Considerations on COM(2023)578 - Fixing of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas for 2024

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(1)Article 6 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council 9  requires the adoption of conservation measures taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as advice received from advisory councils.

(2)The Council is to adopt measures on the fixing and allocation of fishing opportunities, including, certain conditions functionally linked to those fishing opportunities, as appropriate. Under Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities are to be fixed in accordance with the objectives of the Common Fisheries Policy (CFP) as set out in Article 2(2) of that Regulation. Article 16(1) of Regulation (EU) No 1380/2013 provides that fishing opportunities should be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery. 

(3)Therefore, in accordance with Regulation (EU) No 1380/2013, total allowable catches (TACs) should be set on the basis of available scientific advice, taking into account biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as the opinions expressed during the consultations with stakeholders.

(4)Regulation (EU) 2019/1022 of the European Parliament and of the Council 10 established a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea (the plan). The plan aims to reach and maintain the maximum sustainable yield (MSY) for target stocks, ensuring that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY.

(5)In accordance with Article 4(1) of the plan, fishing opportunities for stocks listed in Article 1 of that Regulation are to be fixed to achieve fishing mortality at MSY on a progressive, incremental basis by 2020 where possible, and by 1 January 2025 at the latest. Fishing opportunities are to be expressed as maximum allowable fishing effort for trawlers and longliners and fixed in accordance with the fishing effort regime laid down in Article 7 of the plan, as well as as maximum catch limits for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) in deep waters in accordance with scientific advice and Article 7(3), point (b), of the plan.

(6)[placeholder pending STECF advice] Based on such advice, for 2024, the maximum allowable fishing effort of trawlers in the western Mediterranean Sea should therefore be reduced by pm % compared to the baseline between 2015 and 2017, to be deducted from the maximum allowable fishing effort set for 2023 by Council Regulation (EU) 2023/195 11 .  

(7)[placeholder pending STECF advice]. Based on such advice, for 2024, the maximum allowable fishing effort of longliners should therefore be pm compared to the baseline between 2015 and 2017.

(8)[placeholder pending STECF advice] In light of the scientific advice, for 2024, the maximum catch limits for blue and red shrimp in GSAs 1, 2, 5, 6 and 7 should therefore be pm %.

(9)[placeholder pending STECF advice] In light of the scientific advice, for 2024, the maximum catch limits for blue and red shrimp in GSAs 8, 9, 10 and 11 should be pm %.

(10)[placeholder pending final STECF advice] In accordance with Article 7(3), point (b), of the plan, it is therefore appropriate to continue setting maximum catch limits to complement the trawling effort regime with maximum catch limits. In light of the scientific advice, for 2024, the maximum catch limits for giant red shrimp in GSAs 8, 9, 10 and 11 should be pm %.

(11)At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (GFCM geographical subareas 17 and 18) 12 , which introduced from 2020 to 2026 a fishing effort regime and a fleet capacity ceiling for certain demersal stocks. Those measures for 2024 should therefore be implemented in Union law.

(12)[placeholder new measures for demersal stocks in the Adriatic Sea from GFCM 46th annual session]

(13)At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/20 on a multiannual management plan for the sustainable exploitation of small pelagic stocks the Adriatic Sea (GFCM geographical subareas 17 and 18) 13 ,  which introduced from 2022 to 2029 a maximum level of catches and a related fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagics, with a derogation for the national fleets of less than 10 purse seiners or pelagic trawlers actively fishing for small pelagic stocks. Those measures for 2024 should therefore be implemented in Union law.

(14)[placeholder new measures for small pelagic stocks in the Adriatc Sea from GFCM 46th annual session]

(15)Taking into account the particularities of the Slovenian fleet and its marginal impact on the stocks of small pelagic and demersal stocks, and in accordance with paragraph 33 of Recommendation GFCM/44/2021/20 and of paragraph 13 of Recommendation GFCM/43/2019/5, it is appropriate to preserve existing fishing patterns and to ensure access by the Slovenian fleet to a minimum quantity of small pelagic species and a minimum effort allocation for demersal stocks.

(16)[Placeholder new measures for red coral from GFCM 46th annual session ]

(17)[placeholder new measures for common dolphinfish from GFCM 46th annual session]

(18)At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/4 on a multiannual management plan for the sustainable exploitation of demersal stocks in the Strait of Sicily (geographical subareas 12 to 16) 14 , repealing Recommendations GFCM/44/2021/12 and GFCM/42/2018/5. Recommendation GFCM/45/2022/4 introduced an effort regime for hake and catch limits for deep-water rose shrimps, as well as a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for deep-water rose shrimps. In order to implement those measures in Union law, 3% should therefore be deducted from the maximum allowable catch limits for deep-water rose shrimp set for 2023 by Council Regulation (EU) 2023/195.

(19)At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/5 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Strait of Sicily (geographical subareas 12 to 16) 15 , repealing Recommendations GFCM/44/2021/7 and GFCM/43/2019/6. Recommendation GFCM/45/2022/5 introduced a catch limit and a fishing capacity freeze. For 2024, that recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3% should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Council Regulation (EU) 2023/195.

(20)At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/6 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Ionian Sea (geographical subareas 19 to 21) 16 , repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/6 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3% should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Council Regulation (EU) 2023/195.

(21)At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/7 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Levant Sea (geographical subareas 24 to 27) 17 , repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/7 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3% of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3% should therefore be deducted from the maximum allowable catch limits set for giant red shrimp and blue and red shrimp for 2023 by Council Regulation (EU) 2023/195.

(22)At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/3 on a multiannual management plan for the sustainable exploitation of blackspot seabream in the Alboran Sea (geographical subareas 1 to 3) 18 , repealing Recommendations GFCM/44/2021/4, GFCM/43/2019/2 and GFCM/41/2017/2. Recommendation GFCM/45/2022/3 introduced maximum levels of catches for 2023, 2024 and 2025, a maximum number of longlines and handlines authorised and new measures for recreational fisheries. In order to implement those measures in Union law, 7% should therefore be deducted from the maximum allowable catch limits set for blackspot seabream for 2023 by Council Regulation (EU) 2023/195.

(23)At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 19 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot fisheries in the Black Sea (GFCM geographical subarea 29). Recommendation GFCM/43/2019/3 introduced from 2020 to 2024 an updated regional TAC and a quota allocation scheme for turbot, as well as further conservation measures, in particular a two-month closure period and a limitation of fishing days to 180 days per year. In accordance with Recommendation GFCM/43/2019/3, these further conservation measures are functionally linked to the fishing opportunities, as, without those measures in place, TAC level for turbot would have to be reduced to ensure its recovery. Those measures should therefore be implemented in Union law.

(24)[placeholder roll-over decision turbot quota from GFCM 46th annual session]

(25)[placeholder carry over decision turbot quota from GFCM 46th annual session ]

(26)Based on the scientific advice provided by the GFCM Working Group for the Black Sea, the current level of fishing mortality of sprat should be maintained to ensure the sustainability of sprat stocks in the Black Sea. It is therefore appropriate to continue setting an autonomous quota for those stocks.

(27)The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 20 , and in particular to Articles 33 and 34 of that Regulation concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.

(28)In order to promote the use of selectivity of gears and to establish efficient closure areas to protect juveniles and spawners, Regulation (EU) 2022/110 established a compensation mechanism in relation to the effort regime for trawls. As STECF continues to recommend in 2024 the further improvement of selectivity and of efficient closure areas to protect juvenile fish, it is appropriate to allocate pm % of fishing days.

(29)Council Regulation (EC) No 847/96 21   provides for additional conditions for the year-to-year management of TACs including, under its Articles 3 and 4, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when establishing 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. Therefore, to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources, hinder the achievement of the objectives of the Common Fisheries Policy and cause the biological status of stocks to deteriorate, it should be made explicit that Articles 3(2), 3(3) and 4 of Regulation (EC) No 847/96 apply to analytical TACs only where the year to year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used.

(30)In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishers, this Regulation should apply from 1 January 2024. For reasons of urgency, this Regulation should enter into force on the day following that of its publication.