Explanatory Memorandum to COM(2023)587 - Fixing for 2024, 2025 and 2026 of the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2023/194 as regards deep-sea stocks - Main contents
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| dossier | COM(2023)587 - Fixing for 2024, 2025 and 2026 of the fishing opportunities for certain fish stocks, applicable in Union waters and, for ... |
|---|---|
| source | COM(2023)587  |
| date | 25-10-2023 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
All fishing opportunities regulations must limit the harvesting of fish stocks to levels that are consistent with the overall objectives of the common fisheries policy (CFP). Regulation (EU) No 1380/2013 1 of the European Parliament and of the Council on the Common Fisheries Policy (Basic Regulation) sets out objectives for catch and fishing effort limits to ensure that EU fisheries are ecologically, economically and socially sustainable. The European Parliament and the Council have adopted Regulation (EU) 2018/973 2 and Regulation (EU) 2019/472 3 establishing multiannual plans (MAPs) for the North Sea and for the Western Waters specifying for certain stocks how to to reach those objectives when fixing catch limits.
The fishing opportunities are to be set for most stocks every year and for certain stocks every two to three years.
Some of the fishing opportunities are to be established by the EU, while some are to be established following multilateral or bilateral consultations with non-EU countries. Both the fishing opportunities established by the EU and the fishing opportunities established following multilateral or bilateral consultations are allocated among the Member States in accordance with the principle of relative stability.
This proposal aims to fix fishing opportunities for certain:
–stocks for which the fishing opportunities are established by the EU;
–stocks that are: (i) jointly managed with the United Kingdom (UK) in the North Sea and the North-Western Waters, including deep-sea stocks in these areas; (ii) jointly managed with Norway and the UK in the North Sea; (iii) jointly managed with Norway in the Skagerrak-Kattegat; or (iv) subject to North-East Atlantic Fisheries Commission (NEAFC) coastal States consultations;
–stocks managed by regional fisheries management organisations (RFMOs); and
–stocks in waters of non-EU countries.
A number of fishing opportunities are marked ‘pm’ (pro memoria) in this proposal, because:
–the scientific advice for some autonomous EU stocks was not yet available when the proposal was adopted; or
–certain catch limits and other recommendations from the relevant RFMOs are pending, because the annual meetings have not yet taken place; or
–pending the conclusion of multilateral or bilateral consultations with certain non-EU countries, figures are not yet available for: (i) stocks in waters of non-EU countries; (ii) stocks jointly managed with non-EU countries; and (iii) fishing opportunities exchanged with non-EU countries.
Contents
The Commission publishes annually a communication providing an overview of the state of the stocks based on scientific advice, and explaining its approach to proposing fishing opportunities. The most recent annual communication is entitled Sustainable fishing in the EU: state of play and orientations for 2024 (COM(2023) 303).
The Commission proposes fishing opportunities that are based on scientific advice and in accordance with the approach outlined in the annual communication.
Between 31 May and 30 June 2023, in response to the Commission’s request, the International Council for the Exploration of the Sea (ICES) provided its annual or multiannual scientific advice on a number of autonomous EU stocks covered by this proposal 4 .
ICES scientific advice essentially depends on data:
(i) for stocks for which comprehensive data sets are available, allowing full analytical, age-/length-structured, assessments, ICES produces estimates of the sizes of the stocks and forecasts on how various exploitation scenarios will affect these stock sizes (catch scenarios tables). On that basis, ICES estimates adjustments to the fishing opportunities that will bring the stock to a level that can produce the maximum sustainable yield (MSY);
(ii) for stocks for which less data is available, ICES does not provide catch scenarios but identifies longer term trends in recruitment, biomass and fishing mortality. On that basis, ICES estimates fishing opportunities in line with MSY, based on proxies; and
(iii) for other stocks for which limited data is available, when advising on the level of fishing opportunities, ICES relies on the precautionary approach and applies a certain methodology 5 .
ICES assessments for stocks under points (i) and (ii) are referred to as ‘analytical assessment’ and the advice is referred to as ‘MSY advice’. Assessments for stocks under point (iii) are referred to as ‘precautionary assessment’ and the advice is referred to as ‘precautionary advice’.
For stocks under point (i), ICES publishes advice annually. However, for stocks under points (ii) and (iii), ICES neither performs a stock assessment nor publishes advice on an annual basis.
For stocks under point (ii), ICES assesses longer term trends. ICES therefore considers that the assessed situation of the stock will not be subject to major changes during the advice period. For stocks under point (iii), ICES relies on a precautionary approach. For stocks under both points (ii) and (iii), the advice published by ICES is the best available scientific advice for the entire advice period. For the autonomous EU stocks for which ICES publishes advice that remains valid for several years, the Commission therefore proposes to set total annual catches (TACs) covering the entire advice period, i.e. a period of two to three years (multiannual TACs).
Fishing opportunities for autonomous EU stocks for which scientific advice is not yet available will be proposed once this scientific advice becomes available.
Equally, fishing opportunities for other stocks will be proposed in light of the outcome of consultations with non-EU countries or the annual meetings of RFMOs. In relation to those consultations and annual meetings of RFMOs, the Commission proposes, and the Council adopts, EU positions, to be expressed on behalf of the EU, in accordance with the approach outlined in the annual communication. For bilateral consultations with the UK on shared stocks and in the case of annual meetings of RFMOs, the Commission proposes, and the Council adopts, specifications of the multiannual positions 6 .
While the consultations are ongoing and the annual meetings of RFMOs are pending or scientific advice is not yet available, the text of relevant recitals and provisions of Council Regulation (EU) 2023/194 7 is included in this proposal in square brackets and fishing opportunities are marked pm.
Once the consultations with non-EU countries are concluded, the annual meeting of the relevant RFMOs have taken place or the most recent available scientific advice becomes available, this proposal will be updated by means of Commission services’ non-papers that will become an integral part of this proposal.
TACs for deep-sea stocks shared with the UK for 2024 were included in Regulation (EU) 2023/194 but marked as ‘to be established’. Therefore, this proposal seeks to amend Regulation (EU) 2023/194 as regards those TACs. TACs for those stocks will be proposed after the conclusion of consultations between the EU and the UK for 2024.
Under Article 15 of the Basic Regulation, all stocks for which there are catch limits have been subject to the landing obligation since 1 January 2019, meaning that all catches should be brought and retained on board the fishing vessels, recorded, landed and counted against the quotas where applicable. However, the Basic Regulation provides for certain exemptions from the landing obligation. Based on joint recommendations by the Member States, the Commission has adopted delegated regulations specifying details of the implementation of the landing obligation for certain fisheries allowing for discards on the basis of de minimis or high survivability exemptions.
Since the introduction of the landing obligation, and in accordance with Article 16(2) of the Basic Regulation, the proposed fishing opportunities have to reflect the change from amount landed to amount caught, given that discarding is in principle no longer allowed. The proposed fishing opportunities are also fixed in accordance with other relevant provisions, i.e. Article 16 i on the principle of relative stability and Article 16 i referring to the CFP objectives and the relevant MAP rules.
Taking into account the application of the landing obligation, the Commission is proposing TACs on the basis of the ICES catch advice. The proposed EU quotas take account of discards based on established exemptions; these quantities will not be landed and counted against the quotas, and are therefore deducted from the EU quotas. Pending the entry into force of the delegated regulations specifying details of the implementation of the landing obligation for certain fisheries in 2024, EU quotas are marked pm in this proposal. Moreover, for stocks for which ICES provides only landings advice, the Commission is proposing TACs on the basis of that advice.
Account must also be taken of the links between the Basic Regulation and Council Regulation (EC) No 847/96 8 . Articles 3 and 4 of that latter Regulation provide for year-to-year flexibility for quotas for both precautionary and analytical stocks. Under Article 2 of Regulation (EC) No 847/96, when fixing TACs, the Council is to decide which stocks will not be subject to Articles 3 and 4 of that Regulation, in particular on the basis of the biological status of stocks. The Commission proposes to exclude year-to-year flexibility pursuant to Articles 3 and 4 of Regulation (EC) No 847/96 for analytical stocks with a biomass below Blim 9 and for precautionary stocks for which ICES recommends either zero catches or suspending the targeted fishery.
Article 15(9) of the Basic Regulation provides for further year-to-year flexibility for quotas. However, to avoid excessive flexibility that would undermine the achievement of the CFP objectives, Articles 3 and 4 of Regulation (EC) No 847/96 and Article 15(9) of the Basic Regulation should not apply cumulatively.
Year-to-year flexibility for quotas under Article 15(9) of the Basic Regulation should also be excluded where it would undermine the achievement of the CFP objectives, in particular for: (i) analytical stocks with a biomass below Blim and for which only by-catch or scientific fisheries will be permitted; and (ii) for precautionary stocks for which only such fisheries will be permitted. In addition, flexibility should be excluded for stocks for which the EU and the relevant non-EU country or countries have not agreed on the application of year-to-year flexibility or have excluded the application of such flexibility on the basis of the biological status of stocks.
Autonomous EU stocks
| TAC | TAC code | Proposed TAC for 2024 and where specified also for 2025 or 2026 (tonnes) | Proposed TAC change from 2023 | Explanation |
| Megrims in 8c, 9 and 10; Union waters of CECAF 34.1.1 | LEZ/8C3411 | 3 622 | +11% | ICES provides MSY advice 10 for two different species of megrim in this area: Lepidorhombus whiffiagonis and Lepidorhombus Boscii. The Commission proposes to set the TAC in line with the MSY advice and FMSY point value 11 for both species. |
| Anglerfishes in 8c, 9 and 10; Union waters of CECAF 34.1.1 | ANF/8C3411 | 4 650 | +7% | ICES provides MSY advice 12 for two different species of anglerfish in this area: black-bellied anglerfish (Lophius budegassa) and white anglerfish (Lophius piscatorius). The Commission proposes to set the TAC in line with the MSY advice and FMSY point value for both species. |
| Whiting in 8 | WHG/08. | For 2024 and 2025: 1 347 | -41% | ICES now provides MSY advice 13 for this stock. The latest advice published by ICES is valid for 2024 and 2025. The Commission proposes to set the TACs for 2024 and for 2025 in line with the MSY advice. |
| Hake in 8c, 9 and 10; Union waters of CECAF 34.1.1 | HKE/8C3411 | 17 445 | +10% | ICES provides MSY advice 14 for this stock. The Commission proposes to set the TAC in line with the MSY advice and the highest value within the range of FMSY (MSY Fupper). It proposes to set the TAC in line with MSY Fupper in accordance with Article 4(5), point (a), of the Western Waters MAP, taking into account that ICES concluded at the end of 2022 that hake has been the most limiting species in the mixed fisheries 15 . |
| Norway lobster in 8c, functional unit 25 | NEP/8CU25 | For 2024 and 2025: 0 | roll-over | ICES provides MSY advice 16 for this stock. The Commission proposes to set the TACs for 2024 and for 2025 in line with the MSY advice. |
| Norway lobster in 8c, functional unit 31 | NEP/8CU31 | 12,4 | -27% | ICES provides MSY advice 17 for this stock. The Commission proposes to set the TAC in line with the MSY advice. |
| Plaice in the Kattegat | PLE/03AS. | 2 349 | +19% | ICES provides MSY advice 18 for this stock. This TAC represents a proportion (22%) of the ICES advice for plaice in the Kattegat, Belt Seas and the Sound. That figure is based on the catch distribution in 2023 set out in the ICES advice. The Commission proposes to set the TAC in line with the MSY advice and the lowest value within the range of FMSY (MSY Flower). It proposes to set the TAC in line with MSY Flower as cod, for which there is a zero-catch advice, is a by-catch in this fishery. |
| Plaice in 7b and 7c | PLE/7BC. | For 2024, 2025 and 2026: 15 | -21% | ICES cannot provide information on stock size or fishing pressure, and provides precautionary advice 19 for this stock. The latest advice published by ICES is valid for 2024, 2025 and 2026. The Commission proposes to set the TACs for 2024, 2025 and 2026 in line with the precautionary advice. |
| Plaice in 8, 9 and 10; Union waters of CECAF 34.1.1 | PLE/8/3411 | For 2024 and 2025: 124 | -20% | ICES cannot provide information on stock size or fishing pressure, and provides precautionary advice 20 for this stock. The latest advice published by ICES is valid for 2024 and 2025. The Commission proposes to set the TACs for 2024 and 2025 in line with the precautionary advice. |
| Pollack in 8a, 8b, 8d and 8e | POL/8ABDE. | For 2024 and 2025: 698 | -53% | The ICES advice covers three TACs, the one mentioned in this row and the TACs mentioned in the following two rows. ICES now provides MSY advice 21 for this stock. The latest advice published by ICES is valid for 2024 and 2025. The Commission proposes to set the TACs for 2024 and for 2025 in line with the MSY advice. |
| Pollack in 8c | POL/08C. | For 2024 and 2025: 78 | -53% | As above. |
| Pollack in 9 and 10; Union waters of CECAF 34.1.1 | POL/9/3411 | For 2024 and 2025: 96 | -53% | As above. |
| Common sole in 7b and 7c | SOL/7BC. | For 2024, 2025 and 2026: 15 | -21% | ICES cannot provide information on stock size or fishing pressure, and provides precautionary advice 22 for this stock. The latest advice published by ICES is valid for 2024, 2025 and 2026. The Commission proposes to set the TACs for 2024, 2025 and 2026 in line with the precautionary advice. |
| Common sole in 8a and 8b | SOL/8AB. | 2 489 | -7% | ICES provides MSY advice 23 for this stock. The Commission proposes to set the TAC in line with the MSY advice and the FMSY point value. |
| Sole in 8c, 8d, 8e, 9 and 10; Union waters of CECAF 34.1.1 | SOO/8CDE34 | For 2024 and 2025: 435 | -33% | The TAC covers three species of sole in this area, common sole (Solea solea) and two other sole species. ICES only provides MSY advice 24 for common sole in this area. The latest advice published by ICES is valid for 2024 and 2025. For 2024 and 2025, the Commission proposes to set sub-TACs for common sole in line with the MSY advice. It also proposes to set the TACs in line with the advice for common sole and taking into account the species-specific catches (48% common sole and 52% other sole species). That figure is based on the catch shares in 2020-2022 set out in the ICES advice. |
| Horse mackerel in 9 | JAX/09. | 173 873 | +5% | ICES provides MSY advice 25 for this stock. The Commission proposes to set the TAC in line with the MSY advice. |
| Seabass in 8a and 8b | Not applicable | Not applicable | Not applicable | ICES provides MSY advice 26 for this stock. The Commission proposes to reduce the bag limit for recreational fisheries to 1 fish/day. The Commission also proposes that France and Spain set catch limits for commercial fisheries below the level corresponding to the FMSY point value, as reduced proportionally to take into account the decrease in the biomass (1 906 tonnes). |
In addition, the Commission proposes fishing opportunities for certain stocks listed in Annex 36, table F, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part 27 (Trade and Cooperation Agreement). That Annex lists stocks that are only present in one Party's waters.
| TAC | TAC code | Proposed TAC for 2024 (tonnes) | Proposed TAC change from 2023 | Explanation |
| Undulate ray in 8 - TAC under TAC for skates and rays in 8 and 9 28 | RJU/8-C. - TAC under SRX/89-C. | 33 | roll-over | ICES cannot provide information on stock size or fishing pressure, and provides precautionary advice 29 for this stock. The latest advice published by ICES is valid for 2023 and 2024. The Commission proposes to set the TAC for 2024 at the same level as that set by Council in 2022 on the basis of the advice valid for 2023 and 2024. |
| Undulate ray in 9 - TAC under TAC for skates and rays in 8 and 9 | RJU/9-C. - TAC under SRX/89-C. | 50 | roll-over | ICES cannot provide information on stock size or fishing pressure, and provides precautionary advice 30 for this stock. The latest advice published by ICES is valid for 2023 and 2024. The Commission proposes to set the TAC for 2024 at the same level as that set by Council in 2022 on the basis of the advice valid for 2023 and 2024. |
ICES provides advice for the entire natural range of European eel (Anguilla anguilla), which includes the north-east Atlantic and the Mediterranean. Given the critical state of the European eel, ICES has advised for the past two decades to keep the anthropogenic mortality of European eel as close to zero as possible throughout its natural range. In particular, in November 2021 and November 2022, ICES 31 advised that, when the precautionary approach is applied, there should be zero catches of eel in all habitats. This concerned both recreational and commercial catches and included catches of glass eels for restocking and aquaculture. Furthermore, on 30 May 2022, ICES 32 advised that, despite Member States’ efforts, no overall progress has been made in achieving the 40% silver eel biomass escapement objective across the entire EU, as required by Article 2 i of Council Regulation (EC) No 1100/2007 33 . ICES also advised that conservation efforts should be focused on those measures that, by definition, have a high probability of reducing mortality and increasing escapement. ICES advice for 2024 will be published on 1 November 2023.
A consecutive three-month closure period for eel fishing was laid down in the annual fishing opportunities regulations for the EU marine and brackish waters of the north-east Atlantic (from 2018 to 2022), and for all marine waters, brackish waters and freshwaters of the Mediterranean (from 2019 to 2022). Council Regulation (EU) 2023/194 extended the closure period to six months for any eel fishing activity in EU marine and brackish waters of the north-east Atlantic and of the Mediterranean, and for EU vessels in all marine waters of the Mediterranean. A six-month closure period was considered to better protect the stock than the EU and national measures implemented until then. Furthermore, Council Regulation (EU) 2023/194 prohibited all recreational eel fisheries in those waters.
Given the continued critical state of the European eel, the Commission proposes for 2024 to maintain the six-month closure and the prohibition of recreational eel fisheries in EU marine and brackish waters of the north-east Atlantic, and in all marine waters, brackish waters and freshwaters of the Mediterranean. This proposal will be updated after publication by ICES of its scientific advice for European eel in the north-east Atlantic and the Mediterranean for 2024. Moreover, the Commission proposes to clarify for 2024 that the closure in the north-east Atlantic should cover the main migration period of the respective life stage in the fishing area concerned, and that in ICES subarea 3 (Skagerrak-Kattegat and Baltic Sea) the closure periods should be agreed between the Member States concerned so as to ensure the protection of eel migrating out of the Baltic Sea into the North Sea. This proposal will also be updated after the 2023 annual meeting of the General Fisheries Commission for the Mediterranean (GFCM), to take into account possible additional measures for the Mediterranean adopted at that annual meeting.
• Consistency with existing policy provisions in the policy area
The proposed measures are consistent with the objectives and rules of the CFP.
• Consistency with other EU policies
The proposed measures are consistent with other EU policies, in particular in the field of environment.
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 exclusive competence of the EU as referred to in Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply.
• Proportionality
The proposal allocates fishing opportunities to Member States in accordance with the objectives of the Basic Regulation, the applicable MAPs and the outcomes of consultations with non-EU countries and the outcomes of the annual meetings of RFMOs. Pursuant to Article 16(6) and (7) and Article 17 of the Basic Regulation, Member States are to decide how the fishing opportunities available to them may be allocated to vessels flying their flag in accordance with certain criteria set out in those Articles. Therefore, Member States have the necessary margin of discretion when distributing the allocated quotas, in line with their preferred social/economic model for using the fishing opportunities available to them.
• 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 economic operators. 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
• Ex post evaluations/fitness checks of existing legislation
Not applicable.
• Stakeholder consultations
(a)Consultation methods, main sectors targeted and general profile of respondents
The Commission has consulted stakeholders, in particular through the advisory councils, on the basis of its annual Communication Sustainable fishing in the EU: state of play and orientations for 2024.
(b)Summary of responses and how they were taken into account
Stakeholders’ responses to the above annual communication set out their views on the Commission’s evaluation of the state of the resources and on the appropriate management response. The Commission considered those responses when formulating this proposal.
• Collection and use of expertise
ICES scientific advice is based on a framework developed by its expert groups and decision-making bodies and issued in line with its framework partnership agreement with the Commission.
The objective of the CFP is to restore the stocks to levels that can deliver MSY and to maintain them at those levels. This objective is incorporated expressly in Article 2(2) of the Basic Regulation, which provides that this ‘shall be achieved […] by 2020 for all stocks’. This reflects the EU’s commitment to the conclusions of the 2002 World Summit on Sustainable Development in Johannesburg and the associated plan of implementation.
Fishing opportunities for target stocks in the North Sea and Western Waters 34 and for which there is MSY advice are to be set on the basis of the relevant MAPs, which define a range of fishing mortality values resulting in MSY (range of FMSY) and therefore offer a degree of flexibility under specific conditions. The Commission has asked ICES to provide scientific advice that can be used to implement the flexibility, including to assess whether the conditions for using that flexibility are met. The upper range of FMSY values may be used for fixing TACs, if the biomass of the stock in question is above MSY Btrigger, and only if, based on scientific advice or evidence, that is necessary to:
–achieve the objectives set out in the relevant MAP in the case of mixed fisheries; or
–avoid serious harm to a stock caused by intra- or inter-species stock dynamics; or
–limit high year-to-year fluctuations.
MSY Btrigger is the biomass level below which management action is to be taken to allow a stock to rebuild above the level capable of producing MSY in the long term. Where the stock’s biomass is below MSY Btrigger, the fishing opportunities should be fixed at a level corresponding to the fishing mortality that is reduced proportionally to take into account the decrease in the biomass.
This proposal therefore makes use of the MSY advice, where available. In line with the CFP objectives, where TACs are proposed on the basis of MSY advice, they correspond to the level that, according to that advice, would ensure delivery of MSY. This approach is in line with the principles set out in the annual Communication Sustainable fishing in the EU: state of play and orientations for 2024.
Pursuant to Article 4(6) of the North Sea MAP and Article 4(7) of the Western Waters MAP, fishing opportunities for target stocks should in any event be fixed in such a way as to ensure that there is less than a 5% probability of the biomass falling below Blim. Where MSY advice is available, ICES may indicate such probabilities, in the short-term, in its advice. To ensure that the probability is achieved, the fishing mortality of the target stock may have to be reduced accordingly or the targeted fishery may have to be suspended.
For data-limited target stocks, ICES scientific advice provides quantitative guidance on catches and this has been used to establish the level of the proposed TACs.
Fishing opportunities for by-catch stocks in the North Sea and Western Waters must also be set on the basis of the relevant MAPs. TACs for by-catch stocks are proposed on the basis of the MSY advice, where available. When fixing fishing opportunities for by-catch stocks, mixed fisheries considerations should also be taken into account.
For data-limited by-catch stocks, TACs are proposed on the basis of the quantitative guidance on catches provided in the ICES scientific advice.
• Impact assessment
The scope of the fishing opportunities regulation is circumscribed by Article 43(3) TFEU.
This proposal seeks to avoid short-term approaches in favour of long-term sustainability. It takes account of initiatives by stakeholders and advisory councils if they have been positively reviewed by ICES. 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.
As regards RFMO fishing opportunities and stocks that are jointly managed with non-EU countries, this proposal essentially implements internationally agreed measures. Any aspects that are relevant to assessing possible impacts of the fishing opportunities are dealt with in the preparation and conduct of international negotiations in which the EU’s fishing opportunities are agreed with non-EU countries.
• Regulatory fitness and simplification
The proposal provides for the simplification of administrative procedures for EU or national public authorities, in particular as regards requirements applying to effort management.
• Fundamental rights
The proposal complies with fundamental rights and in particular those recognised by the Charter of Fundamental Rights of the European Union.
4. BUDGETARY IMPLICATIONS
The proposal has no budgetary implications.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Monitoring and compliance will be ensured in accordance with Council Regulation (EC) No 1224/2009 35 .