Article 6 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as advice received from Advisory Councils established for the relevant geographical areas or fields of competence and joint recommendations made by Member States.
(2)
It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. Article 16(1) of Regulation (EU) No 1380/2013 provides that fishing opportunities should be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery.
(3)
Article 2 of Regulation (EU) No 1380/2013 provides that the objective of the common fisheries policy (CFP) is to achieve the maximum sustainable yield (MSY) exploitation rate by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks.
(4)
The total allowable catches (TACs) should therefore be established, in accordance with Regulation (EU) No 1380/2013, on the basis of the available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as in having regard to the opinions expressed during the consultation with stakeholders.
(5)
Article 16(4) of Regulation (EU) No 1380/2013 provides that for stocks subject to specific multiannual plans, the fishing opportunities are to be established in accordance with the rules laid down in those plans.
(6)
The Multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea (‘the plan’) was established by Regulation (EU) 2019/1022 of the European Parliament and of the Council (2) and entered into force on 16 July 2019. The plan aims to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY.
(7)
In accordance with Article 4(1) of Regulation (EU) 2019/1022, fishing opportunities for stocks listed in Article 1 of that Regulation should be fixed to achieve fishing mortality at maximum sustainable yield on a progressive, incremental basis by 2020 where possible, and by 1 January 2025 at the latest. Fishing opportunities should be expressed as maximum allowable fishing effort for trawlers and longliners fixed in accordance with the fishing effort regime laid down in Article 7 of Regulation (EU) 2019/1022 as well as maximum catch limits for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) fixed in accordance with scientific advice.
(8)
STECF advised that, in order to attain the MSY targets for the western Mediterranean fish stocks, further urgent actions are needed and significant reductions of fishing mortality are necessary for trawlers. For 2022, the maximum allowable fishing effort of trawlers, in accordance with Article 7(3)(b) of the plan, should therefore be reduced by 6 % compared to the 2015-17 baseline, to be deducted from the maximum allowable fishing effort set for 2021 by Council Regulation (EU) 2021/90 (3) and the additional effort reduction established at the level of Italian authorities.
(9)
STECF advised that, in order to attain the MSY targets for the western Mediterranean fish stocks, further urgent actions are needed, in particular to manage the fishing mortality for demersal longliners. For 2022, it is necessary to establish the maximum allowable fishing effort of longliners, in accordance with Article 7(5) of the plan, based on the fishing effort expressed as number of fishing days between 1 January 2015 and 31 December 2017. This maximum allowable fishing effort for longliners should not prejudge the maximum allowable fishing effort to be established for 2023.
(10)
In 2020, STECF advised that the fishing mortality of blue and red shrimp in Geographical Sub-Areas (GSAs) 1-5-6-7 and GSAs 8-9-10-11 would need to decrease significantly to achieve MSY by 2025 at the latest. The General Fisheries Commission for the Mediterranean (GFCM) Scientific Advisory Committee on Fisheries (SAC) also issued the same advice for fishing mortality of blue and red shrimp in GSA 2. Moreover, STECF estimated that the biomass of blue and red shrimp was declining. In 2021, STECF advised that the fishing mortality of this species has not changed and further management measures are thus required. Given the scientific advice and the unchanged stocks situation, in accordance with Article 7(3)(b) of the plan, it is appropriate to complement the effort regime with maximum catch limits and establish a specific maximum catch limit for blue and red shrimp in GSAs 1-2-5-6-7 and a maximum catch limit for blue and red shrimp in GSAs 8-9-10-11.
(11)
In 2020, STECF advised that the biomass of giant red shrimp in GSAs 8-9-10-11 was declining. In 2021, STECF advised that the fishing mortality of this species has not changed and that the biomass is still declining. Given the scientific advice and the unchanged stocks situation, in accordance with Article 7(3)(b) of the plan, it is appropriate to complement the effort regime with maximum catch limits and establish a specific maximum catch limit for giant red shrimp in GSAs 8-9-10-11.
(12)
At its 42nd annual meeting in 2018, the GFCM adopted Recommendation GFCM/42/2018/1 establishing management measures for European eel (Anguilla anguilla) in the Mediterranean Sea (GFCM geographical subareas 1 to 27). Those measures include catch or effort limits and an annual closure period of three consecutive months to be defined by each Member State in accordance with the conservation objectives of Council Regulation (EC) No 1100/2007 (4), the national management plan or plans for eel and the temporal migration patterns of eel in the Member State. Where national management plans resulting in effort or catch reductions of at least 30 % have been in place before the entry into force of that Recommendation, the catch or fishing effort limits already established and implemented should not be exceeded. The closure should apply to all marine waters of the Mediterranean Sea and to brackish waters such as estuaries, coastal lagoons and transitional waters, in accordance with that Recommendation. The closure period is functionally linked to the fishing opportunities, as, without it in place, the level of catches or fishing effort should be reduced to ensure the recovery of the stock. Those measures should be implemented in Union law.
(13)
At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/20 on a multiannual management plan for the sustainable exploitation of small pelagic stocks in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced a maximum level of catch and a related fleet capacity ceiling for purse-seiners and pelagic trawlers targeting small pelagics. Those measures should be implemented in Union law.
(14)
At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/6 on a multiannual management plan for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Levant Sea, amending Recommendation GFCM/42/2018/3 (GFCM geographical subareas 24, 25, 26 and 27), which introduced a freezing of fishing effort expressed in a maximum number of fishing vessels. That Recommendation prolonged existing measures for one year. Those measures should be implemented in Union law.
(15)
At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/8 on a multiannual management plan for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Ionian Sea, amending Recommendation GFCM/42/2018/4 (GFCM geographical subareas 19, 20 and 21), which introduced a freezing of fishing effort expressed in a maximum number of fishing vessels. That Recommendation prolonged existing measures for one year. Those measures should be implemented in Union law.
(16)
At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/7 on management measures for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Strait of Sicily, amending Recommendation GFCM/43/2019/6 (GFCM geographical subareas 12, 13, 14, 15 and 16), which introduced a freezing on the fishing effort expressed in a maximum number of fishing vessels. That Recommendation prolonged existing measures for one year. Those measures should be implemented in Union law.
(17)
At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced a fishing effort regime and a related fleet capacity ceiling for certain demersal stocks. Those measures should be implemented in Union law.
(18)
At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/1 on the establishment of a fishing effort regime for key demersal fisheries in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced a maximum allowable fishing days, by type of trawl and fleet segment, for certain demersal stocks. Those measures should be implemented in Union law.
(19)
Taking into account the particularities of the Slovenian fleet and its marginal impact on the stocks of small pelagic and demersal species, it is appropriate to preserve the existing fishing patterns and to ensure access by the Slovenian fleet to a minimum quantity of small pelagic species and a minimum effort quota for demersal species.
(20)
At its 43rd annual meeting in 2019, the GFCM also adopted Recommendation GFCM/43/2019/4 on a management plan for the sustainable exploitation of red coral (Corallium rubrum) in the Mediterranean Sea (GFCM geographical subareas 1 to 27), which introduced a freezing of fishing effort expressed by a maximum number of fishing authorisations, and harvest limits for red coral. Those measures should be implemented in Union law.
(21)
At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/4 on a management plan for the sustainable exploitation of blackspot seabream in the Alboran Sea, amending Recommendation GFCM/43/2019/2 (GFCM geographical subareas 1, 2 and 3), which introduced a catch and effort limit based on the average level authorised and exerted over the period 2010–2015. That Recommendation prolonged existing measures for one year. Those measures should be implemented in Union law.
(22)
At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/11 on management measures for the use of anchored fish aggregating devices in common dolphinfish fisheries in the Mediterranean Sea, amending Recommendation GFCM/43/2019/1 (GFCM geographical subareas 1 to 27), which introduced a freezing of the fishing effort expressed in a maximum number of fishing vessels targeting common dolphinfish. That Recommendation prolonged existing measures for one year. Those measures should be implemented in Union law.
(23)
At its 43rd annual meeting 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 (GFCM geographical subarea 29). That recommendation introduced an updated regional Total Allowable Catch (TAC) and a quota allocation scheme for turbot, as well as further conservation measures, in particular a two months closure period and a limitation of fishing days to 180 days per year. These additional measures are functionally linked to the fishing opportunities, as, without those measures in place, TAC level for turbot should be reduced to ensure its recovery. Those measures should be implemented in Union law.
(24)
In accordance with the scientific advice provided by the GFCM, it is necessary to maintain the current level of fishing mortality to ensure the sustainability of the stock of sprat in the Black Sea. It is therefore appropriate to continue setting an autonomous quota for that stock.
(25)
The fishing opportunities should be established on the basis of the available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders.
(26)
The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (5), and in particular to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.
(27)
The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (6) implementing certain provisions for fishing in the GFCM Agreement area.
(28)
Council Regulation (EC) No 847/96 (7) introduced additional conditions for the year-to-year management of TACs including, under Articles 3 and 4 of that Regulation, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when fixing the TACs, the Council is to decide to which stocks Article 3 or 4 of that Regulation is not to apply, in particular on the basis of the biological status of the stocks. More recently, the year-to-year flexibility mechanism was introduced by Article 15(9) of Regulation (EU) No 1380/2013 for all stocks that are subject to the landing obligation. Therefore, in order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of marine biological resources, hinder the achievement of the objectives of the CFP and deteriorate the biological status of the stocks, it should be established that Articles 3 and 4 of Regulation (EC) No 847/96 apply to analytical TACs only where the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used.
(29)
In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishermen, this Regulation should apply from 1 January 2022. For reasons of urgency, this Regulation should enter into force immediately after its publication.
(30)
Fishing opportunities should be used in full compliance with Union law,
