Considerations on COM(2022)171 - Amendment of management, conservation and control measures for Atlantic Tunas and bluefin tuna in the Atlantic and the Mediterranean

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(1) Since the adoption of Regulation (EU) 2017/2107 of the European Parliament and of the Council 8 , the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted at its 2017, 2018, 2019 and 2021 annual meetings a number of legally binding measures for the conservation of fishery resources under its purview. Moreover, the EU has not yet implemented legally binding measures adopted at the ICCAT’s 2006 annual meeting concerning the farming activities of the Bluefin tuna.

(2) Regulation (EU) 2017/2107 should therefore be amended in order to implement into Union law ICCAT measures for tropical tunas, North and Southern albacore, sailfish, blue and white marlin, billfish data reporting, shortfin mako shark, as well as observer programme, responsibilities for scientific observers, and an updated list of ICCAT species.

(3) Regulation (EU) XX/2022 9  should be amended to implement into Union law concerning Farm Member State annual carryover declaration and certain caging obligations.

(4) Certain provisions of ICCAT Recommendations are likely to be amended at forthcoming ICCAT annual meetings due to the introduction of new technical and management measures for fisheries governed under the ICCAT Convention. Therefore, in order to swiftly implement into Union law future amendments to ICCAT Recommendations before the start of the fishing season, 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 following aspects: tropical tuna capacity limitations and its annual capacity fishing plan reporting; annual carryover for bigeye tuna, North and Southern Atlantic Albacore tuna and North and South Atlantic swordfish; management plans in respect of fish-aggregating devices (FADs); number of instrumental buoys; FAD’s requirements; information to be submitted for FADs by vessels; prohibition of FAD periods; restrictions on the number of vessels fishing for North Atlantic Albacore; North Atlantic swordfish management plan; conditions to authorise catch and retain shortfin mako sharks; requirements to maximise the sea turtle survival; minimum percentage of observer coverage and percentage coverage measurement; and amending the list of ICCAT species. 

(5) Number of support vessels operating in support of purse seiners should not increase from the numbers recorded in June 2020 as set out in ICCAT Recommendation 21-01. Such retroactive application does not affect the principle of legal certainty and the protection of legitimate expectations.

(6) Regulations (EU) 2017/2107 and XX/2022 should therefore be amended accordingly,