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 for the relevant geographical areas or fields of competence and joint recommendations made by Member States.
(2)
The Council is to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked to those fishing opportunities, 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 the 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. The objective of the transitional period until 2020 was to balance the achievement of MSY for all stocks with the potential socioeconomic implications of the possible adjustments of related fishing opportunities.
(4)
Therefore, in accordance with Regulation (EU) No 1380/2013, total allowable catches (TACs) should be set on the basis of available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as the opinions expressed during consultations 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 reach and maintain MSY for target stocks, ensuring that the 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 MSY on a progressive, incremental basis by 2020, where possible, and by 1 January 2025 at the latest. Fishing opportunities should be expressed as the maximum allowable fishing effort for trawlers and longliners and fixed in accordance with the fishing effort regime laid down in Article 7 of the plan, and as maximum catch limits for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) in deep waters in accordance with scientific advice and Article 7(3), point (b), of the plan.
(8)
STECF advised that, in order to attain the MSY targets for all the western Mediterranean fish stocks, further actions are needed and significant reductions of fishing mortality are necessary for trawlers. Based on such advice, for 2023, the maximum allowable fishing effort for trawlers in the western Mediterranean Sea, in accordance with Article 7(3), point (b), of the plan, should therefore be reduced by 7 % compared to the baseline between 2015 and 2017, to be deducted from the maximum allowable fishing effort set for 2022 by Council Regulation (EU) 2022/110 (3).
(9)
In 2021 STECF advised that longliners cause up to 10 % of the Hake fishing mortality in GFCM geographical subareas (GSAs) 1-5-6-7 and constitute up to 20 % of the Hake landings in GSA 10, while catches with that gear are predominantly spawners. STECF advised that the Hake stocks spawning biomass has steadily declined over the last years and the number of hake spawners in GSAs 1-5-6-7 has dropped by 66 % while it declined by 28 % in GSAs 8-9-10-11 since the beginning of the assessments. On that basis, Annex III to Regulation (EU) 2022/110 established 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. In 2022, STECF assessed that the spawning stock biomass of Hake in GSAs 1-5-6-7 and Hake in GSAs 8-9-10-11 is still below the biomass limit reference point (BLIM), within the meaning of Article 2, point (10), of the plan, and that catches should be reduced by at least 57 % in GSAs 1-5-6-7 and 78 % in GSAs 8-9-10-11, in order to reach FMSY in 2023. It is therefore appropriate to maintain, for 2023, the maximum allowable fishing effort of longliners at the levels set for 2022 by Regulation (EU) 2022/110, in accordance with Article 7(5) of the plan. That maximum allowable fishing effort for longliners, expressed in fishing days, should not prejudge the maximum allowable fishing effort to be established for 2024.
(10)
In 2021, the STECF advised that the fishing mortality of blue and red shrimp in 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 Scientific Advisory Committee on Fisheries (SAC) of the General Fisheries Commission for the Mediterranean (GFCM) issued a similar advice for fishing mortality of blue and red shrimp in GSA 2. Furthermore, the STECF estimated that the biomass of blue and red shrimp was declining. On the basis of the advice received, Regulation (EU) 2022/110 established, for 2022, the maximum catch limits for blue and red shrimp in GSAs 1-5-6-7 and GSAs 8-9-10-11.
(11)
In 2022, STECF advised that the fishing mortality of blue and red shrimp in GSAs 1-2-5-6-7 remains far from sustainable levels and further management measures are thus required. STECF advised that, in order to reach FMSY by 2023, catches should be reduced on average by 53 % because that species in GSAs 1-2 is below BLIM, while that species in GSAs 6-7 is below the biomass precautionary reference point (BPA), within the meaning of Article 2, point (11), of the plan. In accordance with Article 7(3), point (b), of the plan, it is therefore appropriate to continue setting maximum catch limits to complement the trawling effort regime. In light of the scientific advice, for 2023, the maximum catch limits for blue and red shrimp in GSAs 1-2-5-6-7 should be reduced by 5 % compared to the fishing opportunities set for 2022 by Regulation (EU) 2022/110.
(12)
In 2022, STECF advised that the fishing mortality of blue and red shrimp in GSAs 8-9-10-11 remains above sustainable levels and further management measures are thus required. STECF advised that, in order to reach FMSY by 2023, catches should be reduced by 30 %. In accordance with Article 7(3), point (b), of the plan, it is therefore appropriate to continue setting maximum catch limits to complement the trawling effort regime. In light of the scientific advice, for 2023, the maximum catch limits for blue and red shrimp in GSAs 8-9-10-11 should be reduced by 3 % compared to the fishing opportunities set for 2022 by Regulation (EU) 2022/110.
(13)
In 2021, STECF advised that the biomass of giant red shrimp in GSAs 8-9-10-11 was declining and that the fishing mortality of that stock would need to decrease significantly to achieve MSY by 2025 at the latest. On the basis of the advice received, Regulation (EU) 2022/110 established, for 2022, the maximum catch limits for giant red shrimp in GSAs 8-9-10-11.
(14)
In 2022, STECF advised that the biomass of giant red shrimp in GSAs 8-9-10-11 is declining and the fishing mortality remains above sustainable levels and further management measures are thus required. STECF advised that, in order to reach FMSY by 2023, catches should be reduced by 27 % because that species in GSAs 8-9-10-11 is above BPA. In accordance with Article 7(3), point (b), of the plan, it is therefore appropriate to continue setting maximum catch limits to complement the trawling effort regime with maximum catch limits. In light of the scientific advice, for 2023, the maximum catch limits for giant red shrimp in GSAs 8-9-10-11 should be reduced by 3 % compared to the fishing opportunities set for 2022 by Regulation (EU) 2022/110.
(15)
In 2022, STECF estimated that blue and red shrimp in GSAs 1-2, hake in GSAs 1-5-6-7 and hake in GSAs 8-9-10-11 have spawning stock biomasses below BLIM, indicating that their reproductive capacities might be reduced. The combination of all the measures adopted with regard to those stocks includes the further remedial measures required under Article 6(2) of the plan.
(16)
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 (geographical subareas 17 and 18), which introduced a fishing effort regime and a fleet capacity ceiling for certain demersal stocks. Those measures should be implemented in Union law.
(17)
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 stocks in the Adriatic Sea (geographical subareas 17 and 18), which introduced a maximum allowable number of fishing days, by type of trawl and fleet segment, for certain demersal stocks. Those measures should be implemented in Union law.
(18)
At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/8 on the implementation of a fishing effort regime for key demersal stocks in the Adriatic Sea in 2023 (geographical subareas 17 and 18), stemming from Recommendation GFCM/43/2019/5, which introduced a fishing effort regime. Those measures should be implemented in Union law.
(19)
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 (geographical subareas 17 and 18), which introduced a maximum level of catches and a related fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagic stocks, with a derogation for national fleets with fewer than 10 purse seiners and/or pelagic trawlers actively fishing for small pelagic stocks. Those measures should be implemented in Union law.
(20)
Taking into account the particularities of the Slovenian fleet and its marginal impact on the small pelagic stocks and demersal stocks, it is appropriate to preserve existing fishing patterns and to ensure access by the Slovenian fleet to a minimum quantity of small pelagic species and a minimum effort allocation for demersal stocks.
(21)
At its 43rd annual meeting 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 (geographical subareas 1 to 27), which introduced a freezing of fishing effort expressed as a maximum number of fishing authorisations, and harvest limits for red coral. 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 (geographical subareas 1 to 27), amending Recommendation GFCM/43/2019/1. Recommendation GFCM/43/2019/1 introduced a freezing of the fishing effort expressed as a maximum number of fishing vessels targeting common dolphinfish and Recommendation GFCM/44/2021/11 extended those measures until the end of 2023. Those measures should be implemented in Union law.
(23)
At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/4 on a multiannual management plan for the sustainable exploitation of demersal stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/12 and GFCM/42/2018/5. That Recommendation introduced an effort regime for the hake and catch limits for the deep-water rose shrimps, as well as a fishing capacity freeze. Those measures should be implemented in Union law.
(24)
At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/5 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/7 and GFCM/43/2019/6. That Recommendation introduced a catch limit and a fishing capacity freeze. Those measures should be implemented in Union law.
(25)
At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/6 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Ionian Sea (geographical subareas 19 to 21), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. That Recommendation introduced a catch limit and a fishing capacity freeze. Those measures should be implemented in Union law.
(26)
At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/7 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Levant Sea (geographical subareas 24 to 27), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. That Recommendation introduced a catch limit and a fishing capacity freeze. Those measures should be implemented in Union law.
(27)
At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/3 on a multiannual management plan for the sustainable exploitation of blackspot seabream in the Alboran Sea (geographical subareas 1 to 3), repealing Recommendations GFCM/44/2021/4, GFCM/43/2019/2 and GFCM/41/2017/2. That Recommendation introduced maximum levels of catches for 2023, 2024 and 2025, a maximum number of longlines and handlines authorised and new measures for recreational fisheries. Those measures should be implemented in Union law.
(28)
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 (geographical subarea 29). Recommendation GFCM/43/2019/3 introduced an updated regional TAC and a quota allocation scheme for turbot, as well as further conservation measures, in particular a two-month closure period and a limitation of fishing days to 180 days per year. Those further conservation measures are functionally linked to the fishing opportunities as, without those measures in place, the TAC level for turbot should be reduced to ensure its recovery. Those measures should be implemented in Union law.
(29)
At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/9 on a multiannual management plan for turbot fisheries in the Black Sea (geographical subarea 29), amending Recommendation GFCM/43/2019/3. That Recommendation prolonged the existing TAC for one year. Those measures should be implemented in Union law.
(30)
At its 45th annual meeting in 2022, the GFCM adopted a decision observing that during the year 2021 the Union had underexploited its quota for turbot and approving a carry-over of the unused quota in view of the exceptional situation created by the COVID-19 pandemic. That GFCM decision should be implemented in Union law. The distribution of the fishing opportunities arising from the under-exploitation should be carried out on the basis of the respective contribution of each Member State towards the under-exploitation, without modifying the distribution key established in Regulation (EU) 2022/110 concerning the annual allocation of TACs.
(31)
Based on the scientific advice provided by the GFCM Working group of the Black Sea, the current level of fishing mortality should be maintained 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.
(32)
The use of the fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (4) 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.
(33)
In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishers, this Regulation should apply from 1 January 2023. To facilitate its rapid implementation, this Regulation should enter into force immediately upon its publication.
(34)
In order to promote the use of the selectivity of fishing gear and to establish efficient closure areas to protect juveniles and spawners, Regulation (EU) 2022/110 established a compensation mechanism in relation to the effort regime for trawlers. Based on the experience of the first year of application and in order to ensure the full efficiency of the compensation mechanism, it is necessary to clarify how that mechanism should be implemented, including retroactively from 1 January 2022, when Regulation (EU) 2022/110 entered into force. Regulation (EU) 2022/110 should therefore be amended accordingly. In addition, as scientific advice continues to recommend the further improvement of selectivity of fishing gear and of efficiency of closure areas to protect juvenile fish, that mechanism should continue in 2023. Based on scientific advice for 2023, it is necessary to allocate 3,5 % of fishing days for trawlers, calculated from the baseline between 2015 and 2017.
(35)
The fishing opportunities should be used in full compliance with Union law,
