2053 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean - Main contents

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dossier	COM(2025)195 - Amendment of Regulation (EU) 2017/2107 laying down management, conservation and control measures applicable in the ...
source	COM(2025)195
date	12-05-2025

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The purpose of the proposal is to implement into Union law certain measures adopted by the following Regional Fisheries Management Organisations (RFMOs): the International Commission for the Conservation of Atlantic Tunas (ICCAT), the South Pacific Regional Fisheries Management Organisation (SPRFMO), the Northwest Atlantic Fisheries Organisation (NAFO), Inter-American Tropical Tuna Commission (IATTC), the Western and Central Pacific Fisheries Commission (WCPFC) and the Indian Ocean Tuna Commission (IOTC).

ICCAT is the RFMO responsible for managing tuna and tuna-like fishery resources in the Atlantic and the Mediterranean. ICCAT has the authority to adopt decisions (recommendations) for the conservation and management of the fisheries under its purview, which are binding for the Contracting Parties. Those recommendations are essentially addressed to the Contracting Parties to the Convention, but also contain obligations for operators (e.g. vessel masters). Those apply exclusively to the ICCAT Convention area, covering the high seas and exclusive economic zones of Contracting Parties. Article VIII(2) of the ICCAT Convention states that ICCAT recommendations become effective for all Contracting Parties six months after the date of the notification from the ICCAT Commission and the Contracting Parties are required to implement them. Article 3(5) of the Treaty on European Union provides that the EU shall contribute to the strict observance of international law. The last ICCAT conservation and enforcement recommendations were implemented into Union law through amendments to Regulations (EU) 2017/2107 ¹ , (EU) 2023/2053 ² and (EU) 2023/2833 ³ of the European Parliament and of the Council. This proposal implements the recommendations adopted by ICCAT in its annual meetings in 2023 and 2024.

SPRFMO is the RFMO responsible for the management of fishery resources in the South Pacific Ocean and adjoining seas excluding tuna and tuna-like species. The EU has been a Contracting Party to the SPRFMO since 2010. The SPRFMO Convention provides that decisions adopted by the SPRFMO are binding on its Contracting Parties, participating fishing entities, and cooperating non-Contracting Parties, as well as operators. Regulation (EU) 2018/975 ⁴ implemented into Union law the management, conservation and control measures adopted by the SPRFMO between 2013 and 2017. This proposal implements the management, conservation and control measures adopted by the SPRFMO at its annual meetings in 2018, 2019, 2020, 2021, 2022, 2023 and 2024.

NAFO is the RFMO responsible for managing fishery resources in the Northwest Atlantic under its purview. NAFO’s conservation and management measures apply exclusively to the NAFO Regulatory Area, the high seas, defined as the area that lies beyond the area where coastal states exercise fisheries jurisdiction. The EU has been a Contracting Party to NAFO since 1979. The NAFO Convention states that the conservation measures adopted by the NAFO Commission are binding (Articles XIV, VI.8 and VI.9) and that the Contracting Parties are required to implement them. Regulation (EU) 2019/833 implemented into Union law the NAFO conservation and enforcement measures adopted by NAFO until 2018 and that regulation was amended in 2021 ⁵ and 2022 ⁶ to implement the measures adopted by NAFO in 2019, 2020, 2021 and 2022. This proposal implements the amendments adopted by NAFO at its annual meetings in 2023 and 2024.

The Inter-American Tropical Tuna Commission (IATTC) is the RFMO responsible for managing tuna and tuna-like fishery resources in the Eastern Pacific Ocean. The IATTC is based on the Antigua Convention which the EU has signed in 2004. The IATTC has the authority to adopt decisions (‘Resolutions’) to ensure the long-term conservation and sustainable use of the fishery resources in the Convention area. Resolutions are binding for the Contracting Parties. Resolutions are essentially addressed to the Contracting Parties to the Convention, but also contain obligations for private operators (e.g. masters of vessels). Resolutions enter into force 45 days following their adoption. Regulation (EU) 2021/56 implemented into Union law the resolutions of the IATTC, adopted until 2020. This proposal implements the amendments and new resolutions adopted by the IATTC at its annual meetings in 2021, 2022, 2023 and 2024.

The Western and Central Pacific Fisheries Commission (WCPFC) is the RFMO responsible for managing tuna and tuna-like fishery resources in the Western and Central Pacific Ocean (WCPO). The conservation and management measures (CMMs) adopted by WCPFC are binding upon Members, Participating Territories and Cooperating Non-Members (CCMs). CMMs apply throughout the WCPFC Convention area, covering the high seas and exclusive economic zones of CCMs. The Union acceded to the WCPFC by means of Council Decision 2005/75/EC of 26 April 2004 on the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the WCPO. Regulation (EU) 2022/2056 implemented into Union law the resolutions of the WCPFC adopted between 2004 and 2021. This proposal implements the amendments and new resolutions adopted by WCPFC at its annual meetings in 2022, 2023 and 2024

The IOTC is the RFMO responsible for managing tuna and tuna-like fishery resources in the Indian Ocean. The IOTC’s conservation and management measures apply to the IOTC area of competence, which is the Indian Ocean (defined for the purpose of the IOTC agreement as the FAO statistical areas 51 and 57) and adjacent seas, north of the Antarctic Convergence. The EU has been a Contracting Party to IOTC since 1995. The IOTC Agreement states that the resolutions adopted by the IOTC are binding and that the Contracting Parties are required to implement them. Regulation (EU) 2022/2343 implemented into Union law the resolutions of the IOTC adopted between 2000 and 2021. This proposal implements the amendments and new resolutions adopted by IOTC at its annual meetings in 2022, 2023 and 2024.

• Consistency with existing policy provisions in the policy area

The proposal is consistent with Regulation (EU) 2017/2107, Regulation (EU) 2018/975, Regulation (EU) 2019/833, Regulation (EU) 2021/56, Regulation (EU) 2022/2056, Regulation (EU) 2022/2343, and Regulation (EU) 2023/2053.

The proposal is in line with Part VI (external policy) of Regulation (EU) No 1380/2013 on the common fisheries policy, which provides that the Union conducts its external fisheries in accordance with its international obligations and bases the EU fishing activities on regional fisheries cooperation.

The proposal complements both Regulation (EU) 2017/2403 ⁷ concerning the external fleet management, which provides that Union fishing vessels are subject to Regional Fisheries Management Organisations fishing authorisations, and Council Regulation (EC) No 1005/2008 ⁸ concerning illegal unreported and unregulated fishing, which provides for the inclusion of the NAFO Illegal, Unreported and Unregulated (IUU) list into the Union IUU vessels list.

This proposal does not cover the EU’s fishing opportunities decided by ICCAT, SPRFMO, NAFO, IATTC, WCPFC, IOTC. Under Article 43(3) of the Treaty on the Functioning of the European Union (TFEU), it is the Council’s prerogative to adopt measures on fixing prices, levies, aid and quantitative limitations, and on the fixing and allocation of fishing opportunities.

• Consistency with other Union policies

The proposal is consistent with other Union policies.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The proposal is based on Article 43(2) TFEU, as it sets out the provisions needed to pursue the objectives of the common fisheries policy.

• Subsidiarity (for non-exclusive competence)

The proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU). Therefore, the subsidiarity principle does not apply.

• Proportionality

The proposal will ensure that the EU’s obligations in ICCAT, SPRFMO, NAFO, IATTC, WCPFC and IOTC are met, without going beyond what is necessary to achieve this objective.

• Choice of the instrument

A regulation chosen to amend existing Regulation (EU) 2017/2107, Regulation (EU) 2018/975, Regulation (EU) 2019/833, Regulation (EU) 2021/56, Regulation (EU) 2022/2056, Regulation (EU) 2022/2343, and Regulation (EU) 2023/2053.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

Not relevant.

• Stakeholder consultations

EU Member States’ national experts and industry representatives were consulted both during the run-up to the relevant annual meetings of above referred organisations at which these measures were adopted and during the negotiations.

• Collection and use of expertise

This proposal implements into Union law measures adopted by ICCAT, SPRFMO, NAFO, IATTC, WCFPC and IOTC in accordance with the advice of these organisations’ respective standing committees on science and control issues.

• Impact assessment

Not relevant. This proposal implements into Union law the ICCAT, SPRFMO, NAFO, IATTC, WCPFC and IOTC conservation and management measures that are binding on the Union.

• Regulatory fitness and simplification

This proposal is not linked to regulatory fitness and simplification (REFIT).

• Fundamental rights

This proposal does not impact fundamental rights.

4. BUDGETARY IMPLICATIONS

This proposal has no budgetary implications.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Not applicable.

• Explanatory documents (for directives)

Not applicable.

• Detailed explanation of the specific provisions of the proposal

For ICCAT, this proposal introduces new provisions in Regulation (EU) 2017/2107 for the conservation of whale shark and mobulid rays, as well as a geographic limitation for the applicability of sea turtle conservation measures for vessels operating north of 55°N or south of 35°S latitude in the eastern South Atlantic and south of 40°S latitude in the western South Atlantic. The role of EFCA is also defined in relation to sighting of vessels and further communication to the ICCAT Secretariat. This proposal also amends Regulation (EU) 2023/2053 in relation to its Chapter V, control measures, by amending provisions on the exchange of quotas between Joint Fishing Operations, on prior notification of landings, monitoring of bluefin tuna transfers operations by video camera, on caging operations and control activities in the farms after caging

For NAFO, the proposal introduces new provisions in Regulation (EU) 2019/833 related to reopened fishery for cod in Divisions 2J3KL including closure, bycatch and retention on board, surveillance, and relevant additional procedure for serious infringements. In addition, the proposal aligns the wording of Regulation (EU) 2019/833 with NAFO measures and provisions for derogations from Observer programmes.

For SPRFMO, the proposal amends Regulation (EU) 2018/975 to include new conservation and management measures as well as an amendment to previously adopted measures. Amended SPRFMO measures include bottom fishing, transhipment, gillnets, observer programmes and data, and vessel monitoring systems. This proposal also includes new measures agreed by SPRFMO, in particular a protocol for high seas boarding and inspections, including procedures for alleged infringements, a measure on marine pollution, and a measure on the marking and identification of fishing vessels.

For IATTC, the proposal amends Regulation (EU) 2021/56 to include updates to fish aggregating devices (FAD) buoy’s activations, reduction of FADs entanglement and use of biodegradable materials, report of catches on Pacific bluefin tuna, changes in vessels monitoring system, introduction of electronic monitoring system, including collection of fisheries data, protection of silky sharks, safe release of sharks, data collection of shark species, and updates to compliance reports.

For WCPFC this proposal amends Regulation (EU) 2022/2056 to introduce provisions related to the protection of sharks and use of branch lines and wire leaders by Union longline vessels with a prohibition of shark retention and duty to release, as well as surrender or discard of unintentionally caught of Oceanic whitetip and silky shark specimen and language adjustments for bunkering provisions.

For IOTC, this proposal amends Regulation (EU) 2022/2343 to include new conservation and management measures as well as amendments to previously adopted measures. This proposal also includes new articles related to the management of anchored fish aggregating devices, voluntary fishery closure and standards for electronic monitoring and revised measures strengthening the management of drifting fish aggregating devices, mitigation measure for non-target species and observer scheme.