Explanatory Memorandum to COM(2021)31 - Amendment of Regulation (EU) 2021/XXX as regards certain provisional fishing opportunities for 2021 in Union waters and non-Union waters - Main contents
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| dossier | COM(2021)31 - Amendment of Regulation (EU) 2021/XXX as regards certain provisional fishing opportunities for 2021 in Union waters and ... |
|---|---|
| source | COM(2021)31  |
| date | 25-01-2021 |
1. CONTEXTOFTHE PROPOSAL
• Reasons for and objectives of the proposal
On 15-16 December 2020, the Council reached a political agreement on fishing opportunities for 2021. The Council agreed that provisional TACs for stocks shared with third countries should be set until those consultations are concluded in compliance with the EU legal framework and international obligations or, if they cannot be concluded successfully, until the Council sets unilateral EU TACs in 2021.
The provisional TACs aim to ensure continuation of sustainable EU fishing activities. These provisional fishing opportunities should in no circumstances stand in the way of setting definitive fishing opportunities in accordance with international agreements and the outcome of consultations, the EU legal framework and the scientific advice. As a general approach, they should correspond to 25% of the Union share of the fishing opportunities set for 2020. The Union share of those fishing opportunities was calculated according to the principle of relative stability and The Hague Preferences. This approach is without prejudice to an approach that may be taken in the future international agreements. It was decided that in a very limited number of cases (for some TACs of mackerel, blue whiting and horse mackerel) a different percentage should be used where the stocks are predominantly fished in the beginning of the year.
The monthly catch data of the past years as reported to the Commission indicates that some other pelagic and demersal stocks are predominantly fished in the beginning of the year. Therefore, on the basis of that catch data and in accordance with the scientific advice, a higher percentage corresponding to the Union share of the fishing opportunities set for 2020 should be established for the corresponding TACs, if it is without prejudice to an approach that may be taken in the future international agreements and/or consultations.
The Council on 15-16 December 2020 reached a political agreement on fishing opportunities for 2021. The corresponding Council Regulation is expected to be adopted in mid-January 2021 by written procedure. The publication of that Regulation in the Official Journal usually takes place before the end of January. At this stage it is therefore not possible to include the exact reference to that Council Regulation that will be amended.
• 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 and are consistent with the Union's policy on sustainable development.
• Consistency with other Union policies
The measures proposed are consistent with other Union policies, in particular with the policies in the field of environment.
2. LEGALBASIS, SUBSIDIARITYAND PROPORTIONALITY
• Legal basis
The legal basis of this proposal is Article 43(3) of the Treaty on the Functioning of the European Union.
The Union's obligations for sustainable exploitation of living aquatic resources arise from obligations set out in Article 2 of the basic regulation of the CFP and the relevant multiannual plans.
• Subsidiarity (for non-exclusive competence)
The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of the Treaty. The subsidiarity principle therefore does not apply.
• Proportionality
The proposal complies with the proportionality principle for the following reason: the CFP is a common policy. According to Article 43(3) of the Treaty, it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities.
• Choice of the instrument
Proposed instrument: regulation.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER
ANDIMPACTASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not applicable
• Stakeholder consultations
The Proposal takes into account the feedback from the stakeholders, Advisory Councils, the national administrations, fishermen organisations and non-governmental organisations throughout the year and their feedback is taken into account when setting the fishing opportunities.
• Collection and use of expertise
The Proposal is based on the scientific advice1 of the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF).
Impact
assessment
The scope of the fishing opportunities regulation is circumscribed by Article 43(3) of the Treaty.
• Regulatory fitness and simplification
Not applicable.
• Fundamental rights
Not applicable.
4. BUDGETARYIMPLICATIONS
The proposed measures will have no budgetary implications.
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5.
OTHERELEMENTS
• Detailed explanation of the specific provisions of the proposal
The proposed amendments seek to modify Council Regulation (EU) 2021/XXX2 as explained below. The TACs that Union fishing fleets prodominantly fish in the beginning of the year and for which provisional TACs can be fixed at a higher percentage by applying an exception from a general approach (25% of the TAC fixed for 2020) if it does not prejudge the outcome of international negotiations and/or consultations are listed in the table below:
| TAC | The percentage of the 2020 quotas used as a basis to set a provisional TAC |
| Norway lobster in Porcupine Bank | 55% |
| Sole in 7d (Eastern Channel) | 40% |
| Plaice in 7d and 7e (Channel | 45% |
| Undulate ray in 7d and 7e (Channel) | 60% |
| Whiting in 7b-k (Celtic Sea) | 40% |
| Cod in Norwegian waters of 1 and 2 | 50% |
| Blue whiting TACs | 70% |
| Atlanto-scandian herring (subareas 1 and 2) | 85% |
In order to establish the list of stocks for which a higher percentage should apply instead of 25%, the Commission has based itself on the requests expressed by Member States and analysed the quota uptake of the Member State concerned in the first quarter of the last three years (2018-2020). The Commission then also compared the increased TACs with the potential defnitive TACs. Without prejudice to the upcoming consultations with the third countries, these potential definite TACs have been calculated on the basis of the scientific advice (in cases indicated in the Basic Regulation or the relevant multianual plan – for the MSY, and in other cases – based on the precautionary approach) and taking into account the Union shares established in the EU-UK Trade and Cooperation Agreement (TCA).
On the basis of the analysis of all theses elements, it is concluded that the Member States requests to increase the provisinal TACs are justified, as they are in accordance with both the ICES advise, the applicable EU legal framwork and the TCA. These increases will enable EU fishing vessels to use the fishing opportunities to which they are entitled and of which they would be otherwise deprived, due to the seasonality of fishing of the stocks concerned.
2
COM(2020)668 Proposal for a COUNCIL REGULATION fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain nonUnion waters