Considerations on COM(2023)114 - Fixing the 2023 fishing opportunities for certain fish stocks, applicable in Union waters, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks - Main contents
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| dossier | COM(2023)114 - Fixing the 2023 fishing opportunities for certain fish stocks, applicable in Union waters, for Union fishing vessels, in ... |
|---|---|
| document | COM(2023)114  |
| date | March 31, 2023 |
(2) Regulation (EU) 2023/194 sets a provisional TAC for anchovy (Engraulis encrasicolus) in ICES subarea 8 for the period from 1 January 2023 to 30 June 2023, pending the availability of the scientific advice for that stock for 2023. The International Council for the Exploration of the Sea (ICES) published its scientific advice 7 for that stock for 2023 on 16 December 2022. The definitive TAC for that stock for 2023 should be set in line with that advice.
(3) Regulation (EU) 2023/194 provisionally sets at zero the TAC for sandeel and associated by-catches (Ammodytes spp.) in United Kingdom and Union waters of ICES subarea 4, United Kingdom waters of ICES division 2a and Union waters of division 3a, pending publication of the scientific advice for that stock for 2023 by ICES. The definitive TAC for that stock for 2023 should be set following the publication of the scientific advice and in line with the formal outcome of the subsequent bilateral consultations between the Union and the United Kingdom on the level of the TAC for that stock pursuant to Article 498(2), (4) and (6) of the Trade and Cooperation Agreement (TCA) 8 .
(4) Regulation (EU) 2023/194 sets provisional TACs for Northern prawn (Pandalus borealis) and whiting (Merlangius merlangus) in ICES division 3a for the period 1 January 2023 to 31 March 2023, pending the formal outcome of bilateral consultations between the Union and Norway. The definitive TACs for those stocks should be set before the expiry of the provisional TACs on 31 March 2023. Those TACs should be set in line with the formal outcome of the bilateral consultations between the Union and Norway.
(5) Regulation (EU) 2023/194 sets provisional Union quotas for Greenland halibut (Reinhardtius hippoglossoides) in international waters of ICES subareas 1 and 2 and for cod (Gadus morhua) in Svalbard waters and international waters of ICES subarea 1 and ICES division 2b for the period 1 January 2023 to 31 March 2023. The Union quotas for those stocks for 2023 should be set before the expiry of the provisional Union quotas on 31 March 2023. The Union quotas for those stocks for 2023 should be set in line with the outcome of bilateral discussions on the implementation of the Union-Norway political understanding in relation to fisheries in ICES areas 1 and 2. The EU quota for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b should be allocated to the Member States in accordance with Council Decision 87/277/EEC 9 subject to the adaptations necessary due to the withdrawal of the United Kingdom from the Union 10 .
(6) In Regulation (EU) 2023/194, TACs in the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention area are marked to be established and current measures functionally linked to the TACs are provisionally maintained, pending the outcome of the 2023 annual meeting of the SPRFMO held from 6 to 15 February 2023. Those TACs should be set and the measures functionally to the TACs should be amended in line with the outcome of the SPRFMO 2023 annual meeting.
(7) Fishing effort limits for Union vessels fishing for bluefin tuna (Thunnus thynnus) in the International Commission for the Conservation of Atlantic Tunas (ICCAT) Convention area and maximum input and capacity for Union farms of bluefin tuna in that area are based on information provided in the annual fishing plans, the annual fishing capacity management plans and the annual farming management plans for bluefin tuna of Member States. Member States transmit those plans to the Commission by 31 January each year, pursuant to Article 6(1) of Regulation (EU) 2016/1627 of the European Parliament and of the Council 11 . The fishing effort limits and maximum farming input and capacity are then reported by the Commission to the ICCAT Secretariat, through the Union fishing and capacity management plan, for discussion and approval by ICCAT pursuant to Article 6(2) of Regulation (EU) 2016/1627. The Union fishing effort limits and Union maximum framing input and capacity for 2023 should be set in line with the Union plan approved by ICCAT.
(8) Regulation (EU) 2023/194 should therefore be amended accordingly.
(9) The fishing opportunities provided for in Regulation (EU) 2023/194 apply from 1 January 2023. The provisions introduced by this Regulation concerning fishing opportunities should therefore also apply from 1 January 2023. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the fishing opportunities concerned are increased. Given the urgency to avoid interruptions of fishing activities, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,