Explanatory Memorandum to COM(2019)380 - Fixing for 2020 of the fishing opportunities applicable in the Baltic Sea and amendment of Regulation (EU) 2019/124, as regards certain fishing opportunities in other waters - Main contents
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| dossier | COM(2019)380 - Fixing for 2020 of the fishing opportunities applicable in the Baltic Sea and amendment of Regulation (EU) 2019/124, as ... |
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| source | COM(2019)380  |
| date | 30-08-2019 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
In accordance with Regulation (EU) No 1380/2013 of 11 December 2013 on the Common Fisheries Policy (CFP), the exploitation of living marine biological resources shall restore and maintain populations of harvested species above levels which can produce the maximum sustainable yield (MSY). One important tool in this respect is the annual fixing of fishing opportunities in the form of total allowable catches (TACs) and quotas.
Regulation (EU) 2016/1139 of 6 July 2016 establishing a multiannual management plan for the stocks of cod, herring and sprat in the Baltic sea and the fisheries exploiting those stocks further specifies the values of fishing mortalities expressed as ranges which are used in this proposal in order to reach the objectives of the CFP, especially reaching and maintaining the MSY.
The objective of this proposal is to fix, for the commercially most important fish stocks in the Baltic Sea, the fishing opportunities for Member States for 2020. With a view to simplifying and clarifying the annual TAC and quota decisions, fishing opportunities in the Baltic Sea have been fixed by a separate Regulation since 2006.
• Consistency with existing policy provisions in the policy area
The proposal establishes quotas at the levels consistent with the objectives of Regulation (EU) No 1380/2013 of 11 December 2013 on the Common Fisheries Policy.
• Consistency with other Union policies
The proposed measures are in accordance with the objectives and rules of the Common Fisheries Policy and are consistent with the Union’s policy on sustainable development.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 43(3) of the Treaty on the Functioning of the European Union (TFEU).
• Subsidiarity (for non-exclusive competence)
The proposal falls under the Union’s exclusive competence as referred to in Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply.
• Proportionality
The proposal complies with the proportionality principle for the following reasons.
The Common Fisheries Policy is a common policy. According to Article 43(3) TFEU it is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities.
The Council Regulation in question allocates fishing opportunities to Member States. Having regard to Article 16(6) and (7) and Article 17 of Regulation (EU) No 1380/2013, Member States are free to allocate such opportunities among regions or operators according to the criteria set in the mentioned Articles. 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 particular Regulation is adopted by the Council every year, and the public and private means to implement it are already in place.
• Choice of instrument
Proposed instrument: Regulation.
This is a proposal for fisheries management on the basis of Article 43(3) TFEU.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Stakeholder consultations
The Baltic Sea Advisory Council (BSAC) was consulted on the basis of the Communication from the Commission concerning Consultation on the Fishing Opportunities for 2020 under the Common Fisheries Policy COM(2019) 274 final. The scientific basis for the proposal was provided by the International Council for the Exploration of the Sea (ICES). The preliminary views expressed by various stakeholders on all the fish stocks concerned were considered and taken into account as far as possible in the proposal without contradicting existing policies or causing any deterioration in the state of vulnerable resources.
The scientific advice on catch limitations and status of the stocks were also discussed with Member States in the regional forum BALTFISH in June 2019.
• Collection and use of expertise
The scientific organisation consulted was the International Council for the Exploration of the Sea (ICES).
The Union seeks scientific advice on the state of important fish stocks from ICES each year. The advice received covers all Baltic stocks and TACs are proposed for the commercially most important stocks (www.ices.dk/community/advisory-process/Pages).
• Impact assessment
The proposal is part of a long-term approach whereby the level of fishing is adjusted to and maintained at long-term sustainable levels. This approach is expected to result in a stable fishing pressure, higher quotas and hence an improved income for fishermen and their families. The increased landings are expected to be beneficial for the fishing industry, consumers, processing and retail industry as well as for the rest of the ancillary industry linked to commercial and recreational fishing.
Decisions taken on the Baltic fishing opportunities over the past years had succeeded in bringing fishing mortality in line with the MSY ranges at the moment of the TAC setting for all stocks except one and in rebuilding stocks and rebalancing fishing capacity and fishing opportunities. Unfortunately, eastern Baltic cod came under severe pressure in 2019 and will not be in line with MSY in 2020, and most probably not in the following years to come. Hence progress is still necessary to rebuild all stocks, some of them still below safe biomass limits, and to bring all stocks in line with MSY.
Taking the above into account, the Commission proposal would decrease fishing opportunities for western Baltic herring by 71%, for Central herring by 10%, for Gulf of Bothnia herring by 27%, for plaice by 32%, for main basin salmon by 5%, for sprat by 25% and for western Baltic cod by 68%. For eastern Baltic cod ICES informed that it would not be in a position to provide figures for unavoidable by-catches in 2020 in advance of the proposed adoption of the Regulation by the Council in October of this year. The Commission estimates a decrease in fishing opportunities for eastern Baltic cod. The Commission proposal would increase fishing opportunities for Gulf of Riga herring by 11%, and roll over those for Gulf of Finland salmon.
The economic impact of the proposals for 2020 will therefore be a reduction for the fleets in all Member States. All in all, the Commission proposal leads to a level of approximately 469 000 tonnes for the Baltic fishing opportunities, representing a 23.6% reduction when compared to 2019. The Multiannual Plan for the Baltic Sea (MAP) provides that the TAC for healthy stocks may be set in the range above the MSY point value (so-called “upper MSY range”), notably to limit variations between consecutive years to not more than 20%. However, the Commission does not propose to use this option because for western herring, western and eastern Baltic cod the stocks’ biomass are below safe biological limits. Furthermore, sprat relies on a single good year class only and therefore ICES estimates that the biomass will decrease in the coming years. Using the upper MSY range now risks exacerbating future decreases. In addition, Gulf of Bothnia herring received precautionary advice from ICES which does not provide MSY ranges. Plaice is a by-catch species under the MAP so ICES does not provide MSY ranges. Finally, the MAP also permits the use of the upper MSY range for healthy stocks in mixed fisheries where this is necessary to achieve the objectives of the CFP and the MAP. Whilst the herring fishery is a mixed fishery, the Commission does not propose to use the upper MSY range for Central herring because the stock relies on a single good year class only and herring is caught in a mixed fishery with cod which is in a deteriorating condition.
• Regulatory fitness and simplification
The proposal remains flexible in the application of quota exchange mechanisms which were already introduced in the Regulations concerning fishing opportunities in the Baltic Sea in the previous years. There are no new elements or new administrative procedures proposed for public authorities (EU or national) which could increase the administrative burden.
The proposal concerns an annual Regulation for the year 2020 and therefore does not include a revision clause.
4. BUDGETARY IMPLICATIONS
The proposal has no implications for the EU budget.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The monitoring of the use of fishing opportunities in the form of TACs and quotas was established by Council Regulation (EC) No 1224/2009.
• Detailed explanation of the specific provisions of the proposal
The proposal fixes for 2020 the fishing opportunities for certain stocks or groups of stocks for Member States fishing in the Baltic Sea.
The multiannual plan for the fisheries in the Baltic Sea entered into force on 20 July 2016 1 . Under the provisions of this plan, the fishing opportunities is to be fixed in accordance with the objectives of the plan and is to comply with the target fishing mortality ranges provided in the best available scientific advice, in particular by ICES or a similar independent scientific body. In cases when a stock's biomass is below the reference points provided in the best scientific advice, the fishing opportunities are to be fixed at a level corresponding to the fishing mortality that is reduced proportionally taking into account the decrease of the stock's biomass.
The fishing opportunities are proposed in accordance with Articles 16(1) (referring to the principle of relative stability) and 16 i (referring to the objectives of the Common Fisheries Policy and the rules provided for in multiannual plans) of Regulation (EU) No 1380/2013.
Where relevant, in order to set the EU quotas for stocks shared with the Russian Federation, the respective quantities of these stocks were deducted from the TACs advised by ICES. The TACs and quotas allocated to Member States are shown in Annex to the Regulation.
For western Baltic herring the stock size estimated by ICES continues to be below the limit spawning biomass reference point, below which there may be reduced reproductive capacity (Blim) as established by ICES. Article 5 of Regulation (EU) 2016/1139 requires, when scientific advise indicates that the stock is below Blim, remedial measures to be adopted to ensure a rapid return of the stock concerned to a level capable of producing MSY. To achieve such a level, firstly, fishing opportunities for the stock concerned are to be fixed at a level consistent with a fishing mortality that is reduced below the upper range of FMSY, and secondly, further remedial measures are to be taken. Taking into account the decrease in biomass of western Baltic herring, the Commission proposes pursuant to Article 4 i of Regulation (EU) 2016/1139 to set the TAC at a level lower than the ranges of FMSY. The Commission proposes to use the lower range value and to add a further decrease. This results in a TAC of 2 651 tonnes (-71%), which according to ICES will allow the biomass to be above Blim by 2022.
For eastern Baltic cod, after several years ICES was once again in a position to undertake an analytical assessment. However, ICES was not able to determine the values of the MSY fishing mortality ranges. Moreover, ICES estimated that the stock size was below Blim and that it would remain below Blim in the medium term even with no fishing at all. This is why the Commission adopted emergency measures in July 2019 by which it decided that the fishing of cod in the areas with relevant eastern Baltic cod abundance was prohibited until year-end. A more efficient way to limit catches, however, is to forbid directed fisheries and setting a very limiting TAC for by-catches only. The Commission has asked ICES to provide relevant figures but ICES informed that it would not be in a position to provide figures for unavoidable by-catches in 2020 in advance of the proposed adoption of the Regulation by the Council in October of this year. The Commission estimates a decease in fishing opportunities for eastern Baltic cod of […]%. The Commission aims to present a proposal for a modification of the 2020 Fishing Opportunities Regulation once figures for unavoidable by-catches for 2020 are provided by ICES. Moreover, given the status of the stock of eastern Baltic cod and ICES’ advice that spawning closures can have additional benefits for the stock which cannot be achieved by TAC alone (e.g. increased recruitment through undisturbed spawning), the existing summer spawning closure is prolonged and its scope enlarged. Finally, recreational fishing is prohibited since the quantities caught become substantial when the TAC is decreased to a very limiting by-catch TAC.
The proposed TACs for Central herring and herring in the Gulf of Riga, as well as the proposed TACs for sprat, main-basin salmon and western Baltic cod correspond to the MSY fishing mortality range as referred to in Article 4(3) of Regulation (EU) 2016/1139. Regarding main-basin salmon, Finland and Estonia asked for the limited inter-area flexibility introduced last year to be maintained and therefore rolled over. Regarding western Baltic cod, as ICES indicates that the stock’s situation is fragile and deteriorating again, a prolonged and enlarged winter spawning closure is re-introduced as ICES considers that such closures can have additional benefits that cannot be achieved by TAC alone. As recreational fishing substantially contributes to fishing mortality, the bag limit for recreational fishing is reduced to the same extent as the reduction of the TAC. Finally, as eastern and western Baltic cod mix in subdivision 24 and following the emergency measures adopted in 2019, directed fishing for cod is forbidden and only unavoidable by-catches can be caught beyond six nautical miles from shore in subdivision 24. Furthermore, and in order to establish a level playing field with the eastern Baltic cod management area, recreational fishing beyond six nautical miles from shore is prohibited in subdivision 24 since mostly eastern Baltic cod occurs in these areas.
The TAC for plaice corresponds to a combination of the MSY advice for the stock in subdivisions 21 to 23 and of the ICES approach for data limited stocks for the stock in subdivisions 24 to 32. The TACs for Gulf of Finland salmon and herring in the Gulf of Bothnia correspond to the approach developed by ICES which is applied to data limited stocks.
Council Regulation (EC) No 847/96 introduced additional conditions for year-to-year management of TACs, including flexibility provisions under Articles 3 and 4 for precautionary and analytical stocks respectively. Under its Article 2, when fixing the TACs, the Council is to decide to which stocks Articles 3 and 4 shall not apply, in particular on the basis of the biological status of the stocks. More recently, the flexibility mechanism was introduced for all stocks covered by the landing obligation by Article 15(9) of Regulation (EU) No 1380/2013. Therefore, in order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources and hinder the achievement of the objectives of the Common Fisheries Policy, it should be clarified that Article 3 and 4 of Regulation (EC) No 847/96 apply only where Member States do not use the year-to-year flexibility provided for in Article 15(9) of Regulation 1380/2013.