Explanatory Memorandum to COM(2023)492 - Fixing of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2024 and amending Regulation (EU) 2023/194 as regards certain fishing opportunities in other waters - Main contents
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| dossier | COM(2023)492 - Fixing of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2024 ... |
|---|---|
| source | COM(2023)492  |
| date | 28-08-2023 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
In line with Regulation (EU) No 1380/2013 of the European Parliament and of the Council 1 on the common fisheries policy (the ‘CFP Basic Regulation’), living marine biological resources must be exploited in a way that restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield (MSY). An important tool for ensuring this is the annual fixing of fishing opportunities in the form of total allowable catches (TACs) and quotas.
Regulation (EU) 2016/1139 of the European Parliament and of the Council 2 laying down the multiannual plan (MAP) for the Baltic Sea further specifies target ranges for fishing mortality. These ranges are used in this proposal to reach the objectives of the common fisheries policy (CFP) and in particular to reach and maintain MSY.
This proposal aims to fix Member States’ fishing opportunities for 2024 for the most commercially significant fish stocks in the Baltic Sea. This proposal also aims to regulate marine recreational fisheries to the extent required to conserve the fish stocks covered by this Regulation. To simplify and clarify the annual TAC and quota decisions, fishing opportunities in the Baltic Sea have been fixed by a separate regulation since 2006.
• Consistency with existing policy provisions in the policy area
The proposal sets TACs and quotas at levels consistent with the objectives of the CFP Basic Regulation.
• Consistency with other Union policies
The proposal is consistent with other Union policies, in particular with the policies in the field of the environment.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis for the 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. Therefore, the subsidiarity principle does not apply.
• Proportionality
The proposal allocates fishing opportunities to Member States according to the objectives of the CFP Basic Regulation and the Baltic MAP. Under Article 16(6), Article 16(7) and Article 17 of the CFP Basic Regulation, Member States are to decide how the fishing opportunities allocated to them are allocated to fishing vessels flying their flag according to certain criteria set out in those Articles. Therefore, Member States can exercise the necessary margin of discretion while distributing the allocated TACs, in line with their preferred social/economic model for using their allocated fishing opportunities covered by the proposal.
• Choice of instrument
A regulation is considered the most appropriate instrument as it makes it possible to set requirements that apply directly to Member States and relevant businesses. This will help ensure that the requirements are implemented in a timely and harmonised way, leading to greater legal certainty.
3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Stakeholder consultations
The Commission consulted stakeholders, in particular through the Baltic Sea Advisory Council, on the basis of its Communication Sustainable fishing in the EU: state of play and orientations for 2024 (COM(2023) 303 final). The International Council for the Exploration of the Sea (ICES) provided the scientific basis for the proposal. The preliminary views expressed by consulted stakeholders on all fish stocks concerned were taken into account as much as possible without contradicting current policies or causing any deterioration in the state of vulnerable resources.
Scientific advice on catch limitations and on the status of stocks was also discussed with Member States at the BALTFISH regional forum in June 2023.
• Collection and use of expertise
The Commission consulted ICES on the methodology to be used. ICES scientific advice is based on an advice framework developed by its expert groups and decision-making bodies and issued in line with its framework partnership agreement with the Commission.
The Union seeks scientific advice on the state of important fish stocks from ICES each year. The advice received covers all Baltic stocks and TACs are proposed for the commercially most significant stocks 3 .
• Impact assessment
The proposal is part of a long-term approach where fishing is adjusted to – and maintained at – sustainable long-term levels. Over time, this approach is expected to result in: (i) stable fishing pressure; (ii) higher quotas; and therefore (iii) improved incomes for fishers and their families. Increased landings are expected to benefit: the fishing industry; consumers; the processing and retail industry; and the rest of the industry linked to commercial and recreational fishing. In this context, the link between sustainable fisheries and a healthy marine environment in the Baltic Sea needs to be stressed, in line with the biodiversity strategy and other related initiatives, notably the EU action plan for marine ecosystems and fisheries 4 .
This proposal seeks to avoid short-term approaches in favour of long-term sustainability. It therefore takes account of initiatives by stakeholders and Advisory Councils if they have been positively reviewed by ICES and/or the Scientific, Technical and Economic Committee for Fisheries (STECF). The Commission’s CFP reform proposal was based on an impact assessment (SEC(2011) 891) that considered that while achieving the MSY objective was a necessary condition for environmental, economic and social sustainability, those three objectives cannot be achieved in isolation.
Until 2019, decisions on Baltic Sea fishing opportunities succeeded in bringing fishing mortality for all stocks with MSY advice in line with the MSY ranges at the moment of TAC setting, except for western Baltic herring. These decisions also seemed to succeed in rebuilding stocks and rebalancing fishing capacity and fishing opportunities. However, in 2019, it became apparent that eastern Baltic cod has been under severe pressure. Since then, ICES estimates have suggested that this stock will most probably remain depleted in the years to come. In 2021 it became apparent that the western Baltic cod stock has also been below safe biological limits (i.e. below the so-called Blim reference point) for many years, and ICES underlined that several salmon populations are also very weak. While until 2020, ICES estimated that the biomass of central Baltic herring was below healthy levels (i.e. below the so-called Btrigger reference point), ICES now estimates that the biomass has actually been around Blim since the mid-1990s and below Blim for several years. Finally, while until 2022, ICES estimated that Bothnian herring had come very close to the Btrigger limit, ICES now estimates that the stock has been below that limit since 2021. Therefore, further progress is still needed to reach and maintain MSY for all Baltic Sea stocks.
ICES published its pieces of scientific advice for the various Baltic stocks on 31 May 2023. ICES estimates that the biomass of western Baltic herring and of eastern and western Baltic cod is still below Blim. The biomass of central Baltic herring is now also below Blim, and Bothnian herring below Btrigger. Eastern and western Baltic cod and salmon in the Gulf of Finland receive precautionary advice. The remaining seven stocks have received the following MSY advice:
·sprat, herring in the Gulf of Riga, and plaice are above Btrigger;
·herring in the Gulf of Bothnia has fallen below Btrigger;
·western and central Baltic herring are below Blim;
·the various salmon populations in the main basin remain in highly varied conditions (between below Rlim and above RMSY).
Taking the above into account, it is proposed to maintain the approach taken for salmon in the main basin while decreasing the TAC by 15% compared to 2023. The proposal would increase the fishing opportunities for salmon in the Gulf of Finland by 7% compared to 2023. The proposal would decrease the fishing opportunities for herring in the Gulf of Riga by 20% compared to 2023. For the other stocks, the Commission has asked ICES to provide further information about inter-species relations and unavoidable by-catches. The Commission will update its proposal once it has received the information from ICES.
Therefore, the economic impact of the proposal for 2024 cannot be estimated at this stage, although there will be a reduction in fishing opportunities for all Member States.
• Regulatory fitness and simplification
The proposal remains flexible in the application of quota-exchange mechanisms already laid down by regulations on fishing opportunities in the Baltic Sea in previous years. There are no new rules or new administrative procedures proposed for (Union or national) public authorities that could increase administrative burden.
The proposal concerns an annual regulation that applies to 2024 and therefore does not include a revision clause.
4. BUDGETARY IMPLICATIONS
The proposal has no implications for the Union budget.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation, and reporting arrangements
Monitoring of the use of fishing opportunities in the form of TACs and quotas was put in place by Council Regulation (EC) No 1224/2009 5 .
• Detailed explanation of the specific provisions of the proposal
The proposal fixes fishing opportunities for certain stocks or groups of stocks for fishing in the Baltic Sea for 2024.
To set Union quotas for stocks shared with the Russian Federation, the respective quantities of these stocks were deducted from the catches advised by ICES. The TACs and quotas allocated to Member States are set out in the Annex to the proposal.
For eastern Baltic cod, ICES remains unable to determine the values of the FMSY ranges. Therefore, it again issued precautionary advice for 2024. For the fifth year in a row, ICES advises to allow zero catches of eastern Baltic cod. ICES estimates that the stock size is only 71% of Blim in 2023 and that it will remain below this level in the medium term, even with no fishing at all. Moreover, ICES estimates that recruitment continues to be low. Given the depleted stock situation, severe measures have been adopted since 2019. The targeted fishery for eastern Baltic cod has been closed except for purely scientific fisheries, and the TAC is limited to unavoidable by-catches to avoid choking most of the other fisheries in the Baltic Sea. Further remedial measures functionally linked to the fishing opportunities have been adopted since 2019 in the form of a spawning closure covering the peak spawning period and the potential areas of spawning and spawning migration. Exceptions to the spawning closure were adopted for purely scientific fisheries, certain small-scale coastal fisheries using passive gears, and certain herring fisheries for human consumption. Moreover, recreational fishing has been banned in the main distribution area since 2020, because the quantities caught would be substantial when compared to the by-catch TAC. Given that these remedial measures have not yet had the time to result in an improved stock status, the Commission proposes, in accordance with Article 16 i of the CFP Basic Regulation, to maintain them while to discontinue the exception for certain herring fisheries from the spawning closure period because the targeted central herring fishery will be closed. Regarding the TAC level, the Commission is awaiting information from ICES about the level of unavoidable by-catches of eastern Baltic cod in other fisheries. That information is necessary because the currently available information is from 2020 and the circumstance of the fisheries have changed since then, notably the extraordinarily high recruitment of plaice in recent years.
The ICES advice for western Baltic cod has contained significant uncertainties for several years. In its advice for 2021, ICES indicated that the stock had been below Blim for most of the previous 10 years. As a result, since 2021, the Council has decided to close the targeted fishery except for purely scientific fisheries, and to limit the TAC to unavoidable by-catches to avoid choking other fisheries. The Council also maintained or strengthened other pre-existing remedial measures functionally linked to the fishing opportunities. In particular, the Council maintained the spawning closure covering the peak spawning period and the potential spawning areas, with exceptions for: (i) purely scientific fisheries; (ii) certain small-scale coastal fisheries using passive gears; (iii) certain herring fisheries for human consumption; and (iv) fishing for bivalve molluscs in certain shallow waters. Moreover, the Council has extended the spawning closure period to cover recreational angling. Outside of the spawning closure period, the Council reduced the bag limit for recreational angling to one fish per angler per day. Because the uncertainties persist, ICES decided to downgrade its advice for 2024 to category 3 precautionary advice and to reduce the level of advised total catches of western Baltic cod by -97%. ICES has stated that the stock biomass has been below Blim for most of the last 15 years and was at a historic low in 2022. Although it has increased slightly since 2022, it remains far below Blim. Given the low catch advice, the Commission proposes, in accordance with Article 16 i of the CFP Basic Regulation, to discontinue recreational angling, to keep the targeted fisheries closed, to maintain the spawning closures and to discontinue the exception for certain herring fisheries because the targeted western and central herring fisheries will be closed. Regarding the TAC level, the Commission is awaiting information from ICES about the level of unavoidable by-catches of western Baltic cod in other fisheries, notably the flatfish fisheries.
Since at least the 1990s, ICES has stated that the status of salmon river stocks in the Baltic Sea area is heterogeneous, with some salmon river stocks healthy but others very weak. Following a benchmarking study, ICES stated in its advice for 2022 for the first time that all commercial and recreational salmon catches in the main basin, which are inherently mixed fisheries catching salmon from both healthy and weak river stocks, should be stopped to protect the weak river stocks. However, ICES at the same time also considered that continuing the existing targeted fishery in the coastal areas of the Gulf of Bothnia and the Åland Sea (ICES subdivisions 29N, 30 and 31) during the salmon summer migration would still be possible. Therefore, since 2021, the Council decided to close the targeted salmon fishery in the main basin and to set a by-catch TAC for unavoidable by-catches, with an exemption for purely scientific fisheries, while keeping the targeted salmon fishery open during the summer period in those northern coastal areas. Since 2021, the Council has also adopted further remedial measures functionally linked to the fishing opportunities and has prohibited fishing with longlines beyond four nautical miles measured from the baselines. Moreover, since 2021, the Council has decided that, in recreational fisheries, a daily bag limit of one fin-clipped salmon per angler applies where and when the targeted commercial fishery is closed, and catch-and-release techniques are prohibited. In its advice for 2024, ICES reiterates that all commercial and recreational salmon catches in the main basin should be stopped to protect the weak river stock while some targeted salmon fisheries could continue under certain conditions. However, because one salmon river stock in the Bothnian Sea (ICES subdivision 30) is below the relevant reference point, ICES considers that the targeted fishery in coastal areas during the summer migration months is only possible in the Bothnia Bay (ICES subdivision 31) and that the level of total catches should be decreased accordingly. On this basis, and in accordance with Article 16 i of the CFP Basic Regulation, the Commission proposes to: (i) limit the targeted fisheries to the Bothnian Bay; (ii) adjust the TAC to the level advised by ICES; and (iii) maintain the current remedial measures.
ICES issued precautionary advice for 2024 for salmon in the Gulf of Finland. On that basis, the Commission proposes a TAC in accordance with Article 16 i of the CFP Basic Regulation. The Commission also proposes to maintain: (i) the limited inter-area flexibility between the two salmon TACs; (ii) the prohibition to fish for sea trout beyond four nautical miles; and (iii) the prohibition to use longlines to fish for sea trout or salmon beyond four nautical miles.
The assessment of herring in the Gulf of Bothnia has been uncertain in recent years. In its advice for 2023, ICES downsized its estimate of the stock’s biomass and estimated that it had fallen to a level just above Btrigger. ICES indicated that this development was likely due to the shrinking size of herring, a phenomenon already observed for some time by certain coastal fishers. In its advice for 2024, ICES downsized the stock’s biomass further and it is now below Btrigger. Furthermore, even with no catches at all the probability of the stock falling below Blim in 2025 is 9%. On this basis, the Commission proposes to close the targeted fishery in accordance with Article 4(6) of the Baltic MAP. Regarding the TAC level, the Commission is awaiting information from ICES about the level of unavoidable by-catches of Bothnian herring in other fisheries, notably the sprat fishery.
For western Baltic herring, the stock size estimated by ICES in its advice for 2024 is only 71% of Blim in 2023. ICES also estimates that the biomass will remain below Blim at least until 2025 even with no fishing at all. Recruitment has been historically low for many years. As none of the catch scenarios would bring the biomass of western Baltic herring above Blim in the near future, ICES reiterates, for the sixth year in a row, its advice to allow zero catches. Since 2021, the Council has decided to close the targeted fishery except for purely scientific fisheries and small-scale coastal fisheries, and to set a TAC for unavoidable by-catches to avoid choking other fisheries. Given that these remedial measures have not yet had time to result in an improved stock status, the Commission proposes, in accordance with Article 4(6) of the Baltic MAP, to keep the targeted fishery closed and discontinue the exemption for small-scale coastal fisheries. Regarding the TAC level, the Commission is awaiting further information from ICES about the level of unavoidable by-catches of western Baltic herring in other fisheries. That information is necessary because the small-scale fisheries have to be closed and the currently available information seems insufficient to propose an appropriate TAC.
The status of the biomass of central Baltic herring has been uncertain in recent years. ICES therefore undertook a benchmarking study in 2023. ICES now estimates that the has been below Blim for most of the past 30 years, including in recent years. Even with no catches at all the probability of the stock staying below Blim in 2025 is 22%. Therefore, the Commission proposes to close the targeted fishery in accordance with Article 4(6) of the Baltic MAP. Regarding the TAC level, the Commission is awaiting information from ICES about the level of unavoidable by-catches of central Baltic herring in other fisheries, notably the sprat fishery.
Like in previous years, the ICES advice for 2024 for herring in the Gulf of Riga indicates that some central Baltic herring migrates from the main basin into the Gulf of Riga and that some Gulf of Riga herring migrates out of the Gulf of Riga into the main basin. Moreover, like in previous years, ICES suggests to add/deduct these migrating herring to/from the TAC for herring in the Gulf of Riga. For 2024, however, the Commission considers that, given that the central Baltic herring stock is below Blim and that catches of central Baltic herring should therefore be reduced as much as possible, it would not be appropriate to add catches of central Baltic herring to the TAC for herring in the Gulf of Riga. By contrast, the Commission considers that it is appropriate to continue to deduct the amount of Gulf of Riga herring migrating out of the Gulf of Riga since that herring is no longer present in the Gulf of Riga. The resulting FMSY point value for the TAC for herring in the Gulf of Riga represents a decrease of -23%. On that basis, and since the stock is above Btrigger, the Commission proposes to set the TAC in the upper range in accordance with Article 4(5)(c) of the Baltic MAP so as to limit the TAC decrease to -20%.
The TAC for plaice is a combination of: (i) the MSY advice for the stock in subdivisions 21, 22 and 23; and (ii) the MSY advice for the stock in subdivisions 24 to 32, which ICES upgraded to ICES data category 2 MSY advice in 2022. According to the ICES advice for 2024, both stocks experienced extraordinary recruitment in 2019-2021. Moreover, total landings have substantially decreased and discards have increased. Furthermore, multispecies interactions should be taken into account, given that cod is an unavoidable by-catch in plaice fisheries, and by-catch levels can be significant, particularly as long as more selective fishing gears are not used. Regarding the TAC level, the Commission is awaiting information from ICES about the level of unavoidable by-catches of cod in the plaice fisheries.
According to the ICES advice for 2024, the biomass of sprat is above Btrigger, although previous fishing pressure has been above FMSY and recruitment has been historically low in 2021 and 2022. Regarding the TAC level, the Commission is awaiting information from ICES about the level of unavoidable by-catches of the different herring stocks in the sprat fisheries.
Council Regulation (EC) No 847/96 lays down further conditions for year-to-year management of TACs including, under its Articles 3 and 4, flexibility provisions for stocks subject to precautionary and analytical TACs, respectively. Its Article 2 stipulates that when fixing the TACs, the Council must decide to which stocks Articles 3 and 4 should not apply, in particular based on the biological status of the stocks. Article 15(9) of the CFP Basic Regulation also lays down a year-to-year flexibility mechanism for all stocks that are subject to the landing obligation. Therefore, to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources and make it difficult to achieve the CFP objectives, it should be clarified that Articles 3 and 4 of Regulation (EC) No 847/96 only apply where Member States do not use the year-to-year flexibility provided for in Article 15(9) of the CFP Basic Regulation.
The Commission also proposes to amend Council Regulation (EU) 2023/194 to set a TAC for Norway pout, for which the fishing year starts on 1 November 2023. The TAC level is marked as ‘pm’ (pro memoria) pending the publication of the ICES advice expected on 9 October 2023 and the consultations with the United Kingdom.