes a multiannual management plan for fisheries catching European eel in the Mediterranean Sea, in line with the precautionary approach to fisheries management. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation.
(19) At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/3 on a multiannual management plan for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Levant Sea . This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation.
(20) At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/4 on a multiannual management plan for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Ionian Sea. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation.
(21) At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/7 on a regional research programme on blue crab in the Mediterranean. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation.
(22) At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/9 on a regional research programme for rapa whelk fisheries in the Black Sea. . This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation
(23) At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/1 on a set of management measures for the use of anchored fishing aggregating devices in common dolphinfish fisheries in the Mediterranean Sea. This Recommendation complements Recommendation GFCM/30/2006/2 on the establishment of a closed season for common dolphinfish fisheries using fish aggregating devices and establishes a set of management measures for the use of anchored FADs exploiting common dolphinfish in the GFCM area of application. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union law.
(24) At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/6 on management measures for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Strait of Sicily. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union law.
1343/2011 recital 14 (adapted)
(25) Implementing powers should be conferred on the Commission in order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of the format and transmission of: the report on the fishing activities carried out in fisheries restricted areas; applications for carrying over lost days due to bad weather in the closed season for dolphinfish fisheries and the report on such carrying over; the report in the context of collecting data on dolphinfish fisheries; information in respect of the use of minimum mesh size for nets used for trawling activities exploiting demersal stocks in the Black Sea; and data on statistical matrices, as well as in respect of cooperation and exchange of information with the Executive Secretary of the GFCM Secretariat . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers 17 .
1343/2011 recital 15 (adapted)
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(26) In order to ensure that the Union continues to fulfil its obligations under the GFCM Agreement, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the implementation in Union law of amendments, which have become binding on the Union, to existing GFCM measures which have already been implemented in Union law, as regards the provision to the Executive Secretary of the GFCM of information on minimum mesh size in the Black Sea; the transmission to the Executive Secretary of the GFCM Secretariat of the list of authorised vessels for the purpose of the GFCM Register; the derogations to conservation measures for red coral; the implementation of the permanent catch certification scheme for red coral; port state measures; cooperation, information and reporting; the table, map and geographic coordinates of the GFCM Geographical Sub-Areas; port state inspection procedures for vessels; and GFCM statistical matrices. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council,
1343/2011 (adapted)
1 982/2019 Art. 1.1
2 982/2019 Art. 1.2(a)
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