Council Regulation (EU) 2024/257 1 fixes for 2024, 2025 and 2026 the fishing opportunities for certain fish stocks, applicable in EU waters and, for EU fishing vessels, in certain non-EU waters. The proposal amends those fishing opportunities to take account of the latest scientific advice and other developments. In addition, the proposal corrects certain errors in Regulation (EU) 2024/257.
•Consistency with existing policy provisions in the policy area
The measures proposed are consistent with the objectives and rules 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.
2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
•Legal basis
The legal basis of the proposal is Article 43i 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
Given that the proposal amends an existing regulation, the most appropriate legal instrument is a regulation.
3.
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, on the basis of its annual Communication “Sustainable fishing in the EU: state of play and orientations for 2024” (COM(2023) 303).
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 those responses when formulating the proposal.
•Collection and use of expertise
International Council for the Exploration of the Sea (ICES) scientific advice is based on a framework developed by its expert groups and decision-making bodies and issued in line with its framework partnership agreement with the Commission.
•Impact assessment
The scope of the proposal is circumscribed by Article 43i of the TFEU.
The proposal seeks to avoid short-term approaches in favour of long-term sustainability. It takes account of initiatives by stakeholders and advisory councils if they have been positively reviewed by ICES. 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.
As regards RFMO fishing opportunities and stocks that are jointly managed with non-EU countries, the proposal implements internationally agreed measures. Any aspects that are relevant to assessing possible impacts of the fishing opportunities are dealt with in the preparation and conduct of international negotiations in which the EU’s fishing opportunities are agreed with non-EU countries.
•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.
4.
5.OTHER ELEMENTS
• Detailed explanation of the specific provisions of the proposal
The proposal seeks to amend Council Regulation (EU) 2024/257 as described below.
5.
Small-eyed ray in the western Channel
Regulation (EU) 2024/257 established a TAC for skates and rays (Rajiformes) in EU and UK waters of ICES divisions 6a, 6b, 7a to 7c and 7e to 7k (West of Scotland, southern Celtic Seas and Channel). That Regulation also established a special condition under that TAC. That special condition allows catches of small-eyed ray (Raja microocellata) to be taken in ICES division 7e (western Channel) by the EU and the UK in 2024, to allow for a sentinel fishery for the purpose of fisheries-based data collection for that stock as assessed by ICES. To provide for legal certainty and to allow sentinel fishery ‘monitoring programmes’ to be conducted, quantities under that special condition should be allocated to Member States in accordance with the principle of relative stability and the allocation key for skates and rays in EU and UK waters of ICES divisions 6a, 6b, 7a to 7c and 7e to 7k.
6.
Witch flounder and lemon sole in the Skagerrak-Kattegat
On 6 December 2023, the EU and the UK concluded bilateral consultations on the setting of fishing opportunities for stocks listed in Annex 35 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part 3 (‘Trade and Cooperation Agreement’). The outcome of those consultations was documented in a Written Record signed on 6 December 2023, supplemented by an addendum on 8 December 2023, and implemented in EU law through Regulation (EU) 2024/257.
In those bilateral consultations, the EU and the UK inter alia established, for the first time, TACs for: (i) witch flounder (Glyptocephalus cynoglossus) in EU waters of ICES division 3a (Skagerrak-Kattegat); and (ii) lemon sole (Microstomus kitt) in that same area. Pending an agreement between Member States on how those fishing opportunities are to be allocated, the TACs for those stocks were marked ‘to be established’ in Regulation (EU) 2024/257. In order to allow Member States to use those fishing opportunities, the TACs and EU quotas for those stocks should be fixed at the levels set out in the Written Record. As discussions between Member States on allocation are still ongoing, Member States quotas are not included. As soon as the outcome of those discussions is known, the Commission services will update the proposal by means of a non-paper proposing: (i) Member States quotas; or (ii) not allocating the EU quotas to Member States and allowing all Member States to fish the EU quotas until these are fully utilised.
7.
Sandeel in the North Sea
Regulation (EU) 2024/257 provisionally set at zero the TAC for sandeel and associated by-catches (Ammodytes spp.) in UK and EU waters of ICES subarea 4 (North Sea), UK waters of ICES division 2a and EU waters of division 3a (Skagerrak and Kattegat) for 2024, pending publication of the scientific advice for that stock for 2024 by ICES.
ICES is expected to publish its scientific advice for sandeel in ICES subarea 4 and division 3a for 2024 on 29 February 2024. Following the publication of that advice, the EU will hold bilateral consultations with the UK on the level of the TAC for 2024 for that stock pursuant to Articles 498i, i and i of the Trade and Cooperation Agreement. Pending the formal outcome of those bilateral consultations, the text of the relevant recital of Council Regulation (EU) 2023/194 4 is included in square brackets and the TAC for sandeel in ICES subarea 4 and divisions 2a and 3a for 2024 is marked ‘pm’ (pro memoria). As soon as the formal outcome of those bilateral consultations is known, the Commission services will update the proposal by means of a non-paper proposing the relevant TAC for 2024 at the level agreed with the UK.
8.
SPRFMO
In Regulation (EU) 2024/257, TACs in the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention area are marked ‘to be established’ and measures functionally linked to the TACs are provisionally maintained, pending the outcome of the 2024 annual meeting of the SPRFMO held from 29 January to 2 February 2024.
At its 12th annual meeting in 2024, the SPRFMO adopted catch limits for jack mackerel (Trachurus murphyi) and maintained exploratory fisheries for toothfishes (Dissostichus spp.). In addition, the SPRFMO maintained or amended functionally linked measures. Those measures should therefore be implemented in EU law.
9.
WCPFC
In Regulation (EU) 2024/257, fishing opportunities in the Western and Central Pacific Fisheries Commission (WCPFC) Convention area are marked ‘to be established’ and measures functionally linked to these are provisionally maintained, pending the formal outcome of the 2023 annual meeting of the WCPFC held from 4 to 8 December 2023.
At its 2023 annual meeting, the WCPFC decided to maintain the purse seine effort limits and the maximum numbers of these vessels fishing for tropical tunas. Moreover, the WCPFC amended measures related to the management of the Fish Aggregating Devices (FADs) in the tropical tunas fishery, in particular to the FAD closure. Those measures should be implemented in EU law.
10.
ICCAT
Fishing effort limits for EU vessels fishing for bluefin tuna (Thunnus thynnus) in the International Commission for the Conservation of Atlantic Tunas (ICCAT) Convention area and maximum input and capacity for EU farms of bluefin tuna in that area are based on information provided in the annual fishing plans, the annual fishing capacity management plans and the annual farming management plans for bluefin tuna of Member States. Member States are to transmit those plans to the Commission by 31 January each year, pursuant to Article 16i of Regulation (EU) 2023/2053 of the European Parliament and of the Council 5 . Those plans are then compiled by the Commission and form the basis for the establishment of an EU annual plan, which is transmitted to the ICCAT Secretariat for discussion and approval by ICCAT, as required by Article 16i of Regulation (EU) 2023/2053. Pending the submission and approval of the EU annual plan by ICCAT, the text of relevant recital of Council Regulation (EU) 2023/194 is included in square brackets and the EU fishing effort limits and the EU maximum farming input and capacity for 2024 are marked ‘pm’ (pro memoria). As soon as the EU annual plan is approved by ICCAT, the Commission services will update the proposal by means of a non-paper proposing the relevant fishing effort limits and maximum farming input and capacity for 2024.
11.
Sand tiger shark
At its 14th meeting held in Samarkand, Uzbekistan, from 12 to 17 February 2024, the Conference of the Parties (COP) to the Convention on the Conservation of Migratory Species of Wild Animals (CMS) added sand tiger shark (Carcharias taurus) to the lists of protected species in Appendices I and II of that Convention. Those measures should therefore be implemented into EU law by prohibiting: (i) EU fishing vessels in all waters; and (ii) third country vessels in EU waters, to fish for, retain on board, tranship or land that species.
Article 98i of Regulation (EU) 2023/2124 of the European Parliament and of the Council 6 however already established such a prohibition for sand tiger shark in the Mediterranean. To avoid overlapping provisions on the same subject matter, in the Mediterranean, such a prohibition should therefore only be established for EU vessels in all waters other than the Mediterranean, and for third country vessels in EU waters.
That prohibition for sand tiger shark should apply from 1 April 2024, which is: (i) after the 14th meeting of the COP to the CMS, which took place from 12 to 17 February 2024; and (ii) before the entry into force of the amendment to the Appendices I and II of the CMS on 17 May 2024.
12.
Correction of errors
Both Article 41, paragraph 4, and Article 43 of Regulation (EU) 2024/257 refer to the same maximum number of EU fishing vessels authorised to fish for swordfish (Xiphias gladius) in areas of the WCPFC Convention area. The former provision should therefore be deleted for reasons of legal clarity.
Article 59 of Regulation (EU) 2024/257 on entry into force and application should be corrected regarding measures on European eel (Anguilla anguilla) in EU marine and brackish waters of ICES subareas 3, 4, 6, 7, 8 and 9, and adjacent EU brackish waters, as follows:
–Article 13i of Regulation (EU) 2023/194, which requires Member States to determine closure periods for commercial fishing activities for European eel at all life stage in that area, applies from 1 March 2023 to 31 March 2024. Article 13i of Regulation (EU) 2024/257 establishing such a measure should therefore apply from 1 April 2024; and
–Measures concerning commercial fishing activities for European eel at all life stages in that area set out in Regulation (EU) 2024/257 apply until 31 March 2025. The prohibition of recreational fisheries of European eel at all life stages in that area pursuant to Article 13i of that Regulation should therefore also apply until 31 March 2025.
In Annex IA, Part B, to Regulation (EU) 2024/257 the following errors should be corrected:
–Table 60: the Member States quotas for lemon sole and witch flounder in UK and EU waters of ICES subarea 4 and UK waters of division 2a for 2024 should be corrected to address an error in the calculation of those quotas. In addition, in respectively footnotes 3 and 4, the reporting codes for: (i) lemon sole in EU waters of division 3a; and (ii) witch in EU waters of division 3a, should be corrected;
–Table 93: the TAC for turbot and brill (Scophthalmus maximus and Scophthalmus rhombus) in UK and EU waters of ICES subarea 4 and UK waters of division 2a for 2024 should be marked as “analytical TAC” in line with the relevant ICES advice 7 . In addition, in footnote 4, the reporting code for brill in EU waters of division 3a should be corrected;
–Table 101: in the TAC tables for undulate ray (Raja undulata) in respectively EU waters of ICES subarea 8 and subarea 9, it should be clarified that catches from the additional allocation to vessels participating in the sentinel fishery should be reported separately;
–Table 103: in the TAC table for mackerel (Scomber scombrus) in the North Sea and the Baltic Sea: (i) the area description and the reporting code should be corrected to reflect the geographic scope of the two TACs for mackerel in the North Sea and the Baltic Sea that were included in Regulation (EU) 2023/194 8 ; (ii) the second sentence of footnote 1 should be deleted, which contradicts the rest of that footnote; (iii) in footnote 2, first column of the table, the area description and reporting code should be corrected to reflect the area description of the TAC; and (iv) in footnote 4, the title “post transfer” should be deleted for reasons of legal clarity; and
–Table 106: in the TAC table for common sole (Solea solea) in UK and EU waters of ICES subarea 4 and UK waters of division 2a, footnote 1, the reporting code should be corrected.
In Annex XI to Regulation (EU) 2024/257, the following errors should be corrected:
–point 2: in the TAC table for mackerel (Scomber scombrus) in the North Sea and the Baltic Sea: (i) the second sentence of footnote 1 should be deleted, which contradicts the rest of the footnote; (ii) in footnote 2, first column of the table, the area description and reporting code should be corrected to reflect the area description of the TAC; and (iii) in footnote 4, the title “post transfer” should be deleted for reasons of legal clarity.
