Explanatory Memorandum to COM(2020)666 - Fixing for 2021 and 2022 of the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2020)666 - Fixing for 2021 and 2022 of the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks. |
|---|---|
| source | COM(2020)666  |
| date | 22-10-2020 |
1. CONTEXT OF THE PROPOSAL
1.1.Reasons for and objectives of the proposal
Contents
Fishing for deep-sea species has been regulated in the EU since 2003 in terms of total allowable catches (TACs) per species and area, and in terms of maximum fishing capacity deployable in the North-East Atlantic. For 2019 and 2020 the total allowable catches of certain deep-sea species were established in Council Regulation (EU) No 2018/2025 fixing for 2019 and 2020 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks 1 .
The fixing and sharing of fishing opportunities falls exclusively within the competence of the Union. The obligations concerning sustainable exploitation of living aquatic resources are set out in Article 2 of Regulation (EU) No 1380/2013. In particular, Article 2(2) of that Regulation establishes a precautionary approach to fisheries management (as defined in Article 4(1)(8) thereof) and provides that the Common Fisheries Policy shall aim at restoring and maintaining maximum sustainable yield (MSY). Furthermore, in accordance with Article 16 i of that Regulation, fishing opportunities must be fixed in accordance with the objectives of Article 2(2).
However, it also features fishing opportunities resulting from multilateral or bilateral fisheries consultations. The outcome is implemented by providing for internal allocation among Member States based on the principle of relative stability.
The transition period set out in the EU-United Kingdom withdrawal agreement expires at the end of 2020, after the UK has indicated it has no interest in its further extension. The stocks for which the Commission will need to consult with the UK on quota shares for fishing opportunities for 2021 and 2022 are therefore presented as pro memoria, pending the outcome of the ongoing negotiations regarding the cooperation on these stocks, including fishing opportunities, quota shares and access to the UK waters.
For other shared stocks or fishing opportunities exchanged with third countries, the figures are not available yet, pending the conclusion of consultations with those third countries. When these consultations are concluded, the proposal will be supplemented with non-papers.
Furthermore, deep-sea fishing opportunities should be established in accordance with international agreements, inter alia the 1995 United Nations agreement concerning the conservation and management of straddling fish stocks and highly migratory fish stocks ("the 1995 UN Fish Stocks Agreement"). In particular, caution is important when information is uncertain, unreliable or inadequate. Pursuant to Article 6(2) of the 1995 UN Fish Stocks Agreement the absence of adequate scientific information is not to be used as a reason for postponing or failing to take conservation and management measures. The TACs proposed also follow the 2008 International Guidelines for the Management of Deep-sea Fisheries in the High Seas of the Food and Agriculture Organisation of the United Nations, which have been confirmed by successive Resolutions of the UN General Assembly (Resolutions 61/105 in 2007, 64/72 in 2009, and most recently, 70/235 in 2015).
The landing obligation, established by the Basic Regulation of the CFP, was introduced progressively from 2015 to 2019. As from 1 January 2019, all stocks under catch limits are subject to the landing obligation. Certain exceptions from the landing obligation provided for in the Basic Regulation may apply. Based on the joint recommendations submitted by the Member States, the Commission adopted Delegated Regulations laying down specific discard plans, which allow limited quantities of discards to occur on the basis of de minimis or high survivability exemptions.
With the introduction of the landing obligation, and in accordance with Article 16(2) of Regulation (EU) No 1380/2013, the fishing opportunities proposed have to reflect the change from amount landed to amount caught, taking into account that discards are no longer allowed. This is done on the basis of the received scientific advice for the fish stocks in fisheries referred to in Article 15(1) of the Basic Regulation of the CFP. The fishing opportunities should also be fixed in accordance with other relevant provisions, i.e. Articles 16(1) (referring to the principle of relative stability) and 16 i (referring to the objectives of the Common Fisheries Policy and the rules provided for in multiannual plans).
Therefore, to take account of the full application of the landing obligation, the Commission proposes TACs on the basis of catch advice instead of previously used landings advice. The proposed Union quotas take account of the fact that certain limited discards based on established exemptions will occur, and thus will not be landed and counted against the quotas. Therefore, these amounts are deducted from the Union quotas.
The existing provisions in the area of the proposal are established in Council Regulation (EU) No 2018/2025 and applicable until 31 December 2020. Furthermore specific conditions for fishing deep-sea stocks in the North-East Atlantic are established in Regulation (EU) No 2016/2336 of the European Parliament and the Council.
The Western Waters Management Plan (Regulation (EU) 2019/472), which covers some of the stocks subject to this regulation, applies to:
–Roundnose grenadier in ICES subarea 6, 7 and 5b,
–Black scabbardfish in ICES subarea 1, 2, 4, 6-8, 10, 14, and divisions 3a, 5a, 5b, 9a and 12b, and
–Red seabream in ICES subarea 9
The measures proposed are designed in accordance with the objectives and the rules of the Common Fisheries Policy and are consistent with the Union's policy on sustainable development, in particular Regulation (EU) No 2016/2336, establishing specific conditions for fishing for deep-sea stocks in the North-East Atlantic.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
2.1.•Legal basis
The TFEU establishes under Article 43(3) that the Council shall adopt measures 'on the fixing and allocation of fishing opportunities' on a proposal from the Commission. This proposal is limited to the fixing and allocation of fishing opportunities and conditions functionally linked to the use of those fishing opportunities.
Therefore, this proposal puts forward, by way of a Council Regulation the catch limitations for Union fishing fleets concerning the commercially most important deep-sea species in Union and international waters of the North-East Atlantic, in order to achieve the objective of the Common Fisheries Policy of ensuring fisheries at levels that are environmentally, economically and socially sustainable. The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply.
2.2.Proportionality
The proposal complies with the proportionality principle for the following reason: the Common Fisheries Policy 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.
Having regard to Article 16(6) of Regulation (EU) No 1380/2013 Member States are free to allocate fishing opportunities, when they are not subject to a system of transferable fishing concessions, among regions or operators in line with Article 16(7) and the criteria set out in Article 17. Therefore, Member States have room for manoeuvre on decisions related to the social/economic model of their choice to exploit their allocated fishing opportunities.
3. RESULTS OF STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
3.1.Stakeholder consultations
The proposal has been developed based on the principles and guidance set out in the Communication from the Commission towards more sustainable fishing in the EU: state of play and orientations for 2021 2 . In the context of that Communication the Commission carried out a wide consultation of stakeholders, civil society, Member States and the public at large 3 .
4. BUDGETARY IMPLICATIONS
The proposal has no new financial implications for Member States. This Regulation is adopted by Council every two years, and the public and private means to implement it are already in place.
5. OTHER ELEMENTS
5.1.Detailed explanation of the specific provisions of the proposal
In all stocks covered in this proposal available information does not allow scientists to fully assess the stock status, neither in terms of population size nor fishing mortality. There are several reasons for this: these species are often very long-lived and slow-growing, making it extremely difficult to structure the stock into age classes and to assess the effect of fishing on the stock through changes in the length or age structure of catches. The frequency of recruitment of young fish to the stocks is not known. The stocks are widely distributed in depths that are difficult to examine for practical reasons. Data from scientific surveys are often not available due to the reduced commercial importance of these stocks, or do not cover the whole distribution area. Fishing activities are sometimes only partly focusing on these species and some fisheries have a relatively short history.
The catch limits proposed are coherent with the principles set out in the Communication from the Commission concerning a Consultation on Fishing Opportunities for 2021 mentioned above. This Communication sets out the Commission's views on how to establish fishing opportunities, and such rules have been followed in the development of this proposal in respect of the TAC entries. The proposal contains the following:
·Taking into account, where relevant, the landing obligation.
·Where indicative scientific advice is provided based on qualitative analysis of available information (even if this is incomplete or incorporates expert judgement) this should be used as a basis for TAC decisions. TACs for stocs share with third countries should be set in 'pm' (pro memoria) until the fishing opportunities with the relevant third countries are agreed. The proposal contains three TACs with reductions for 2021 and a roll over for 2022. One TAC is a delegated TAC to Portugal.
·Given the bad biological state of the stocks of deep-sea sharks, they should remain prohibited.
·The fishing, retaining on board, transhipping and landing of orange roughy should remain prohibited. The stock is depleted and is not recovering. ICES notes that there have been no directed EU fisheries in the Northeast Atlantic since 2010.
5.2.The levels of proposed TACs and explanation
When the Western Waters Multiannual Plan was adopted, the Commission made a statement that, where the Commission proposes setting TACs that deviate by more than 20% from the previously established TAC level, these cases will be listed in the explanatory memorandum of the Commission Proposal, providing, where appropriate, the underlying reasons for the TAC variations. The Commission has decided to provide such overview for all TACs included in its proposal.
·
| TAC | Sea Area Name | Proposed TAC for 2021 | Proposed TAC for 2022 | Proposal TAC change from 2020 | Explanation |
| Black scabbardfish in Union and international waters of 8, 9, 10 | Bay of Biscay, Portuguese Waters, Azores Grounds | 2113 | 2113 | -25% | The Commission proposes to decrease the TAC in line with the scientific advice. However the proposal for subarea 10 was reduced to only 29 t instead of 280 as advised by ICES to reflect 2019 uptake. |
| Roundnose Grenadier in 3 | Skagerrak and Kattegat | 5 | 5 | -90% | This is a by-catch TAC with a 0 catch advice. The Commission proposes to reduce the by-catch quota to follow direction of the scientific advice, as the risk of creating a choke effect is lower than previously considered. |