Regulation 2021/91 - Council Regulation 2021/91 fixing, for the years 2021 and 2022, the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks - Main contents

EN

Official Journal of the European Union

L 31/20

Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on the fixing and allocation of fishing opportunities.

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) requires that conservation measures be adopted 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).

It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be allocated among Member States in such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy (CFP) established by Regulation (EU) No 1380/2013.

The total allowable catches (‘TACs’) should be established on the basis of available scientific advice from the International Council for the Exploration of the Sea (ICES), taking into account biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, and in particular the advisory councils concerned.

For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in point (8) of Article 4(1) of Regulation (EU) No 1380/2013, while taking into account stock-specific factors, including, in particular, available information on stock trends and mixed fisheries considerations.

Pursuant to Article 16(4) of Regulation (EU) No 1380/2013, for stocks subject to specific multiannual plans the TACs should be established in accordance with the rules laid down in those plans. The Western Waters multiannual plan was established by Regulation (EU) 2019/472 of the European Parliament and of the Council (2) and entered into force in 2019. Since the ranges of FMSY cannot be determined for any of the stocks which are covered by this Regulation and which fall within the scope of the Western Waters multiannual plan, fishing opportunities for those stocks should be fixed in accordance with the objectives of that plan and taking into account the best available scientific advice as well as the precautionary approach to fisheries management when no adequate scientific information is available, while also taking into account the difficulty of fishing all stocks at maximum sustainable yield (MSY) at the same time, especially in situations where that leads to a premature closure of the fishery.

Where a TAC relating to a stock is allocated to one Member State only, it is appropriate to empower that Member State, in accordance with Article 2(1) of the Treaty, to determine the level of such TAC. Provisions should be made to ensure that, when fixing that TAC level, the Member State concerned act in a manner fully consistent with the principles and rules of the CFP.

For certain TACs, shared quotas are available for Member States without an...