Explanatory Memorandum to COM(2024)213 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)213 - . |
|---|---|
| source | COM(2024)213 |
| date | 22-05-2024 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Council Regulation (EU) 2024/2571 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 Council Regulations (EU) 2023/1942 and 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. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis of the 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 Policy3. 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. 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 43(3) 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.
4. BUDGETARY IMPLICATIONS
The proposed measures will have no budgetary implications.
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.
Anchovy in Iberian waters
Regulation (EU) 2024/257 provisionally set at zero the 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 2024 to 30 June 2025, pending the publication by ICES of its scientific advice for anchovy in ICES division 9a (Iberian waters) for that period.
ICES is expected to publish that advice on 14 June 2024. Pending the publication of that ICES advice, the TAC for anchovy in ICES subareas 9 and 10 and EU waters of CECAF division 34.1.1 for the period from 1 July 2024 to 30 June 2025 is marked ‘pm’ (pro memoria). As soon as that ICES advice is available, the Commission services will update the proposal by means of a non-paper proposing that TAC based on that advice.
Pollack in the Bay of Biscay
Regulation (EU) 2024/257 provisionally set the TAC for pollack (Pollachius pollachius) in ICES divisions 8a, 8b, 8d and 8e ('Bay of Biscay’) for the period from 1 January to 30 June 2024 at the level of 500 tonnes. That provisional TAC was set because more time was needed to assess the socio-economic impact of setting the definitive TAC for 2024 at the level advised by ICES in its scientific advice4 for pollack in ICES subarea 8 and division 9a (Bay of Biscay and Iberian waters)5, i.e. 698 tonnes.
The Commission requested that the Scientific, Technical and Economic Committee for Fisheries (STECF) assess such an impact. The Commission also asked STECF to indicate what would be the level of the definitive TAC for pollack in the Bay of Biscay needed to avoid the phenomenon of ‘choke species’6 in the targeted fisheries of sole (Solea solea) and Norway lobster (Nephrops norvegicus). The Commission provided the STECF with an ad-hoc contract report providing an assessment of the socio-economic impact of setting the definitive TAC for pollack in the Bay of Biscay at the level advised by ICES compared to setting that TAC at other levels, as well as other documents submitted by France, including a study by the French research institute for exploration of the sea (Ifremer)7.
On 28 March 2024, the STECF published its assessment8 of the socio-economic impact of setting the definitive TAC for 2024 at the level advised by ICES in its scientific advice for pollack. In that assessment, STECF noted, inter alia, the following.
First, STECF concludes that “the studies [i.e. the ad-hoc contract report and the Ifremer study] are globally consistent in identifying potential choke situation and socioeconomic effects if the 53% TAC reduction would be applied to the pollack TAC, assuming full implementation of the landing obligation and closing of the fishery after exhaustion of the TAC”.
Second, regarding the Ifremer study, STECF refers to the study’s finding that “stopping the fishery after the exhaustion of the ICES advised … [TAC for] pollack would result in taking 43% of the Nephrops … TAC … and 50% of the sole … TAC in 2024. The catches of smooth-hound … and seabass also appear impacted, with 41% and 51% of their respective TACs”. STECF also considers that the study indicates that, if the definitive TAC for pollack in the Bay of Biscay were set at higher levels than that advised by ICES, this would still have a limiting effect on the fisheries for common sole (Solea solea) and Norway lobster (Nephrops norvegicus) and that “the pollack TAC would potentially choke the fleets fishing on sole and Nephrops with any reduction in TAC”. This is consistent with the ICES mixed fisheries considerations9, which identified pollack as being the most limiting species for demersal fisheries in the Bay of Biscay.
Third, regarding the ad-hoc contract report, STECF refers to the report’s finding that, if the definitive TAC for pollack in the Bay of Biscay were set at the level advised by ICES, “the choke effect, which is simulated in the scenarios using the Minimum effort deployment level, may be very important. The activity of these fleets has been more intense in the first two quarters of the year and therefore, choke is simulated to occur in Q2 (TAC=500t), Q3 (TAC=698t) or Q4 using the lower catchability observed in 2022 and assuming swaps from Spain to France.” STECF also refers to the report’s conclusion that “the minimum annual TAC required to deploy the total effort simulated (…) ranges from 1209 tonnes ([assuming] no swaps and mean catchability) to 824 tonnes ([assuming] swaps and 2022 catchability).”
In addition to STECF’s assessment, the Commission notes that the ad-hoc contract report, as reviewed by the STECF, considers that if the definitive TAC for pollack in the Bay of Biscay were set at the level advised by ICES, this would lead to a reduction of total income of concerned French fleets of EUR 48 million (-37%) compared to the average income in the period from 2020 to 2022 (assuming the lowest catchability, 2022). The Commission further notes that the ad-hoc contract report indicates that, in order to maintain fisheries at current effort until the end of 2024, the definitive TAC for pollack in the Bay of Biscay would need to be set at the level of 985 tonnes and that such a level would lead to a small reduction of total income of 1,6%. Finally, the Commission notes that France would be disproportionately affected by any reduction of that TAC as it currently depends on swaps and year-to-year flexibility. The use of those flexibilities would therefore become more difficult.
Based on the outcome of the STECF’s assessment, the additional elements summarised in the previous paragraph and the difficulty of fishing all stocks at MSY at the same time, especially in situations where that would lead to a premature closure of one or more fisheries, it is proposed, pursuant to Article 5(3) of Regulation (EU) 2019/47210, to:
- set the definitive TAC for pollack in ICES divisions 8a, 8b, 8d and 8e for 2024 at the level of 959 tonnes. According to the ICES advice, that level corresponds to the landings of that stock in 2022, i.e. the most recent year for which data is available. Setting the definitive TAC at 959 tonnes will ensure that the current fishing pressure on pollack in ICES subarea 8 and division 9a does not increase. Scientific advice by ICES11 estimates the fishing mortality for that stock to be currently below the level that gives the maximum sustainable yield (MSY). In addition, setting the definitive TAC at the level of 959 tonnes will, according to the Ifremer study, allow the TACs for European seabass (Dicentrarchus labrax), Norway lobster and common sole to be fished at respectively 56%, 47% and 55%. Moreover, while that level will decrease the total income of fleets, in particular of French fleets, fishers will be able to continue fishing the TACs for European seabass, Norway lobster and common sole until the fourth quarter of 2024; and
- increase the minimum conservation reference size for pollack in ICES divisions 8a, 8b, 8d and 8e for 2024 from 30 cm to 42 cm. According to the 2023 ICES benchmark for that stock and the relevant ICES working group report12, 42 cm corresponds to the length-at-maturity for that stock. Consequently, this measure will ensure that immature individuals are protected to a greater extent and thus contribute to the recovery of the biomass of that stock, which scientific advice by ICES estimates to be currently below the biomass index trigger value (Itrigger). Moreover, without this measure, the level of the definitive TAC for pollack in ICES divisions 8a, 8b, 8d and 8e for 2024 would have to be reduced further to allow pollack in ICES subarea 8 and division 9a to recover. This measure should apply only until the adoption of a delegated act adopted in accordance with Article 15(2) of Regulation (EU) 2019/1241 of the European Parliament and of the Council13 and amending Annex VII, part A, of that Regulation by introducing a corresponding technical measure.
In addition, pursuant to Article 5(3) of Regulation (EU) 2019/472, it is proposed to prohibit the targeting of pollack in ICES divisions 8a, 8b, 8d and 8e by fishing vessels targeting European seabass, Norway lobster and common sole using demersal trawls14, seines15, and fixed gillnets16.
Northern prawn in the Skagerrak-Kattegat
Regulation (EU) 2024/257 provisionally set at zero the TAC for Northern prawn (Pandalus borealis) in EU and Norwegian waters of ICES division 3a (Skagerrak-Kattegat) for the period from 1 July 2024 to 30 June 2025, pending publication by ICES of its scientific advice for Northern prawn in ICES divisions 3a and 4a east (Skagerrak-Kattegat and northern North Sea in the Norwegian deep).
ICES is expected to publish that advice on 7 June 2024. Following the publication of that ICES advice, the EU will hold bilateral consultations with Norway on: (i) the level of the overall fishing opportunities for that stock for the period from 1 July 2024 to 30 June 2025; (ii) the level of the TAC for Northern prawn in ICES division 3a for that period; and (iii) additional exchanges from Norway to the EU of fishing opportunities for Northern prawn in Norwegian waters south of 62ºN for 2024, which, during bilateral consultations on the exchange of quotas and access arrangements for 2024, the EU and Norway agreed to consider. Pending the formal outcome of those bilateral consultations, the text of the relevant recital of Regulation (EU) 2023/19417 is included in square brackets, with relevant adjustments, and the TAC for Northern prawn in EU and Norwegian waters of ICES division 3a for the period from 1 July 2024 to 30 June 2025 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 that TAC for that period at the level agreed with Norway.
Sprat in the North Sea and in the Skagerrak-Kattegat
Regulation (EU) 2024/257 provisionally set at zero the TACs for sprat (Sprattus sprattus) and associated by-catches for the period from 1 July 2024 to 30 June 2025 in: (i) EU and UK waters of ICES subarea 4 and division 2a; and (ii) EU and Norwegian waters of ICES division 3a (Skagerrak-Kattegat), pending publication by ICES of its scientific advice for sprat in ICES subarea 4 and division 3a for the period from 1 July 2024 to 30 June 2025.
ICES is expected to publish that advice on 18 April 2024. Following the publication of that ICES advice, the EU will hold trilateral consultations with the UK and Norway on: (i) the level of the overall fishing opportunities for that stock for the period from 1 July 2024 to 30 June 2025; and (ii) the level of the TAC for sprat in ICES subarea 4 and division 2a and the TAC for sprat in ICES division 3a for that period. Pending the formal outcome of those trilateral consultations, the text of the relevant recital of Regulation (EU) 2023/194 is included in square brackets, with relevant adjustments, and the TACs for sprat and associated by-catches for the period from 1 July 2024 to 30 June 2025 in: (i) EU and UK waters of ICES subarea 4 and division 2a; and (ii) EU and Norwegian waters of ICES division 3a (Skagerrak and Kattegat), are marked ‘pm’ (pro memoria). As soon as the formal outcome of those trilateral consultations is known, the Commission services will update the proposal by means of a non-paper proposing those TACs for that period at the level agreed with the UK and Norway.
Sprat in the English Channel
Regulation (EU) 2024/257 provisionally set at zero the TAC for sprat and associated by-catches in EU and UK waters of ICES divisions 7d and 7e (English Channel) for the period from 1 July 2024 to 30 June 2025, pending publication by ICES of its scientific advice for sprat in that area for that period.
ICES is expected to publish that advice on 18 April 2024. Following the publication of that ICES advice, the EU will hold bilateral consultations with the UK on the level of the TAC for the period from 1 July 2024 to 30 June 2025, pursuant to Articles 498(2), i and (6) of 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 part18 (‘Trade and Cooperation Agreement’). Pending the formal outcome of those bilateral consultations, the text of the relevant recital of Regulation (EU) 2023/194 is included in square brackets, with relevant adjustments and the TAC for sprat and associated by-catches in ICES divisions 7d and 7e for the period from 1 July 2024 to 30 June 2025 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 that TAC for that period at the level agreed with the UK.
Redfish in the north-east Atlantic
Regulation (EU) 2024/257 marked the EU quota for redfish (Sebastes spp.) in international waters of ICES subareas 1 and 2 (north-east Atlantic) ‘to be established’.
To allow fishing to start on 1 July 2024, it is proposed to set that EU quota for redfish in international waters of ICES subareas 1 and 2 for 2024. It is proposed to set that EU quota at the level of 6 000 tonnes, i.e. at the same level as for 2023, pending the availability of scientific advice and to allow to maintenance at historic level of the EU fishing activities for the stock in international waters.
ICCAT
On 13 March 2024, the European Parliament and the Council adopted Regulation (EU) 2024/89719 implementing into EU law certain fisheries management, conservation and control measures in the International Commission for the Conversation of Atlantic Tunas (ICCAT) Convention area.
Regulation (EU) 2024/897 inter alia amends Article 33 of Regulation (EU) 2017/210720 by inserting a new provision in that latter regulation that prohibits EU vessels from harming shortfin mako sharks caught in the Atlantic Ocean north of 5°N, and that requires EU vessels to release promptly such shortfin mako sharks into the sea, while giving due consideration to the safety of crew members. In addition, Articles 32 and 34 to 36 of Regulation (EU) 2017/2107 already prohibit EU vessels from retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus), oceanic whitetip sharks (Carcharhinus longimanus) hammerhead sharks of the Sphyrnidae family and silky sharks (Carcharhinus falciformis), caught in association with ICCAT fisheries, and to promptly release, unharmed specimens back into the sea. To avoid overlapping provisions on the same subject matter, it is therefore appropriate to delete Article 27(1) and (3) to (6) of Regulation (EU) 2024/257.
Regulation 2024/897 also inter alia amends Article 8 of Regulation (EU) 2023/2053 of the European Parliament and of the Council21 by inserting a new provision in that latter regulation whereby Member States may request to transfer a maximum 5% of their annual quota of bluefin tuna (Thunnus thynnus) in the Atlantic Ocean, east of 45°W, and the Mediterranean from the preceding year to a given year. Where Member States make such a request, they are required to submit to the Commission a revised annual fishing plan and a revised annual fishing capacity management plan. Based on such revised annual fishing plans and revised annual fishing capacity management plans, the Commission will submit a revised EU annual plan to the ICCAT Secretariat for discussion and approval by ICCAT, pursuant to Article 11(5) of Regulation (EU) 2023/2053. Pending the possible submission and approval of such a revised EU annual plan by ICCAT, the TAC for bluefin tuna in the Atlantic Ocean, east of 45°W, and the Mediterranean for 2024 is marked ‘pm’ (pro memoria). As soon as such a possible revised EU annual plan is approved by ICCAT, the Commission services will update the proposal by means of a non-paper proposing to amend the TAC for bluefin tuna in the Atlantic Ocean, east of 45°W, and the Mediterranean for 2024.
Pursuant to Article 15(7) of Regulation (EU) 2023/2053, Member States may submit to the Commission revised farming management plans for bluefin tuna in the ICCAT Convention area by 15 May each year. Based on such revised farming management plans, the Commission will submit a revised EU annual plan to the ICCAT Secretariat for discussion and approval by ICCAT. Pending the possible submission and approval of such a revised EU annual plan by ICCAT, the text of the relevant recital of Regulation (EU) 2023/194 is included in square brackets, with relevant adjustments, and the EU maximum farming input and capacity for 2024 are marked ‘pm’ (pro memoria). As soon as such a possible revised EU annual plan is approved by ICCAT, the Commission services will update the proposal by means of a non-paper proposing to amend the relevant maximum farming input and capacity for 2024.
NPFC
At is 2024 annual meeting, the North Pacific Fisheries Commission (NPFC) amended measures for chub mackerel (Scomber japonicus) in the NPFC Convention area and for the first time established catch limits for that stock available to all NPFC Contracting Parties for respectively trawlers and purse seiners for the period from 1 June 2024 to 31 May 202522. In addition, the NPFC established an additional amount of that stock for the EU for that same period. It also established associated effort limits. Moreover, the NPFC established measures functionally linked to those catch limits and that additional amount, without which: (i) those catch limits for all NPFC Contracting Parties could not have been established; and (ii) the fishing opportunities for chub mackerel in the NPFC Convention area would have to be reduced to protect the non-target species. It is proposed to implement those fishing opportunities and functionally linked measures in EU law. Regarding the catch limits and the additional amount for the EU, as Member States have not fished for that stock in the past, it is proposed to allocate those at EU level.
Correction of errors
In Annex IA, Part B, to Regulation (EU) 2024/257, as amended by Council Regulation (EU) 2024/101523, the following errors should be corrected:
- Table 103, footnote 1: the reporting code ‘MAC/*3A4-BC’ should be replaced by ‘MAC/*3A4BC’.
- Table 123, footnote 2: In addition to the EU quota for industrial fish in Norwegian waters of ICES subarea 4, the amount of horse mackerel (Trachurus spp.) that may be caught under that EU quota should also be set in line with outcome of the fisheries consultations between Norway and the EU, on behalf of Sweden, for 202424. That amount should therefore be set at the level of 400 tonnes.
Contents
- Table 1, footnote 1: for reasons of legal clarity, the reference to FAO subarea 51.7 should be deleted, as the area set out in that footnote also covers parts of FAO subarea 51.6.
- Table 2, footnote 1: in line with the approach followed in Table 1, the reference to FAO subarea 51.7 should be deleted.
- Table 3, footnote 1: in line with the approach followed in Table 1, the reference to FAO subarea 57.4 should be deleted. In addition, the coordinates of points 1 and 4 should be corrected.
In Regulations (EU) 2023/194 and (EU) 2024/257, the following errors regarding prohibited species should be corrected:
- Article 18(1), point (p), and Annex IA, Part D, to Regulation (EU) 2023/194: In line with NEAFC recommendations 08:2024 to 10:202425, EU fishing vessels shall not fish for, retain on board, tranship or land the deep-sea sharks, deep-sea rays (Rajiformes) and deep-sea Chimaeras, listed in those recommendations in: (i) all international waters of the North-East Atlantic Fisheries Commission (NEAFC) Convention area26 (NEAFC ‘Regulatory Area’); and, as appropriate, (ii) EU waters of the NEAFC Convention area. Therefore, the prohibitions should also apply to EU fishing vessels in international waters of ICES subareas 1, 2 and 14. In addition, the prohibitions should also apply to: (i) the deep-sea shark blackmouth dogfish (Galeus melastomus); (ii) the Rajiformes species listed in NEAFC recommendation 10:2024; and (iii) the Chimaeras species listed in NEAFC recommendation 08:2024; and
- Article 18(1), point (p), and Annex IA, Part D, to Regulation (EU) 2023/194, Article 20(1), points (c) to (f), and Article 55(1), point (d), of Regulation (EU) 2024/257: To ensure legal clarity, the prohibitions should be deleted in Regulation (EU) 2024/257 and be included in Regulation (EU) 2023/194.