Explanatory Memorandum to COM(2023)495 - Amendment of Regulation (EU) 2023/194 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks - Main contents
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| dossier | COM(2023)495 - Amendment of Regulation (EU) 2023/194 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union ... |
|---|---|
| source | COM(2023)495  |
| date | 25-08-2023 |
•Reasons for and objectives of the proposal
Council Regulation (EU) 2023/194 1 fixes for 2023 the fishing opportunities for certain fish stocks, applicable in EU waters and, for EU fishing vessels, in certain non-EU waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks. Those fishing opportunities are amended several times during the period in which they apply to take account of the latest scientific advice and developments.
•Consistency with existing policy provisions in the policy area
The measures proposed are consistent with the objectives of the common fisheries policy (‘CFP’).
•Consistency with other Union policies
The measures proposed are consistent with other EU 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 (‘TFEU’).
•Subsidiarity
The proposal falls under the exclusive EU competence as referred to in Article 3(1)(d) TFEU. Therefore, the subsidiarity principle does not apply.
•Proportionality
The proposal allocates fishing opportunities to Member States in accordance with the objectives of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy 2 . Pursuant to Articles 16 and 17 of Regulation (EU) No 1380/2013, Member States shall decide how the fishing opportunities available to them may be allocated to vessels flying their flag in accordance with certain criteria for the allocation of fishing opportunities. Therefore, Member States have the necessary margin of discretion when distributing the allocated total allowable catches (‘TACs’), in line with the social/economic model of their choice to exploit the fishing opportunities available to them.
•Choice of the 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
The Commission has consulted stakeholders, in particular through the Advisory Councils, and Member States on its approach to the various proposals for fishing opportunities, on the basis of its annual Communication “Towards more sustainable fishing in the EU: state of play and orientations for 2023” (COM(2022) 253 final).
Stakeholders’ responses to that annual Communication set out their views on the Commission’s evaluation of the state of the resources and on the appropriate management response. The Commission considered the responses when formulating this proposal.
•Collection and use of expertise
The Commission consulted the International Council for the Exploration of the Sea (‘ICES’) on the methodology to be used. ICES scientific advice is based on a framework developed by its expert groups and decision-making bodies, and is issued in line with its framework partnership agreement with the Commission.
•Impact assessment
The scope of this proposal is circumscribed by Article 43(3) of the TFEU.
This proposal seeks to avoid short-term approaches in favour of long-term sustainability. It therefore takes account of initiatives by stakeholders and Advisory Councils if they have been positively reviewed by ICES and/or the Scientific, Technical and Economic Committee for Fisheries (‘STECF’). The Commission’s CFP reform proposal was based on an impact assessment (SEC(2011) 891) that considered that while achieving the MSY objective was a necessary condition for environmental, economic and social sustainability, those three objectives cannot be achieved in isolation.
•Regulatory fitness and simplification
Not applicable.
•Fundamental rights
The proposal respects fundamental rights and in particular those recognised by the Charter of Fundamental Rights of the European Union.
The proposed measures will have no budgetary implications.
5.OTHER ELEMENTS
• Detailed explanation of the specific provisions of the proposal
The proposal seeks to modify Regulation (EU) 2023/194 as described below.
Regulation (EU) 2023/194, as amended by Council Regulation (EU) 2023/1324 3 , sets a provisional TAC for anchovy (Engraulis encrasicolus) in ICES subareas 9 and 10 (Iberian waters and waters around the Azores) and EU waters of Committee for Eastern Central Atlantic Fisheries (‘CECAF’) division 34.1.1 (east of Madeira and of the Canary islands) for the period from 1 July to 30 September 2023, pending the publication by ICES of its scientific advice for the period from 1 July 2023 to 30 June 2024, and allows fishing for that stock to continue.
Following the publication of that advice 4 on 21 June 2023, the definitive TAC for the period from 1 July 2023 to 30 June 2024 should be set. The TAC should be set at the level of 20 555 tonnes, in accordance with that advice.