Considerations on COM(2024)183 - Amendment of Regulation 2023/2124 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area

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(1) The Agreement for the establishment of the General Fisheries Commission for the Mediterranean (“the GFCM Agreement”) provides an appropriate framework for multilateral cooperation to promote the development, conservation, rational management and best utilisation of living marine resources in the Mediterranean and the Black Sea at levels which are considered sustainable and at low risk of collapse.

(2) The European Union, as well as Bulgaria, Cyprus, Croatia, France, Greece, Italy, Malta, Romania, Slovenia and Spain are contracting parties to the GFCM Agreement.

(3) Recommendations adopted by the General Fisheries Commission for the Mediterranean (GFCM) are binding on its contracting parties. Those recommendations are thus binding on the Union and should therefore be implemented into Union law unless their content is already covered thereby. The Union is to ensure that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law, while promoting fair competition between Union operators and third-country operators.

(4) For those reasons and since the permanent character of recommendations requires also a permanent legal instrument for their implementation into Union law, it is appropriate to implement those recommendations by means of a legislative act, ensuring legal clarity and predictability for Union operators in waters covered by the GFCM.

(5) Regulation (EU) 2023/2124 of the European Parliament and of the Council4 lays down certain provisions for fishing in the General Fisheries Commission for the Mediterranean ("GFCM") Agreement area. It is the legislative act for the implementation of the GFCM recommendations.

(6) This Regulation should implement into Union law the measures laid down in the following recommendations which are not yet covered by Union law.

(7) At its annual session in 2021, the GFCM adopted Recommendation GFCM/44/2021/2 on the establishment of a fisheries restricted area in the jabuka/pomo pit in the Adriatic sea, amending Recommendation GFCM/41/2017/3 and Recommendation GFCM/44/2021/5 on the establishment of a fisheries restricted area in the gulf of lion to protect spawning aggregations and deep-sea sensitive habitats, repealing Recommendation GFCM/33/2009/1.

(8) At its annual session in 2021, the GFCM also adopted Recommendation GFCM/44/2021/9 on management measures for the sustainable exploitation of sprat in the Black Sea and Recommendation GFCM/44/2021/10 on management measures for the sustainable piked dogfish fisheries in the Black Sea.

(9) At its annual session in 2021, the GFCM also adopted Recommendation GFCM/44/2021/13 on the mitigation of fisheries impacts for the conservation of seabirds in the Mediterranean Sea, Recommendation GFCM/44/2021/14 on the mitigation of fisheries impacts for the conservation of sea turtles, Recommendation GFCM/44/2021/15 on the mitigation of fisheries impacts for the conservation of cetaceans and Recommendation GFCM/44/2021/16 on additional mitigation measures for the conservation of elasmobranchs in the Mediterranean Sea.

(10) At its annual session in 2021, the GFCM also adopted Recommendation GFCM/44/2021/17 on a catch certificate scheme for turbot in the Black Sea.

(11) At its annual session in 2021, the GFCM also adopted Recommendation GFCM/44/2021/19 on the establishment of a list of vessels presumed to have carried out illegal, unreported and unregulated fishing, repealing Recommendation GFCM/43/2019/8. Council Regulation (EC) No 1005/2008 11 5 only partly covers the content of that recommendation.

(12) At its annual session in 2021, the GFCM also adopted Recommendation GFCM/44/2021/20 on a multiannual management plan for the sustainable exploitation of small pelagic stocks in the Adriatic Sea.

(13) At its annual session in 2022, the GFCM adopted Recommendation GFCM/45/2022/1 on a multiannual management plan for European eel in the Mediterranean Sea, amending Recommendation GFCM/42/2018/1.

(14) At its annual session in 2022, the GFCM also adopted Recommendation GFCM/45/2022/2 on a management plan for the sustainable exploitation of red coral in the Mediterranean Sea, amending Recommendation GFCM/43/2019/4.

(15) At its annual session in 2022, the GFCM also adopted Recommendation GFCM/45/2022/3 on a multiannual management plan for the sustainable exploitation of blackspot seabream in the Alboran Sea, repealing Recommendations GFCM/44/2021/4, GFCM/43/2019/2 and GFCM/41/2017/2.

(16) At its annual session in 2022, the GFCM also adopted Recommendation GFCM/45/2022/4 on a multiannual management plan for the sustainable exploitation of demersal stocks in the Strait of Sicily, repealing Recommendations GFCM/44/2021/12 and GFCM/42/2018/5.

(17) At its annual session in 2022, the GFCM also 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 repealing Recommendations GFCM/44/2021/7 and GFCM/43/2019/6.

(18) At its annual session in 2022, the GFCM also 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, repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4.

(19) At its annual session in 2022, the GFCM also adopted Recommendation GFCM/45/2022/7 on a multiannual management plan for sustainable demersal trawl fisheries targeting giant red shrimp and blue and red shrimp in the Levant Sea, repealing Recommendation GFCM/42/2018/3.

(20) At its annual session in 2022, the GFCM adopted Recommendation GFCM/45/2022/12 on the establishment of a set of minimum rules for sustainable recreational fisheries in the Mediterranean Sea.

(21) At its annual session in 2022, the GFCM also adopted Recommendation GFCM/45/2022/11 on the establishment of a set of minimum standards for fisheries restricted areas in the GFCM area of application.

(22) At its annual session in 2022, the GFCM also adopted Recommendation GFCM/45/2022/14 on the regulation of transshipment in the GFCM area of application.

(23) At its annual session in 2022, the GFCM also adopted Recommendation GFCM/45/2022/15 and Recommendation GFCM/45/2022/16 on international joint inspection and surveillance schemes outside the waters under national jurisdiction in the Strait of Sicily and in the Ionian Sea.

(24) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [date] 12 6.

(25) Implementing powers should be conferred on the Commission in order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of cooperation and exchange of information with the GFCM Secretariat and in respect of the format and transmission of applications for carrying over lost days due to bad weather in the closed season for dolphinfish fisheries and the report on such carrying over; and the report in the context of collecting data on dolphinfish fisheries. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

(26) In order to ensure that the Union continues to fulfil its obligations under the GFCM Agreement, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the implementation into Union law of amendments, which have become binding on the Union, to existing GFCM measures which have already been implemented into Union law, as regards the transmission to the GFCM Secretariat of the list of authorised vessels for the purpose of the GFCM Register; the derogations to conservation measures for red coral; the implementation of the permanent catch documentation scheme (CDS) for red coral and  for turbot; port state measures; the table, map and geographic coordinates of the GFCM geographical subareas; port state inspection procedures for vessels; transhipment declaration; sighting report and GFCM statistical matrices. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 13 7. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(27) Regulation (EU) 2023/2124 should therefore be amended accordingly.