Explanatory Memorandum to COM(2019)453 - Fixing for 2020 of the fishing opportunities for certain fish stocks and groups of fish stocks in the Mediterranean and Black Seas - Main contents
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| dossier | COM(2019)453 - Fixing for 2020 of the fishing opportunities for certain fish stocks and groups of fish stocks in the Mediterranean and ... |
|---|---|
| source | COM(2019)453  |
| date | 08-10-2019 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy 1 (“the CFP Basic Regulation”) seeks to ensure that living aquatic resources are exploited under sustainable economic, environmental and social conditions. One important tool in this respect is the annual fixing of fishing opportunities. All fishing opportunities Regulations must limit the harvesting of fish stocks to levels which must be consistent with the overall objectives of the Common Fisheries Policy (CFP).
The objective of this proposal is to fix the fishing opportunities for certain stocks and groups of stocks in the Mediterranean and the Black Seas.
Following the adoption and entry into force of the Multiannual Plan for demersal stocks in the western Mediterranean Sea 2 , this proposal establishes the fishing opportunities, expressed in terms of maximum allowable fishing effort, for the concerned Member States in that region (Spain, France and Italy).
This proposal also fixes fishing opportunities from agreements reached in the framework of the General Fisheries Commission for the Mediterranean (GFCM), a regional fisheries management organisation competent for the conservation and management of living marine resources in the Mediterranean and the Black Seas. The European Union is a member of the GFCM, together with Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Romania, Slovenia and Spain. Measures adopted in the framework of the GFCM are binding upon its members.
Finally, as regards the Black Sea, this proposal establishes an autonomous quota for sprat in order to maintain the current level of fishing mortality. For turbot, the proposal transposes the TAC and quotas established by the GFCM.
The ultimate objective is to bring and maintain stocks to levels that can deliver Maximum Sustainable Yield (MSY). This objective has been incorporated expressly in the CFP Basic Regulation, whose Article 2(2) states that this objective “shall be achieved by 2015 where possible, and […] by 2020 for all stocks”. This reflects the commitment undertaken by the Union regarding the conclusions of the 2002 World Summit on Sustainable Development in Johannesburg and its related Plan of Implementation. On the other hand, in light of the proximity of the 2020 deadline and the very significant reductions of fishing effort that it would entail, the provisions of the multiannual plan for demersal stocks in the western Mediterranean Sea are intended to achieve fishing mortality at Maximum Sustainable Yield (MSY) on a progressive, incremental basis by 2020 where possible, and by 1 January 2025 at the latest.
While this is the first time that a stand-alone fishing opportunities Regulation for both the Mediterranean and the Black Seas is proposed, the fishing opportunities exercise represents an annual management cycle. Indeed, fishing opportunities have been adopted in previous years as regards the Black Sea 3 and the GFCM agreement area 4 . For 2020, fishing opportunities must also be established for demersal stocks in the western Mediterranean Sea following the adoption and entry into force of the Multiannual Plan.
• Consistency with existing policy provisions in the policy area
The measures proposed are designed in accordance with the objectives and the rules of the Common Fisheries Policy.
• Consistency with other Union policies
The measures proposed are consistent with the Union’s policy on sustainable development.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis of this proposal is Article 43(3) of the Treaty on the Functioning of the European Union (TFEU).
• Subsidiarity (for non-exclusive competence)
The proposal falls under the Union’s exclusive competence as referred to in Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply.
• Proportionality
The proposal complies with the proportionality principle for the following reasons: the CFP is a common policy. According to Article 43(3) TFEU, it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities.
The proposed Council Regulation allocates fishing opportunities to Member States. Having regard to Articles 16 and 17 of the CFP Basic Regulation, Member States are free to allocate such opportunities among vessels flying their flag as they see fit. Therefore, Member States have ample room for manoeuvre on decisions related to the social and economic models of their choice to exploit their allocated fishing opportunities.
The proposal has no new financial implications for Member States.
• Choice of instrument
The proposed instrument is a Council Regulation.
This is a proposal for fisheries management on the basis of Article 43(3) TFEU and in accordance with Article 16 of Regulation (EU) No 1380/2013.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not applicable.
• Stakeholder consultations
Interested parties were consulted via the Communication from the Commission to the European Parliament and the Council on the State of Play of the Common Fisheries Policy and Consultation on the Fishing Opportunities for 2020 5 .
• Collection and use of expertise
The assessment of the state of stocks in the Mediterranean and the Black Seas is based on the most recent work by the Scientific, Technical and Economic Committee for Fisheries (STECF), the GFCM Scientific Advisory Committee on Fisheries (SAC) and the GFCM Working Group on the Black Sea (WGBS).
• Impact assessment
The scope of the fishing opportunities regulation is circumscribed by Article 43(3) TFEU.
The Commission’s proposal for the CFP Basic Regulation and for the multiannual plan for demersal fisheries in the western Mediterranean were duly developed on the basis of impact assessments 6 . One of the main instruments of the CFP Basic Regulation to achieve the objectives set out in Article 2 of that Regulation is the fixing of fishing opportunities. As regards the multiannual plan, it introduced a fishing effort regime to tackle the problem of overfishing in the western Mediterranean demersal fisheries.
Regarding the fishing opportunities established by the GFCM both in the Mediterranean and in the Black Seas, this proposal essentially implements internationally agreed measures. Any elements relevant to assessing possible impacts of the fishing opportunities are dealt with in the preparation and conduct phase of international negotiations in the framework of which the Union’s fishing opportunities are agreed with third parties.
The proposal reflects not only short-term concerns but also a longer approach whereby the level of fishing is gradually adapted to long-term sustainable levels.
• Regulatory fitness and simplification
Not applicable.
• Fundamental rights
Not applicable.
4. BUDGETARY IMPLICATIONS
The proposal has no budgetary implications.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
This proposal will be implemented in accordance with the existing Common Fisheries Policy rules. Monitoring and compliance will be ensured according to the rules of Council Regulation (EC) No 1224/2009.
• Detailed explanation of the specific provisions of the proposal
The proposal fixes for 2020 the fishing opportunities for Member States for certain stocks or groups of stocks in the Mediterranean and the Black Seas. The fishing opportunities include in particular:
1. a fishing effort regime for trawl vessels exploiting demersal stocks in the western Mediterranean Sea. The new multiannual plan for demersal fisheries in the western Mediterranean entered into force on 16 July 2019. Under the provisions of this plan, each year the Council is to set a maximum allowable fishing effort for each fishing effort group by Member State and for the stock groups defined in Annex I of the plan. For the first year of implementation of the plan, the maximum allowable fishing effort is to be reduced by 10% compared to the baseline (from 1 January 2015 to 31 December 2017), calculated by each Member State for each fishing effort group or geographical subarea;
2. measures adopted by the GFCM and applicable in the Mediterranean Sea. These measures include: a closure period for European eel in the entire Mediterranean Sea (GSAs 1 to 27) and catch and effort limits for small pelagic stocks in the Adriatic Sea (GSAs 17 and 18). These measures were adopted at the 2018 GFCM annual session. In addition, the proposal includes fishing effort limits for demersal stocks in the Adriatic Sea (GSAs 17 and 18) to be adopted at the 2019 GFCM annual session to be held from 4 to 8 November 2019. As such measures are pending because the GFCM annual meeting has not yet taken place, they are marked as “pm” (pro memoria) in this proposal. They will be updated once adopted by the GFCM;
3. fishing opportunities in the Black Sea. They include: a) an autonomous quota for sprat based on scientific advice according to which it is necessary to maintain the current level of fishing mortality to ensure the sustainability of the stock; b) the total allowable catch (TAC) and quota allocation for turbot in the framework of a new multiannual management plan for turbot fisheries to be adopted at the GFCM 2019 annual session. The TAC and quotas for turbot are marked as “pm” in the proposal, pending adoption by the GFCM.