Explanatory Memorandum to COM(2012)608 - Proposal for fixing for 2013 the fishing opportunities for certain fish stocks which are not subject to international negotiations or agreements - Main contents
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| dossier | COM(2012)608 - Proposal for fixing for 2013 the fishing opportunities for certain fish stocks which are not subject to international ... |
|---|---|
| source | COM(2012)608  |
| date | 23-10-2012 |
All fishing opportunities regulations must limit the harvesting of the fish stocks to levels which must be consistent with the overall objectives of the Common Fisheries Policy (CFP). In this respect, Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy sets out the objectives for the annual proposals for catch and fishing effort limitations to ensure that Union fisheries are ecologically, economically and socially sustainable.
The fishing opportunities exercise represents an annual management cycle (biennial in the case of deep sea stocks). However, this does not stand in the way of the introduction of long-term management approaches. The Union has made good progress in this regard and key stocks of commercial interest are now subject to multi-annual management plans. Yearly TACs and effort ceilings must comply with them.
This proposal covers the stocks in the Atlantic and the North Sea for which the Union decides autonomously what exploitation level must be set. Fishing opportunities resulting from Regional Fisheries Management Organisations (RFMOs) or negotiated in consultations with Norway and other third countries (shared stocks) are to be dealt with later in the year, when the results of the relevant international negotiations become available.
The Commission has, for seven years now, published a Communication that reviews the state of the situation to which the fishing opportunities proposals must respond. This year, the Communication from the Commission concerning a Consultation on Fishing Opportunities for 2013 (COM(2012)278 final, hereinafter 'Commission Consultation on Fishing Opportunities') provides an overview of the state of the stocks based on the findings of the scientific advice issued in 2011. The Communication thus reports that 65% of fish stocks in EU waters are not fully assessed. It also signals some trends that are of concern, notably a decrease in the proportion of stocks within safe biological limits, but also some positive ones: where the state of stocks has been assessed, they seem to be improving slowly. In the Atlantic and nearby areas, the proportion of overfished stocks has fallen almost by half, down to around 47% from 94% in 2004.
Scientific advice is essentially dependent on data: only stocks for which there is sufficient and reliable data can be fully assessed, so that size estimates are produced, as well as a forecast of how they will react to the various exploitation scenarios (this is referred to as 'catch options tables'). In these cases, the advice is able to provide estimates of adjustments to the fishing opportunities that will bring the stock to produce its maximum sustainable yield (MSY). The advice is then referred to as 'MSY advice'.
In early July 2012, and in response to the Commission's request, the International Council for the Exploration of the Seas (ICES) provided its annual advice on most fish stocks covered by this proposal. This advice was reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) at its summer plenary, 9 to 13 July. The outlook that arises from this latest advice is noteworthy, as it suggests there have been significant steps forward in terms of the knowledge of the stocks and of the scientific's bodies ability to assess them. Just for the 83 stocks covered by this proposal, the improvement of the knowledge base for management can be summarised by noting that of the 55 stocks for which only qualitative advice due to data limitations was issued last year, 8 have moved to MSY advice. A further 24 of those stocks are now covered by quantitative advice that makes use of the data available and of indicators and trends. So the influence of data-poor situations has been much reduced this year. This is partly due to the efforts made to overcome data deficiencies, inlcuding by the stakeholders, and partly due to the efforts of the scientists themselves to develop methods that make the best use of the data available.
The increase in stocks covered by MSY advice in this proposal is also very important. They are now 20, representing a quarter of all the stocks covered by this proposal. These figures almost double last year statistics (12 stocks). This is a marked step forward in the availability of scientific advice to support the objective of ensuring optimal utilisation of the fisheries resources in EU waters this year, as this group of stocks includes those with the greatest economic value, such as hake, cod, anglerfish, sole, megrims, haddock and Norway Lobster.
The proposed fishing opportunities respond to the scientific advice received by the Commission as to the state of the stocks, which has been used in the manner outlined in the Communication from the Commission concerning a Consultation on Fishing Opportunities for 2013 (COM(2012)278 final).
The measures proposed are designed in accordance with the objectives and the rules of the Common Fisheries Policy and are consistent with the Union's policy on sustainable development.
Contents
- RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATION
- Grounds and objectives
- Scope
- Situation of the stocks
- Consistency with other policies and objectives of the Union
- Consultation of interested parties
- Member States
- South Western Waters RAC (SWWRAC)
- North Western Waters RAC (NWWRAC)
- Pelagic RAC (PELRAC)
- North Sea RAC (NSRAC)
- Collection and use of expertise
- Impact assessment
- Legal basis
- Summary of the proposal
- Application
- Subsidiarity principle
- Proportionality principle
- Choice of instruments
- 5. ADDITIONAL INFORMATION
- Review/revision/sunset clause
- Detailed explanation of the proposal
(a) Consultation methods, main sectors targeted and general profile of respondents
The Commission has consulted stakeholders, in particular through the Regional Advisory Councils (RACs), and Member States on its proposed approach to its various fishing opportunities proposals on the basis of its Consultation on Fishing Opportunities for 2013.
In addition, the Commission has followed the orientations outlined in its Communication to the Council and European Parliament on improving consultation on Community fisheries management (COM(2006)246 final), which sets out the principles for the so called front-loading process.
In the framework of the frontloading process, the Commission developed two consultation papers on specific topics relevant for this proposal, namely:
– Seabass: the possibility of creating a new TAC for seabass (Dicentrarchus labrax), given the increase since the early 1990s in the exploitation of this species and uncertainties regarding its abundance in certain areas.
– Flatfish reporting: scientific advic suggests that it may be appropriate to adopt separate management measures for the 3 combined flatfish TACs in the North Sea (dab and flounder, lemon sole and witch, and turbot and brill).
These frontloading documents were submitted to Member States to provide them with an opportunity for feedback. Furthermore, the Commission organised an event for stakeholders in September 2012, at which the outcomes of the scientific advice and its key implications were presented and discussed.
(b) Summary of responses and how they were taken into account
Whereas the frontloading process is focused on technical aspects, the response to the Commission Consultation on Fishing Opportunities mentioned above reflects the views of Member States and stakeholders on the evaluation made by the Commission of the state of the resources and how to ensure the appropriate management response.
While welcoming some positive aspects in the Commission Consultation, Member States highlighted that the MSY target should be reached in a gradual way (the target date of 2015 where possible, not for all stocks), that multiannual management plans must indeed be followed when they regulate any given stock. As regards stock where there is little or no advice, Member States favoured a case-by-case approach or a rollover of the TAC levels from year to year.
The SWWRAC welcomed the scientific work leading to quantitative advice for stocks without population estimates – the so-called data-limited stocks. It also continued to support the development of multiannual management plans and asked for the participation of stakeholders in all stages of the process. The SWWRAC regretted the lack of precision underliying the methodology to be used for fixing fishing opportunities for data-limited stocks or for stocks where no scientific advice is available. Finally, the SWWRAC stressed the importance of taking into account socioeconomic considerations when fixing fishing opportunities for 2013 and stated that, although MSY by 2015 is an objective supported by the SWWRAC, its achievement should be delayed, when possible, so as to minimise negative socioeconomic impacts.
The NWWRAC welcomes the fact that the Commission Consultation recognises a general improvement in the stocks for which there is sound scientific advice. It deplores, however, the fact that a more solid socio-economic analysis has not been carried out. As regards scientific advice, the NWWRAC requests clarifications regarding the application of ICES precautionary margins for data-limited stocks or for stocks where no scientific advice is available; the NWWRAC is concerned about how this methodology will impact on TAC levels proposed by the Commission for 2013. NWWRAC expresses concerns regarding the transition to fishing mortality at MSY levels and how this will be implemented in practice. The NWWRAC considers technical measures and selectivity to be the right tools for this, as opposed to effort and quota reductions. As regards multiannual management plans, the NWWRAC recalls that it has assisted ICES with the development of plans for the West of Scotland haddock and is now working on developing the concept of mixed-fisheries for demersal species in both the West of Scotland and part of the Celtic and the Irish seas.
The PELRAC did not react directly to the Commission Consultation, but instead has been producing, during 2012, specific inputs on how the RAC would wish to deal with the various stocks within its remit, e.g. boarfish, herring and southern horse mackerel, blue whiting. A central point is the PELRAC’s willingness to propose management plans for those stocks, in close collaboration with ICES and STECF.
The NSRAC generally welcomed the Commission Consultation paper as an improvement on previous years, and specially the Commission’s effort to establish a new approach for setting TACs where full quantitative advice is not available and where data is limited. Notwithstanding these positive features, the NSRAC also believed the tone and wording of some parts of the text were too pessimistic.The Commission has considered all submissions mentioned above and, within the limits of what is compatible with the nature of a Council regulation on fishing opportunities, has tried to integrate them.
As for the methodology used, the Commission consulted two main expert organisations: ICES, an international independent scientific body, and STECF. Advice from ICES is based on an advice framework developed by its scientists and used in accordance with the Memorandum of Understanding agreed with the Commission. The STECF gives its advice following terms of reference that it receives from the Commission.
(a) Summary of advice received and used
The ultimate objective of the Union is to bring the stocks to levels that can deliver Maximum Sustainable Yield (MSY).The question lies on how to ensure that this is achieved in 2015 at the latest, as the Union committed to do when it subscribed to the conclusions of the 2002 World Summit on Sustainable Development in Johannesburg and its related Plan of Implementation. The first consideration is whether this is actually feasible. If the required information on the stocks is available from scientific advice, the answer to that question is positive. As already noted, the number of stocks for which this information is indeed available has doubled compared to last year, so the grounds for making the Johannesburg commitment effective are laid for a full quarter of stocks covered by this proposal. Among these figure the most important stocks in terms of volume of catches and commercial value such as hake, cod, anglerfish, sole, megrims, haddock and Norway lobster.
Reaching the MSY objective may, in certain cases, need a reduction in fishing mortality rates and/or a reduction in catches. However, it remains within the remit of managers to decide how fast or how gradually these reductions must take place. The two basic options identified in this context are a) achieving fishing mortality rates below MSY level as soon as possible (i.e. in 2013) or b) achieving these rates in 2015 (i.e. a gradual reduction over the next 3 years). ICES refers to these two scenarios as, respectively, 'MSY framework' advice and 'MSY transition' advice. Relevant catch options are provided in the advice for each scenario, and also for intermediate values. For each stock, however, ICES marks a preference for one scenario or the other.
Against this background, this proposal makes use of the MSY advice, where available, by proposing TACs consistent with reductions in fishing mortality that achieve the MSY objective in 2013. This approach is consistent with the Commission Consultation on Fishing Opportunities.
For stocks subject to qualitative advice, recommendations are given as to whether to reduce, stabilise or allow catches to increase. ICES advice has in many cases provided quantitative guidance about such variations, based on their methodology of a 20% maximum change in catches either up or down, on precautionary grounds. This guidance has has been used to set the TACs proposed.
Where there is no scientific advice at all, the precautionary approach has been followed, meaning precautionary TAC reductions by 20%.
For 12 stocks (mainly widely distributed stocks, sharks and rays) the advice will be issued in the autumn. This proposal will need to be updated as appropriate once that advice is received. For 9 stocks, the advice is used for the purpose of implementing applicable management plans or agreed harvest control rules.
In terms of the actual trends seen in the evolution of the stocks, the following cases may be highlighted:
· Norway Lobster in the West of Scotland has several of its functional units at MSY levels and the overall TAC can support an increase by 18%.
· Plaice in the Channel: the stock in the eastern area is at MSY and the TAC, combined with the western channel stock can be raised by 18%.
· Cod in the Celtic Sea: this stock is at MSY levels and the fishing opportunities can remain stable at the current high levels, following a substantial increase last year.
· Sole in the Celtic Sea is at MSY levels and can sustain an increase of the fishing opportunities by 4%
· Sole in the Western Channel is at MSY level and under its management plan can support an increase in fishing opportunities by 15%
As to less positive trends, the following should be highlighted:
· Cod and Whiting in the West of Scotland: these stocks are subject to extremely high rates of discarding of their by-catch in other fisheries and have clearly failed to recover. Efforts are being made this year by the industry and the Member States concerned to ensure use of selective gears in these fisheries, and it is important that these efforts are sustained and intensified if these stocks are to be saved from total commercial collapse.
· Cod in the Irish Sea and in the Kattegat continue to be in a data-poor situation and subject to the mandatory TAC reductions by 25% imposed by their plan. None of the possible indicators looked at by the scientific bodies suggest there is any substantial improvement in their state despite successive reductions over the last 4 years.
· Haddock in the Celtic Sea is now subject to MSY advice and this is positive. However, in order to achieve MSY for this stock, it is necessary to bring down the catch limit, which was set too high last year. A reduction by 55% is required to this end. In parallel, selectivity measures are being put in place by the Commission with stakeholder input.
· Sole in the Bay of Biscay is a similar case to haddock in the Celtic Sea: a cut in fishing opportunities is needed this year in order to take the stock to MSY. The proposal is for a 29% TAC reduction.
· Sole in the Irish Sea is deemed to be extremely low and the advice now recommends that there should be no directed fisheries for this stock and that by-catches should be minimised. The MSY advice for this resource implies a reduction in the TAC – which should indeed only cover by-catches) by 80% to a mere 60 tonnes.
STECF confirms, and has in some cases developes on, the advice provided by ICES.
(b) Means used to make the expert advice publicly available
All STECF reports are available, after formal adoption by the Commission, on the DG MARE website. All ICES reports are available on ICES' website.
The fishing opportunities regulation is not an instrument that allows the Council to adopt complex packages of measures, and must limit itself to the scope set by Article 43 i of the Treaty. It is therefore well adapted to a management by results approach. If the policy, as a whole, works better, then the annual fishing opportunities will improve. This includes, in particular, technical measures, fleet management, structural support, control and enforcement, markets regulation and integration of management tools into a comprehensive maritime policy. It remains, however, necessary to use this instrument to make adjustments necessary to conserve the resource base for the European harvesting and processing industry, and prevent or correct negative impacts of a too high fishing mortality on the marine environment.
The Union has adopted a number of multi-annual management plans for stocks of key economic importance, including hake, cod, flatfish and others. Before their adoption, such plans are subject to the requirement of an Impact Assessment. Once in force, they determine the TAC levels that must be fixed for the given year in order to attain their long-term objectives. The Commission is bound to make its proposal for TACs in accordance with these plans. As a result, many crucial TACs included in the proposal are the result of the specific Impact assessment carried out for the plan they are based upon.
For the remainder, and despite the fact that multi-annual plans are not in force for the relevant stocks, the proposal seeks to avoid short-term approaches in favour of longer-term sustainability decisions. In many cases, this entails a more gradual reduction in fishing opportunities.
The policy towards MSY that underlies the Commission’s long-term management approach has been the subject of a detailed analysis and impact assessment in the framework of the reform of the CFP, a process which materialised in the tabling of a package of proposals on 13 July 2011. The desirability to reach management of stocks consistent with MSY in the mid term has been specific subject of analysis in this context: the Impact Assessment report (SEC(2011) 891) identifies this objective as a necessary condition to achieve environmental, economic and social sustainability.
The analysis shows that achieving MSY by the target date implies short term economic and social costs. However, such costs pay off clearly in the medium term. The analysis, however, also shows clearly the crucial and urgent need to improve the knowledge base if the CFP is to be successful. This need affects both the data required for scientific advice on the state of the stocks and the data required to assess and influence the economy and social aspects of the activity. It is in light of this analysis that the current proposal seeks already to move in the right direction with complementary and coherent approaches. First, the proposal pursues the MSY objective decisively when the science basis to do so is available, making thus the best use possible of the scientific advice. Second, for stocks for which management by MSY cannot be implemented for lack of full assessment, the proposal takes an approach based on precautionary considerations and the guidance provided in the advice. Reducing the need for precautionary measures means, in essence, reducing the uncertainty in the advice. Much progress in this regard has been achieved over the last 12 months, but more still needs to be done. The national administrations concerned and the stakeholders must renew their efforts to collect and provide to the scientists the necessary data.
The legal basis of this proposal is Article 43 i of the Treaty on the Functioning of the European Union.
The Union's obligations for sustainable exploitation of living aquatic resources arise from obligations set out in Article 2 of Regulation (EC) No 2371/2002.
The proposal establishes the catch and effort limitations applicable to Union fisheries in order to achieve the CFP's objective of ensuring fisheries at levels that are environmentally, economically and socially sustainable.
The provisions in the area of the proposal are applicable until 31 December 2013, with the exception of certain provisions on effort limitations which are applicable until 31 January 2014.
The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of the Treaty. The subsidiarity principle therefore does not apply.
The proposal complies with the proportionality principle for the following reason: the CFP is a common policy. According to Article 43 i of the Treaty it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities.
The proposed Council Regulation allocates fishing opportunities to Member States. Having regard to Article 20 i of Regulation 2371/2002, Member States are free to allocate in turn such opportunities among regions or operators as they see fit. Therefore, Member States have ample room for manoeuvre on decisions related to the social/economic model of their choice to exploit their allocated fishing opportunities.
The proposal has no new financial implications for Member States. This Regulation is adopted by Council every year, and the public and private means to implement it are already in place.
Proposed instrument: Regulation.
The proposal has no implication for the Union budget.
Simplification
The proposal provides for simplification of administrative procedures for public authorities (Union or national), in particular as regards requirements regarding the effort management.
The proposal concerns an annual Regulation for the year 2013 and therefore does not include a revision clause.
This proposal is limited to the fixing and allocation of fishing opportunities and conditions functionally linked to the use of those opportunities.
For a number of stocks, such as for example hake, sole, plaice and Norway lobster, the fishing opportunities have been established on the basis of the rules laid down in the relevant multi-annual plans. For those stocks for which new multi-annual plans have been proposed (the western stock of horse mackerel), as well as for those stocks for which the industry has proposed a long-term management strategy which has been assessed as effective and precautionary by scientific advisory bodies (herring in the Celtic Sea), the proposal follows the rules laid down therein.
As regards cod stocks in the Kattegat, the advice notes the uncertainty regarding mortality, but the stock size is significantly low. The applicable management plan for the cod stocks i caters for these cases with a TAC reduction of 25%. The same provisions are applicable to cod in the Irish Sea, so here a 25% reduction is also proposed. As regards cod in the West of Scotland, efforts have been made by the scientific bodies to process the data made available to estimate the fishing mortality currently inflicted on this stock. The advice suggests extremely high discarding of cod is taking place in the West of Scotland, even if quantifying discards remains challenging. While redoubling efforts to verify the data in question, it is clearly necessary to maintain the measures currently in force, namely a zero TAC, accompanied by a limited allowance to land unavoidable by-catches. In parallel, the Commission continues working with the Member States concerned to introduce more selective gears in this fishery.
As for fishing opportunities set in this regulation in terms of fishing effort, these concern cod stocks, sole in the Western Channel and southern hake and Norway lobster and are regulated by the respective management plan for each stock. In the case of southern hake and Norway lobster and of Western Channel sole, the system of management of days at sea per type of vessel having a track record in the fishery will continue to apply during 2013, but the proposed regulation will continue to allow Member States to apply a system by kilowatt days in order to make a more efficient use of fishing opportunities and to stimulate conservation practices in agreement with the fishing sector.
Finally, this regulation provides, for the third time in the annual fishing opportunities regulatory exercise, for the adoption of certain TACs by Member States themselves, albeit under an obligation to act in conformity with the objectives of the CFP.