Explanatory Memorandum to COM(2022)54 - Amending regulation 2022/109 on fishing opportunities for certain fish stocks applicable in Union waters and for Union fishing vessels in certain non-Union waters - Main contents
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| dossier | COM(2022)54 - Amending regulation 2022/109 on fishing opportunities for certain fish stocks applicable in Union waters and for Union ... |
|---|---|
| source | COM(2022)54  |
| date | 16-02-2022 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Consultations with the United Kingdom on fishing opportunities under Article 498 of the Trade and Cooperation Agreement (TCA).1
As signatories to the TCA, and considering their potentially differing policy considerations and orientations, both the Union and the United Kingdom exercised their respective roles by consulting the other party for the setting of fishing opportunities for shared stocks for 2022 pursuant to Article 498 TCA.
- Articles 498(2), 498(4)(a) to (d) and 498(6) TCA;
- The objectives and principles set out in Articles 2, 3, 28 and 33 of the Common Fisheries Policy (CFP) Regulation2;
- Articles 4 and 5 of the Western Waters3 and North Sea4 multiannual plans (MAPs); and
- the Council Decision establishing the position to be taken on behalf of the Union in the consultations with the UK to agree on fishing opportunities for shared stocks for 20225.
In accordance with Article 494(3)(c) TCA, the Union based its position on the best available scientific advice as provided by the International Council for the Exploration of the Sea (ICES).
The Commission conducted the consultations in full coordination with the Council. The European Parliament was informed as appropriate.
On 21 December 2021, the Union agreed with the United Kingdom on the setting of a large number of total allowable catches (TACs) for 2022 (stocks listed in Annex 35 TCA). The agreement in principle was laid down in the Written Record for 2022, which was endorsed by the Council on 21 December 2021 and signed on the same day by the Heads of Delegation of the United Kingdom and by the Commission representative on behalf of the Union, in accordance with Article 498(6) of the TCA and in line with the Council Decision of 22 October 2021.
It is therefore necessary to implement TACs corresponding to fishing opportunities agreed in the Written Record for 2022 into the Union legal order. Such fishing opportunities for 2022 will allow fishing activities in an environmentally sustainable way in the long-term, and that is managed in ways consistent with the objectives of: (i) achieving economic, social and employment benefits; and (ii) contributing to the availability of food supplies, including promotion of a level playing field for Union operators where stocks are shared with the United Kingdom.
Fishing opportunities for autonomous Union stocks for 2022
The proposal also addresses the need to set fishing opportunities for anchovy (Engraulis encrasicolus) in ICES subarea 8 (Bay of Biscay) for 2022, after the release of the scientific advice for this stock by the ICES.
Regulation (EU) 2022/1096 set a provisional TAC for anchovy in ICES subarea 8 covering the period from 1 January 2022 to 30 June 2022, until the scientific advice for 2022 by the ICES would become available. The ICES released the scientific advice for the stock for 2022 on 17 December 2021. The TAC for that stock for 2022 should be set in line with that advice at 33 000 tonnes.
• Consistency with existing policy provisions in the policy area
The measures proposed are consistent with the objectives and rules of the CFP and are consistent with the Union’s policy on sustainable development.
• Consistency with other Union policies
The measures proposed are consistent with other Union policies, in particular with the policies in the field of the environment.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis of this proposal is Article 43(3) 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 the CFP Regulation.
• Subsidiarity (for non-exclusive competence)
The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of the Treaty on the Functioning of the European Union. The subsidiarity principle therefore does not apply.
• Proportionality
The proposal complies with the proportionality principle because the CFP is a common policy. According to Article 43(3) of the Treaty on the Functioning of the European Union, it is incumbent upon the Council to adopt the measures for fixing and allocating fishing opportunities.
• Choice of the instrument
Proposed instrument: Regulation.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not applicable.
• Stakeholder consultations
During consultations with the United Kingdom on the fishing opportunities, the Commission informed and consulted with stakeholders (notably representatives of non-governmental organisations and of fishing industry organisations). The Commission also maintained contact with national administrations through intensive coordination. The Commission periodically informed advisory councils of progress in the consultations.
• Collection and use of expertise
The proposal is based on the scientific advice of the ICES.
• Impact assessment
On stocks that are shared with the United Kingdom, this proposal essentially implements internationally agreed measures. Any elements relevant to assess possible impacts of the fishing opportunities are dealt with in the preparation and conduct phase of international negotiations through which the Union's fishing opportunities are agreed with third parties.
• Regulatory fitness and simplification
Not applicable.
• Fundamental rights
Not applicable.
4. BUDGETARY IMPLICATIONS
The proposed measures will have no budgetary implications.
5. OTHER ELEMENTS
In line with Article 498 TCA, the TACs agreed by the Union with the United Kingdom and documented in the Written Record for 2022 correspond to the Union quota shares set out in Annex 35 TCA and Annex 36 TCA. The Commission’s general approach to setting those TACs is based on the ICES advice for 2022, and is in line with the objectives set out in Articles 494(1) and 494(2) TCA and with the principles referred to in Article 494(3) TCA.
In line with the core conservation objective of the CFP as set out in Article 2(2) of the CFP Regulation and Article 3(1) of the Western Waters and North Sea MAPs, the Union agreed TACs with the United Kingdom for stocks with FMSY advice (advice with levels of fishing opportunities expressing fishing pressure that delivers the maximum sustainable yield – MSY).
The consultations resulted in four TACs for stocks with MSY assessment and zero catch advice not being set in line with the ICES advice for a zero TAC. For three demersal stocks, TACs were agreed with the United Kingdom at by-catch levels (Cod Celtic Sea, Cod West of Scotland, and Whiting Irish Sea), and for one demersal stock (Herring Celtic Sea), a TAC has been set with the United Kingdom as a monitoring TAC following the ICES advice regarding the level of such a TAC.
Cod Celtic Sea is a target stock under the Western Waters MAP. A TAC was agreed between the Union and the United Kingdom at a level of 644 tonnes (-20% compared to 2021 level) for unavoidable by-catches in the mixed demersal fishery, leading to an increase in biomass of at least 82% and staying below the FMSY upper value. While no new remedial (technical) measures were agreed with the United Kingdom, the Commission has recently adopted1 new gear-based measures and by-catch thresholds to reduce by-catches of cod in the Celtic Sea and adjacent waters. Those new measures will apply until 31 December 2022.
Cod West of Scotland is a by-catch stock under the Western Waters MAP. A TAC was agreed with the United Kingdom based on a rollover as requested by the United Kingdom, above the ICES determined FMSY and above the upper FMSY ICES advice rule. This will result in an increase in the stock size by 45% compared to the 2021 biomass level. This is one of the two stocks for which the Council adapted the Union position on 6 December 2021.
Whiting Irish Sea is a by-catch stock under the Western Waters MAP. A TAC was agreed, with the United Kingdom based on a rollover, as requested by the United Kingdom above the ICES determined FMSY and above the upper FMSY ICES advice rule. This will result in an increase in the stock size of at least 23% compared to the 2021 biomass level. This is one of the two stocks for which the Council adapted the mandate on 6 December 2021.
The proposal lists 32 TACs for stocks with precautionary advice. The Union sought agreement with the United Kingdom on these TACs, taking into account the corresponding ICES headline advice and the precautionary approach provided for in Article 2(2) of the CFP Regulation. Most of these TACs have been agreed with the United Kingdom in line with, or below the ICES advice levels. However, a number of TACs (Blue Ling [International 1, 2; North Sea; Skagerrak], Plaice [7hjk], Northern Prawn [North Sea] and Picked dogfish [Western waters]) were agreed with the United Kingdom at levels that avoid choking situations and cater for the specificities in mixed fisheries. A by-catch only footnote was added to the Northern Prawn (North Sea) TAC because the ICES advice suggests that this should not be a directed fishery. A monitoring TAC was agreed with the United Kingdom for herring West of Scotland (HER/5B6ANB) and the sister TAC herring West of Ireland (HER/6AS7BC), which will bring the biomass level to +21% in 2022 compared to the 2021 biomass level.
For a limited number of stocks (Rockall, West of Scotland, Irish Sea and Celtic Sea cod; Irish Sea whiting; Pollack 6 and 7), TACs were agreed with the United Kingdom at a level above that proposed by the Union in order to achieve an overall outcome considered necessary and desirable in terms of sustainability and socio-economic considerations, including the need to promote the level playing field.
TACs that deviate by more than 20% from the previously established TAC level
At the time of the adoption of the Western Waters and North Sea MAPs, the Commission made a statement that, where it proposes the setting of TACs that deviate by more than 20% from the previously established TAC level, these cases will be listed in the explanatory memorandum of the Commission proposal, providing, where appropriate, the underlying reasons for the TAC variations. In the context of the shared stocks with the United Kingdom, the Commission thereby provides such explanations for the main variations of the TACs included in this proposal.
| TAC code | Name | 2021 TAC (t) | 2022 TAC (t)2 | Percentage change (rounded) | Justification |
| ANF/2AC4-C | Anglerfish (North Sea) | 11,972 | 9,014 | -25% | Following scientific advice, in agreement with the United Kingdom. |
| ARU/567 | Greater Silver Smelt (Western) | 3,729 | 11,626 | +212% | Following scientific advice, in agreement with the United Kingdom. Due to revision of the assessment, this stock was upgraded to an analytical assessment (from category 3 to 1) and this led to a revised scientific advice for a higher TAC. |
| HAD/6B1214 | Haddock (Rockall) | 8,375 | 5,825 | -30% | Following scientific advice, in agreement with the United Kingdom. Scientific advice advised a reduced TAC because of the decline in the abundance index and the application of the precautionary buffer. |
| JAX/4BC7D | Horse Mackerel (Southern North Sea and Eastern Channel) | 14,014 | 8,969 | -36% | Following scientific advice, in agreement with the United Kingdom. |
| L/W/2AC4-C | Lemon Sole and Witch (North Sea) | 5,428 | 4,287 | -21% | Following scientific advice, in agreement with the United Kingdom. |
| NEP/2AC4-C | Nephrops (North Sea) | 19,077 | 24,268 | +27% | Following scientific advice, in agreement with the United Kingdom. |
| NEP/5BC6 | Nephrops (West of Scotland) | 14,945 | 11,862 | -21% | Set by the United Kingdom. |
| NOP/2A3A4 | Norway Pout (North Sea) | 128,300 | 59,728 | -53% | Following scientific advice, in agreement with the United Kingdom. |
| PLE/7DE | Plaice (English Channel) | 11,920 | 9,138 | -23% | Following scientific advice, in agreement with the United Kingdom. |
| PLE/7HJK | Plaice (7hjk) | 67 | 114 | +70% | Following scientific advice, in agreement with the United Kingdom. |
| PRA/2AC4-C | Northern Prawn (North Sea) | 660 | 990 | +50% | Change to by-catch TAC to avoid choking, in agreement with the United Kingdom. |
| SOL/07D | Sole (Eastern Channel) | 3,248 | 2,380 | -27% | Following scientific advice, in agreement with the United Kingdom. |
| SOL/24-C | Sole (North Sea) | 21,361 | 15,330 | -28% | Following scientific advice, in agreement with the United Kingdom. |
| SOL/7HJK | Sole (7hjk) | 280 | 213 | -24% | Following scientific advice, in agreement with the United Kingdom. |
| SPR/7DE | Sprat (English Channel) | 1 446 | 550 (from 1 January to 30 June) | -62% | Change of TAC year (to run from 1 July to 30 June in the following year). Therefore these fishing opportunities correspond to a special six-month TAC to cover the period from 1 January to 30 June 2022. |
| WHG/56-14 | Whiting (West of Scotland) | 937 | 1,800 | +92% | Allow increase below new scientific advice, agreed with the United Kingdom. |
Inter-annual flexibility
The Union agreed with the United Kingdom that the inter-annual flexibility will not apply to the following stocks: Blue ling in international waters of ICES 1 and 2 (BLI/12INT-), Blue ling North Sea (BLI/24-), Blue ling in Skagerrak (BLI/03/A-), Cod West of Scotland (COD/5BE6A), Cod Celtic Sea (COD/7XAD34), Picked dogfish Western Waters (DGS/15X14), Herring HER/7G-K, and Whiting Irish Sea (WHG/07A).
Discard exemptions
Where there are differences between the Union and the United Kingdom on the exemptions to the landing obligation, the United Kingdom confirmed it would make use of Union discard exemptions in 2022. However, due to the revised regime of exemptions in United Kingdom waters as notified to the Union on 17 November 2021, on which we are currently awaiting a reply from the United Kingdom on our subsequent comments and requests for clarification, the Union cannot say at this stage which of these exemptions the Union fleet could make use of while operating in United Kingdom waters.
TAC deductions
The fishing opportunities for stocks of species falling under the landing obligation pursuant to Article 15 of Regulation (EU) 1380/2013 take into account the fact that discarding is in principle no longer allowed. The amounts that, by way of exception, may continue to be discarded during the operation of the landing obligation should be deducted from that advice figure for total catches.
Quota exchanges
The Union sought to facilitate quota exchanges with the United Kingdom, in view of the setting up of a quota exchange mechanism by the Specialised Committee on Fisheries. It is appropriate to establish the procedure for carrying out such exchanges.
Seabass
Northern seabass is a non-quota stock shared with the United Kingdom. With this proposal, the Commission proposes to establish catch limitation measures for 2022 for this stock, as agreed in the framework of the consultations with the United Kingdom.
Sandeels
Article 11a of Council Regulation (EU) 2022/109 rolled over for 2022 seasonal closures for sandeels fisheries using certain towed gear in ICES divisions 2a, 3a and ICES subarea 4. Since the provisional TAC covering the period from 1 January to 31 March 2022 is now being replaced with a definitive TAC for the full year, the applicable closure period should also cover the period from 1 August to 31 December 2022, in addition to the period from 1 January to 31 March 2022. Article 11a should therefore be amended accordingly.
Prohibited species
In order to protect certain species from being fished, the Union and the United Kingdom agreed in the Written Record for 2022 to maintain the existing list of prohibited species as set out in Annex 2 to the Written Record for 2021.