Considerations on COM(2024)408 - Fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas for 2025

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dossier COM(2024)408 - Fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black ...
document COM(2024)408 EN
date January 30, 2025
 
table>(1)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. Article 16(4) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) provides that fishing opportunities are to be fixed in accordance with the objectives of the Common Fisheries Policy (CFP) set out in Article 2(2) of that Regulation. Article 16(1) of Regulation (EU) No 1380/2013 provides that fishing opportunities are to 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.
(2)Therefore, in accordance with Regulation (EU) No 1380/2013, the fishing opportunities should be set on the basis of available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as the opinions expressed during consultations with stakeholders.

(3)At its 47th annual meeting in 2024, the General Fisheries Commission for the Mediterranean (GFCM) adopted Recommendation GFCM/47/2024/1 which establishes long-term management measures for European eel (Anguilla anguilla) as foreseen by Recommendation GFCM/46/2023/16 on a long-term management plan for European eel (GFCM geographical subareas (GFCM GSAs) 1 to 27). Recommendation GFCM/47/2024/1 maintains, for 2025, the six-month closure period for commercial fisheries and a ban on recreational fisheries. Furthermore, that Recommendation limits the commercial fishing activities for glass eels to a period of two months and allows such fishing only under certain conditions. Those measures are to apply to all marine waters of the Mediterranean Sea and to freshwaters, as well as to brackish waters, including estuaries, coastal lagoons and transitional waters, in accordance with that Recommendation. Those measures should be implemented in Union law.

(4)At its 47th annual meeting in 2024, the GFCM adopted Recommendation GFCM/47/2024/2 which establishes long-term measures for the sustainable exploitation of red coral (Corallium rubrum) as foreseen by Recommendation GFCM/43/2019/4 on a management plan for the sustainable exploitation of red coral in the Mediterranean Sea (GFCM GSAs 1 to 27). Recommendation GFCM/47/2024/2 maintains for 2025 the freezing of fishing effort expressed as a maximum number of fishing authorisations and harvest limits for red coral. Those measures should be implemented in Union law.

(5)At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/14 on a multiannual management plan for the sustainable exploitation of common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea (GFCM GSAs 1 to 27). That Recommendation introduced, consistent with the precautionary approach and for the transitional period of 2024 to 2026, a fleet capacity ceiling, a freeze on the capacity of fish aggregating devices (FADs) per vessel and a catch limit. For recreational fisheries, that Recommendation further provides that a daily bag limit is to be observed. Those measures were implemented in Union law for 2024 by means of Council Regulation (EU) 2024/259 (2) and those measures should continue to be implemented in Union law for 2025. Those measures are without prejudice to the management measures that will be proposed by the Scientific Advisory Committee within GFCM for the long-term management plan for the period of 2027 to 2031.

(6)Regulation (EU) 2019/1022 of the European Parliament and of the Council (3) established a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea (GFCM GSAs 1, 2, 5, 6, 7, 8, 9, 10 and 11). That plan sets out targets and measures for the long-term conservation and sustainable exploitation of stocks covered by it. This includes measures 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.

(7)In accordance with Article 4(1) of Regulation (EU) 2019/1022, fishing opportunities for stocks listed in Article 1(2) of that Regulation are to be set in order to achieve fishing mortality at MSY on a progressive, incremental basis by 2020 where possible, and by 1 January 2025 at the latest.

(8)Fishing opportunities for stocks listed in Article 1(2) of Regulation (EU) 2019/1022 should be fixed in accordance with the range of fishing mortality values resulting in maximum sustainable yield (MSY) (ranges of FMSY), or at a lower level, and in accordance with the safeguards provided for in that Regulation. The ranges of FMSY are set out in the relevant STECF advice. Where no adequate scientific information is available, fishing opportunities for stocks referred to in Article 1(2) and Article 1(3) of that Regulation should be fixed in accordance with the precautionary approach to fisheries management, in accordance with Article 4(6) of that Regulation.

(9)Moreover, fishing opportunities are to be expressed as a maximum allowable fishing effort for trawlers and longliners, set in accordance with the fishing effort regime laid down in Article 7 of Regulation (EU) 2019/1022, and as maximum catch limits for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) in deep waters, set in accordance with scientific advice and Article 16(4) of Regulation (EU) No 1380/2013.

(10)STECF advised that, in order to attain the MSY targets in 2025 for all the western Mediterranean fish stocks, further significant reductions of fishing mortality are necessary for trawlers. In addition, STECF indicated differences in the status of the most vulnerable stock in each stock group and considered that the fishing mortality needs to be reduced differently between effort management units (EMU), namely EMU 1 (GFCM GSAs 1, 2, 5, 6 and 7) and EMU 2 (GFCM GSAs 8, 9, 10 and 11). STECF advised that for the most vulnerable stock (European hake (Merluccius merluccius) in EMU 1 and European hake in EMU 2), the fishing mortality reductions should amount to 66 % in EMU 1 and 38 % in EMU 2 in order to reach FMSY in 2025. Based on such advice, for 2025, the maximum allowable fishing effort of trawlers for each fishing effort group should therefore be reduced by 66 % in EMU 1 and by 38 % in EMU 2 taking into account the contributions of each Member State to the fishing mortality and deducted from the maximum allowable fishing effort established for 2024 by Regulation (EU) 2024/259.

(11)In 2024, STECF advised that longliners have an impact on European hake spawners, in particular in GFCM GSAs 8, 9, 10 and 11. STECF also advised that the spawning stock biomass of European hake in GFCM GSAs 1, 5, 6 and 7 and in GFCM GSAs 8, 9, 10 and 11 is still below the conservation limit reference point (BLIM) within the meaning of Article 2(10) of Regulation (EU) 2019/1022 and that fishing mortality should be reduced by 66 % in GFCM GSAs 1, 2, 5, 6 and 7 and 38 % in GFCM GSAs 8, 9, 10 and 11 in order to reach FMSY in 2025. In GFCM GSAs 1, 2, 5, 6 and 7, it is therefore appropriate to maintain, for 2025, the maximum allowable fishing effort for longliners at the levels set for 2024 by Regulation (EU) 2024/259, on the basis of Article 7(5) of Regulation (EU) 2019/1022. In GFCM GSAs 8, 9, 10 and 11, it is appropriate to reduce, for 2025, the maximum allowable fishing effort for longliners by 13 % in comparison with the maximum allowable fishing effort set for 2024 by Regulation (EU) 2024/259, on the basis of Article 7(5) of Regulation (EU) 2019/1022.

(12)In 2024, STECF advised that the fishing mortality of blue and red shrimp in GFCM GSAs 1, 2, 5, 6 and 7 remains far from sustainable levels and that further management measures are thus required in addition to fishing effort reduction. In particular, STECF advised that, in order to reach FMSY in 2025, catches should be reduced on average by 50 %, and specifically by 25 % in GFCM GSAs 1 and 2, by 64 % in GFCM GSA 5 and by 62 % in GFCM GSAs 6 and 7. In continuation of the measures adopted in 2022, 2023 and 2024 and in accordance with Article 16(4) of the Regulation (EU) No 1380/2013, it is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits for blue and red shrimp in GFCM GSAs 1, 2, 5, 6 and 7 should be reduced by 10 % compared to the fishing opportunities set for 2024 by Regulation (EU) 2024/259.

(13)In 2024, STECF advised that further management measures for blue and red shrimp in GFCM GSAs 8, 9, 10 and 11 are required in addition to fishing effort reduction and advised decreasing the total catch by 18 %. It is therefore appropriate to complement the fishing effort regime with maximum catch limits, in continuation of the measures adopted in 2022, 2023 and 2024 and in accordance with Article 16(4) of Regulation (EU) No 1380/2013. The maximum catch limits for blue and red shrimp in GFCM GSAs 8, 9, 10 and 11 should be reduced by 6 % compared to the fishing opportunities set for 2024 by Regulation (EU) 2024/259.

(14)In 2024, STECF advised that further management measures for giant red shrimp in GFCM GSAs 8, 9, 10 and 11 are required in addition to fishing effort reduction and advised decreasing the total catch by 29 %. It is therefore appropriate to complement the fishing effort regime with maximum catch limits, in continuation of the measures adopted in 2022, 2023 and 2024 and in accordance with Article 16(4) of the Regulation (EU) No 1380/2013. The maximum catch limits of giant red shrimp in GFCM GSAs 8, 9, 10 and 11 should be reduced by 6 % compared to the fishing opportunities set for 2024 by Regulation (EU) 2024/259.

(15)In order to promote the use of selectivity of fishing gear and to establish efficient closure areas to protect juveniles and spawners, Council Regulation (EU) 2022/110 (4) established a compensation mechanism in relation to the effort regime for trawlers. As STECF continues to recommend for 2025 the further improvement of selectivity of fishing gear and of efficiency of closure areas to protect juvenile fish and spawners, and as those measures have a demonstrated impact on the fishing effort, Member States should be able to allocate additional fishing days to a vessel if the vessel complies with at least one of such measures set at national level. The Member State concerned shall not allocate additional fishing days that would result in exceeding the level of fishing effort set for the relevant fishing effort group by Regulation (EU) 2024/259.

(16)In accordance with Article 6 of Regulation (EU) 2019/1022, where scientific advice shows that the spawning stock biomass of any of the stocks referred to in Article 1(2) of that Regulation is below the precautionary biomass reference point (BPA), or is below the limit biomass reference point (BLIM), remedial measures are to be taken to ensure the rapid return of the stocks to levels above those capable of producing MSY.

(17)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 in the Adriatic Sea (GFCM GSAs 17 and 18), 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. Those measures that relate to 2025 should be implemented in Union law.

(18)At its 47th annual meeting in 2024, the GFCM adopted Recommendation GFCM/47/2024/4 on a long-term fishing regime and the establishment of catch limits in 2025 for small pelagic stocks in the Adriatic Sea (GFCM GSAs 17 and 18), stemming from Recommendation GFCM/44/2021/20. Recommendation GFCM/47/2024/4 established for 2025 the separate level of catches for anchovy and sardines, stemming from the implementation of the new harvest control rules. The distribution between the Member States is based on the historical catches of each Member State. Those measures should be implemented in Union law.

(19)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 GSAs 17 and 18), which introduced a fishing effort regime and a fleet capacity ceiling for certain demersal stocks. Those measures that relate to 2025 should be implemented in Union law.

(20)At its 47th annual meeting in 2024, the GFCM adopted Recommendation GFCM/47/2024/5 on the implementation of a fishing effort regime for key demersal stocks in the Adriatic Sea (GFCM GSAs 17 and 18) in 2025, stemming from Recommendation GFCM/43/2019/5. Recommendation GFCM/47/2024/5 provides for a global reduction of the fishing effort regime for otter-trawlers by 5,2 % and a roll-over of the 2024 effort levels for beam-trawlers. In order to implement those measures into Union law, 5,2 % should therefore be deducted from the maximum allowable fishing effort for otter-trawlers set for 2024 by Regulation (EU) 2024/259 and the maximum allowable fishing effort for beam-trawlers should be kept at 2024 levels.

(21)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 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.

(22)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 (GFCM GSAs 12 to 16), repealing Recommendations GFCM/44/2021/12 and GFCM/42/2018/5. Recommendation GFCM/45/2022/4 introduced an effort regime for European hake and catch limits for deep-water rose shrimp (Parapenaeus longirostris), as well as a fishing capacity freeze. For 2025, Recommendation GFCM/45/2022/4 provides for a freeze in the fishing effort at the 2024 level and a reduction of 3 % of the catch limits for deep-water rose shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum catch limits for deep-water rose shrimp set for 2024 by Regulation (EU) 2024/259.

(23)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 (GFCM GSAs 12 to 16), 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 2025, 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 catch limits for giant red shrimp and blue and red shrimp set for 2024 by Regulation (EU) 2024/259.

(24)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 (GFCM GSAs 19 to 21), 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 2025, 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 catch limits for giant red shrimp and blue and red shrimp set for 2024 by Regulation (EU) 2024/259.

(25)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 (GFCM GSAs 24 to 27), repealing Recommendations GFCM/44/2021/6 and GFCM/42/2018/3. Recommendation GFCM/45/2022/7 introduced a catch limit and a fishing capacity freeze. For 2025, 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 catch limits for giant red shrimp and blue and red shrimp set for 2024 by Regulation (EU) 2024/259.

(26)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 (Pagellus bogaraveo) in the Alboran Sea (GFCM GSAs 1 to 3), repealing Recommendations GFCM/44/2021/4, GFCM/43/2019/2 and GFCM/41/2017/2. Those measures should be implemented in Union law.

(27)At its 47th annual meeting in 2024, the GFCM adopted Recommendation GFCM/47/2024/3 on the adoption of additional remedial measures for blackspot seabream in the Alboran Sea (GFCM GSAs 1 to 3), amending Recommendation GFCM/45/2022/3. Recommendation GFCM/47/2024/3 introduced a reduction of 30 % of the catch limits for 2025. In order to implement those measures in Union law, 30 % should therefore be deducted from the maximum level of catches set for 2024 by Regulation (EU) 2024/259.

(28)Based on the scientific advice provided by the GFCM Working Group for the Black Sea, the current level of fishing mortality of sprat (Sprattus sprattus) should be maintained to ensure the sustainability of sprat stocks in the Black Sea (GFCM GSA 29). It is therefore appropriate to continue setting an autonomous quota for this stock.

(29)At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot (Scophthalmus maximus) fisheries in the Black Sea (GFCM GSA 29). Recommendation GFCM/43/2019/3 introduced an updated regional total allowable catch (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, those further conservation measures are functionally linked to the fishing opportunities, as, without those measures in place, the TAC level for turbot would have to be reduced to ensure its recovery. Those measures should be implemented in Union law.

(30)At its 47th annual meeting in 2024, the GFCM adopted Recommendation GFCM/47/2024/8 on a multiannual management plan for turbot fisheries in the Black Sea (GFCM GSA 29), amending Recommendations GFCM/43/2019/3 and GFCM/41/2017/4. Recommendation GFCM/47/2024/8 established the TAC for turbot for the period of 2025 to 2028. Those measures should be implemented in Union law.

(31)At its 47th annual meeting in 2024, the GFCM approved a carry-over of the unused Union quota for turbot in 2023, in view of the exceptional situation created by the regional context in the Black Sea. That measure should be implemented in Union law. The distribution of the fishing opportunities arising from that under-utilisation should be carried out on the basis of the respective contribution of each Member State towards the under-utilisation, without modifying the distribution key established by Regulation (EU) 2024/259 concerning the annual allocation of TACs.

(32)The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (5), and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing efforts 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 relating to landings of stocks subject to this Regulation to the Commission.

(33)Council Regulation (EC) No 847/96 (6) provides for additional conditions for the year-to-year management of TACs and quotas, including under Articles 3 and 4 thereof, and 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. Moreover, Article 15(9) of Regulation (EU) No 1380/2013 provides for further year-to-year flexibility for all stocks that are subject to the landing obligation. Therefore, in order to avoid excessive flexibility that would hinder the achievement of the objectives of the CFP and cause the biological status of stocks to deteriorate, it should be made explicit that the year-to-year flexibility provided for in Articles 3 and 4 of Regulation (EC) No 847/96 and the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 do not apply cumulatively. Finally, the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 should, where relevant, be excluded on the basis of the biological status of stocks.

(34)In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishers, this Regulation should apply from 1 January 2025. For reasons of urgency, this Regulation should enter into force on the day following that of its publication,