Explanatory Memorandum to COM(2022)563 - Management, conservation and control measures applicable in the Area covered under the Southern Indian Ocean Fisheries Agreement (SIOFA)

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dossier COM(2022)563 - Management, conservation and control measures applicable in the Area covered under the Southern Indian Ocean Fisheries ...
source COM(2022)563 EN
date 04-11-2022


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

This proposal aims to implement the conservation, management and control measures adopted under the Southern Indian Ocean Fisheries Agreement (SIOFA) in EU law. The SIOFA is the regional fisheries management organisation (RFMO) responsible for managing fishery resources in the SIOFA’s Area of Application.

The annual Meeting of the Parties to the SIOFA has a mandate to adopt conservation and management measures (CMMs) for the fisheries within its purview. These CMMs are binding on the SIOFA’s Contracting Parties, Participating Fishing Entities and Cooperating non-Contracting Parties (together CCPs). The EU has been a Contracting Party to the SIOFA since 2008. It currently has one active fishing vessel in the SIOFA’s Area of Application. That vessel must comply with the SIOFA’s CMMs.

Under Article 8(3) of the SIOFA, CMMs adopted by the Meeting of the Parties are binding on CCPs, and each CCP is required to take all action necessary to ensure enforcement of and compliance with such measures. On behalf of the EU, the European Commission draws up annual negotiating guidelines on the basis of a five-year EU position established by Council decision and on scientific advice. In line with the EU position, these guidelines are presented, discussed and endorsed at the Council working party. To take account of real-time developments, they are further adjusted at coordination meetings with Member States held on the sidelines of the Meeting of the Parties.

All SIOFA measures are binding if no objection is raised or if any objections are subsequently withdrawn. The objection procedure is governed by Article 218(9) of the Treaty on the Functioning of the European Union (TFEU), as SIOFA measures have legal effect (i.e. they become binding on Contracting Parties). Before deciding to object to a measure, the Commission asks the Council to endorse the decision to object.

SIOFA measures are mainly aimed at CCPs, but these measures also impose obligations on operators (e.g. vessel masters).

This proposal covers the measures that the Meeting of the Parties has adopted since 2016, as amended (in some cases) at its annual meetings. As soon as they enter into force, the EU must ensure compliance with these measures, as international obligations. This proposal is designed to implement current SIOFA measures and to set up a mechanism for implementing future measures. This proposal takes into account fishing undertaken by EU vessels in the SIOFA’s Area of Application using handlines and demersal longlines.

It takes an average of 18 months to complete the legislative process of implementing measures adopted by RFMOs in EU law, from the first draft Commission proposal to the adoption of a final act by the European Parliament and the Council. This proposal aims to ensure that the EU can quickly: (i) implement measures that benefit the EU fleet; (ii) ensure a level playingfield for operators; and (iii) further support the long-term sustainable management of stocks.

In order to swiftly implement SIOFA rules, this proposal first provides for delegated powers to be granted to the Commission under Article 290 TFEU and to cater for amendments to SIOFA measures and ensure that EU fishing vessels are on an equal footing with those of other Contracting Parties. Delegated powers are proposed for : (i) the information required for vessel authorisations; (ii) changes of type of fishing or fishing gear; (iii) number of catch/recovery of Vulnerable Marine Ecosystems (VMEs) indicator units, and distances within which to cease bottom fishing where evidence of a VME is encountered above threshold levels within the course of fishing operations; scientific observer coverage for bottom fishing and introduction of an electronic observer programme; (iv) measures for the toothfish fishery in the Del Cano Rise and Williams Ridge areas; and (v) changes to Annexes to this proposal.

Second, this proposal introduces dynamic references to the CMMs to be used by Member States. These documents are already in use and known by Member States’ administrations, who must ensure their implementation. The Commission sends updated versions of these documents to Member States after new versions are adopted by the SIOFA.

Third, to swiftly implement SIOFA rules, this proposal provides dynamic references to SIOFA documents that are already used by the Union fleet and publicly available on the SIOFA website. These compulsory documents include SIOFA reporting formats or data exchanges documents related to the entry to and exit from particular areas, the start and end points of setting fishing gear, transshipment and transfer operations, and the sighting of third country vessels. As these requirements and templates change from time to time and there is currently only one Union fishing vessel active in the fisheries managed by the SIOFA, it is appropriate that the requirements and templates be provided by Member States having fishing opportunities for SIOFA fishery resources to their fishing vessels when issuing fishing authorisations. Dynamic references to these documents are provided in this Regulation.

• Consistency with existing policy provisions in the policy area

This proposal supplements and is consistent with other EU law in this area.

In particular, it is consistent with Part VI (External policy) of Regulation (EU) No 1380/2013 1 on the Common Fisheries Policy (CFP), which requires the EU to conduct its external fisheries in accordance with its international obligations and to base its fishing activities on regional fisheries cooperation.

The proposal supplements Regulation (EU) 2017/2403 2 on external fleet management, which provides that EU fishing vessels are subject to the list of fishing authorisations under the conditions and rules of the RFMO in question. The proposal also supplements Council Regulation (EC) No 1005/2008 3 on illegal, unreported and unregulated fishing.

This proposal does not cover fishing opportunities for the EU, as decided by the Meeting of the Parties. Under Article 43(3) TFEU, it is the Council’s prerogative to adopt measures on the fixing and allocation of fishing opportunities.

• Consistency with other EU policies

Not applicable.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The proposal is based on Article 43(2) TFEU, as it sets out provisions necessary for the pursuit of the objectives of the CFP.

• Subsidiarity (for non-exclusive competence)

As this proposal falls under the exclusive competence of the EU (Article 3(1)(d) TFEU), the subsidiarity principle does not apply.

• Proportionality

This proposal will ensure that EU law is in line with international obligations adopted by the Meeting of the Parties. This proposal will also ensure that the EU complies with decisions taken by the SIOFA to which it is a Contracting Party. This proposal does not exceed what is necessary to achieve these objectives.

• Choice of the instrument

The instrument chosen is a Regulation.

3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex post evaluations/fitness checks of existing legislation

Not relevant.

• Stakeholder consultations

This proposal aims to implement SIOFA measures that are binding on CCPs. National experts and industry representatives from the Member States were consulted both during the run-up to the Meeting of the Parties at which the measures were adopted, and throughout negotiations at such meetings. Consequently, the Commission did not consider it necessary to hold a stakeholder consultation on this proposal.

• Collection and use of expertise

Not applicable.

• Impact assessment

Not relevant. This concerns the implementation of measures directly applicable to Member States.

• Regulatory fitness and simplification

This proposal is not linked to REFIT.

• Fundamental rights

This proposal has no consequences for the protection of people’s fundamental rights.

4. BUDGETARY IMPLICATIONS

There are no budgetary implications.

5. OTHER ASPECTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Not applicable.

• Explanatory documents (for directives)

Not applicable.

• Detailed explanation of the specific provisions of the proposal

Chapter I contains general provisions on the proposal’s subject matter and scope. It also sets out definitions as well as provisions for vessel authorisations and the issuing of fishing authorisations.

Chapter II deals with bottom-fishing measures, including: (i) effort limitations and general measures; (ii) measures designed to protect vulnerable marine ecosystems in the SIOFA’s Area of Application; and (iii) scientific observer coverage. It also includes specific measures for the toothfish fishery in the Del Cano Rise and Williams Ridge areas.

Chapter III lays down measures to protect marine species, including on: (i) prohibiting large-scale pelagic driftnets and deepwater gillnets; (ii) targeting deep-sea sharks; and (iii) mitigating seabird bycatch.

Chapter IV sets out monitoring and control measures including rules for : (i) a vessel monitoring system (VMS); (ii) entry-exit reports; (iii) fishing-vessel documents and marking; (iv) the retrieval of abandoned, lost or otherwise discarded fishing gear; (v) discharge of plastics; and (vi) at sea transshipments and transfers, their monitoring in port, and related reporting. This chapter also includes labelling rules for frozen products of fishery resources, and requirements for scientific observer programmes.

Chapter V sets out rules on control of third country vessels in Member State ports and in the high seas: (i) sightings and identifications of vessels that are not of the SIOFA Contracting Parties, Participating Fishing Entities or Cooperating Non-Contracting Parties (non-CCP) vessels; and (ii) port measures and inspections.

Chapter VI deals with enforcement, including : (i) high seas boarding and inspection, including the definition of serious violations and related enforcement; and (ii) illegal, unreported and unregulated fishing.

Chapter VII covers data collection and reporting, provision of scientific observer data, and other reporting.

Chapter VIII contains final provisions on alleged non-compliance reported by the SIOFA, confidentiality, delegation of powers and the exercise of such delegation.