Explanatory Memorandum to COM(2024)408 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)408 - . |
|---|---|
| source | COM(2024)408 |
| date | 16-09-2024 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
All fishing opportunities regulations must limit the harvesting of fish stocks to levels consistent with the overall objectives of the common fisheries policy (CFP). Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy (the ‘CFP Basic Regulation’)1 sets out objectives for catch and fishing effort limits to ensure that marine biological resources are exploited under sustainable economic, environmental and social conditions. The European Parliament and the Council have adopted Regulation (EU) 2019/1022 establishing the multiannual plan for demersal stocks in the western Mediterranean2, which specifies how to achieve those objectives when fixing fishing opportunities.
The objective of this proposal for a Council regulation is to fix the fishing opportunities for certain stocks and groups of stocks in the Mediterranean and the Black Seas.
In line with the multiannual plan for demersal stocks in the western Mediterranean, this proposal aims to fix fishing opportunities. These fishing opportunities are expressed in terms of maximum allowable fishing effort for all stocks and, in addition, maximum catch limits for deep-water shrimps. It is proposed to allocate of these limits to the Member States concerned (Spain, France and Italy).
This proposal also proposes to fix fishing opportunities pursuant to agreements reached in the framework of the General Fisheries Commission for the Mediterranean (GFCM), which is a regional fisheries management organisation responsible for the conservation and management of living marine resources in the Mediterranean and Black Seas. The European Union is a member of the GFCM, together with Bulgaria, Greece, Spain, France, Croatia, Italy, Cyprus, Malta, Romania and Slovenia. Measures adopted in the framework of the GFCM are binding on its members. This proposal also proposes to fix fishing opportunities pursuant to agreements reached in the framework of the GFCM.
Finally, this proposal proposes to fix an autonomous quota for Black Sea sprat in order not to increase the current level of fishing mortality.
• Consistency with existing policy provisions in the policy area
The proposed measures are consistent with the objectives and rules of the CFP.
• Consistency with other Union policies
The proposed measures are consistent with the other Union policies, in particular 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 (for non-exclusive competence)
The proposal falls under the Union’s exclusive competence, as referred to in Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply.
• Proportionality
The proposal allocates fishing opportunities to Member States in accordance with the objectives of the CFP Basic Regulation, the multiannual plan for demersal stocks in the western Mediterranean and the outcomes of the annual meeting of the GFCM. Under Articles 16(6) and (7) and Article 17 of the CFP Basic Regulation, Member States are to decide how the fishing opportunities available to them may be allocated to fishing vessels flying their flag in accordance with certain criteria set out in those articles., Member States therefore have the necessary margin of discretion when distributing the allocated fishing opportunities in line with their social and economic models.
• Choice of the instrument
A regulation is considered the most appropriate instrument because it makes it possible to set requirements that apply directly to Member States and relevant economic operators. This will help ensure that the requirements are implemented in a timely and harmonised way, leading to greater legal certainty.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not applicable.
• Stakeholder consultations
Interested parties were consulted by means of the Communication from the Commission to the European Parliament and the Council of 7 June 2024 entitled – ‘Sustainable fishing in the EU: state of play and orientations for 2025’ (COM(2024) 235 final).
• Collection and use of expertise
The assessment of the state of stocks in the Mediterranean and Black Seas is based on the most recent work by the Scientific, Technical and Economic Committee for Fisheries (STECF) and the GFCM Scientific Advisory Committee on Fisheries.
• Impact assessment
The scope of fishing opportunities regulations is set by Article 43(3) TFEU.
As regards the fishing opportunities established by the GFCM in the Mediterranean and Black Seas, this proposal proposes to implement internationally agreed measures. Any elements relevant to the assessment of possible impacts of the fishing opportunities are dealt with in the preparation and conduct phase of international negotiations in the framework of which the Union’s fishing opportunities are agreed with third parties.
The proposal reflects not only short-term concerns, but also a longer-term approach whereby fishing effort is gradually adjusted to long-term sustainable levels.
• 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 proposal has no budgetary implications.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Monitoring and compliance will be ensured in accordance with Council Regulation (EC) No 1224/20091.
• Detailed explanation of the specific provisions of the proposal
Contents
- The proposal proposes to fix fishing opportunities for 2025 for certain stocks or groups of stocks in the Mediterranean and Black Seas, and for the following, in particular:
- - measures for demersal stocks under the 2019 GFCM multiannual management plan for demersal species in the Adriatic Sea (GSAs 17 and 18):
The proposal proposes to fix fishing opportunities for 2025 for certain stocks or groups of stocks in the Mediterranean and Black Seas, and for the following, in particular:
A. Implementation of the western Mediterranean multiannual management plan
Under the multiannual plan for demersal fisheries in the western Mediterranean, the Council is to set a maximum allowable fishing effort for trawl vessels exploiting demersal stocks in the western Mediterranean, for each fishing effort group, by Member State and for the stock group\s in Annex I to that plan.
In addition, the plan sets out targets and measures for the long-term management of stocks covered by it. From 2025 onwards, the multiannual management plan enters its long term phase where MSY ranges apply, according to Articles 4 and 6. Therefore, the fishing opportunities for 2025 will follow the new ranges provided by STECF and that will be used for the evaluation of the management options in order to produce the most recent scientific advice.
Moreover, Article 7(5) of the multiannual plan provides for the possibility that the fishing regime for trawlers may be supplemented with maximum allowable fishing effort for other fishing gear than trawls on the basis of scientific advice and in order to achieve the value of the estimated fishing mortality that, with a given fishing pattern and under current average environmental conditions, gives and maintains the long-term maximum yield (Fmsy).
In 2023, scientific advice from both the STECF and the GFCM Scientific Advisory Committee recommended that, in order to attain MSY for demersal stocks in the western Mediterranean, swift action ought to be undertaken and real reductions in fishing mortality be adopted. The stocks of hake and one stock of nephrops were so overexploited that STECF estimated them at a level below Blim, that is the limit reference point, expressed as spawning stock biomass and provided for in the best available scientific advice, in particular by STECF, or a similar independent scientific body recognised at Union or international level, below which there may be reduced reproductive capacity
The STECF (STECF-23-11 and PLEN-23-03) advised that a holistic approach, combining effort measures for both trawlers and longliners and catch limits for deep-water shrimps, was necessary to reduce urgently fishing mortality, in particular for hake and deep-water shrimp stocks. This approach was implemented by Council Regulations (EU) 2022/1102, (EU) 2023/1953 and (EU) 2024/2594 fixing the fishing opportunities in the Mediterranean and Black Seas for 2022, 2023 and 2024, and the Commission proposes to continue implementing such an approach in 2025, notwithstanding the expiry of the transitional regime established by Article 7(3) of the multiannual plan. This is because Article 7(1)(e) of the CFP Basic Regulation generally provides that “(…) measures for the conservation and sustainable exploitation of marine biological resources may include (…) measures on the fixing and allocation of fishing opportunities”, which therefore include catch limits.
A number of fishing opportunities are marked ‘pm’ (pro memoria) in this proposal because the scientific advice from the STECF was not yet available when the proposal was adopted. Once the most recent STECF advice becomes available, this proposal will be updated by means of a Commission services’ non-paper.
Furthermore, in order to promote the use of selective gears and to establish efficient closure areas to protect juveniles and spawners, this proposal maintains the compensation mechanism first established in 2022, while defining the specific details once the most recent STECF advice becomes available.
B. GFCM measures applicable in the Mediterranean Sea
- maximum fleet capacity and a freeze of fish aggregating devices (FADs) per vessel, as well as maximum catch limits for common dolphinfish in the entire Mediterranean Sea (GFCM geographical subareas (GSAs) 1 to 27);
- maximum catch limits for deep-water rose shrimp, and maximum allowable fishing effort and fleet capacity for hake in the Strait of Sicily (GSAs 12 to 16);
- maximum fleet capacity and catch limits for giant red shrimp and blue and red shrimp in the Strait of Sicily (GSAs 12 to 16), the Ionian Sea (GSAs 19 to 21) and the Levant Sea (GSAs 24 to 27);
- maximum level of catches and maximum number of longlines and handlines for blackspot seabrem in the Alboran Sea (GSAs 1 to 3);
- maximum levels of catches for anchovy and sardine and measures for small pelagic stocks under the 2021 GFCM multiannual management plan for small pelagic species in the Adriatic Sea (GSAs 17 and 18).
The Commission proposes to continue in 2025 the implementation of the provisions of the plan. As in 2024, the Commission proposes to continue the implementation of the fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagic stocks. This capacity ceiling is based on the capacity reported to the GFCM in 2014.
- measures for demersal stocks under the 2019 GFCM multiannual management plan for demersal species in the Adriatic Sea (GSAs 17 and 18):
At its upcoming annual meeting in November 2024, the GFCM is due to adopt a new recommendation to reduce for 2025 the fishing effort for otter-trawlers (OTB) and for beam-trawlers (TBB). The proposed maximum fleet capacity is in line with the capacity reported to GFCM for either 2025 or the average 2015-2017.
- The proposal includes a series of placeholders, for stocks where the GFCM transitional measures are expiring at the end of 2024 and for which the GFCM should adopt new measures at its upcoming annual meeting(e.g. European eel, red coral andAdriatic small pelagics species).
Once the upcoming annual meeting of the GFCM takes place, the proposal will be updated by means of a Commission services’ non-paper.
C. GFCM measures applicable in the Black Sea
- an autonomous quota for sprat, based on scientific advice;
- the TAC and quota allocation for turbot under the 2017 GFCM multiannual management plan for turbot fisheries, implementing Recommendation GFCM/43/2019/3 (GSA 29).
Regarding the levels of the TAC and quotas for turbot, the proposal will be updated by means of a Commission services’ non-paper.
Measures functionally linked to the fishing opportunities (e.g. spawning closures), are part of this proposal, because without such closure periods (such as for turbot in the Black Sea), the fishing opportunities could not be established at the same levels. The extent of the closure periods may vary, depending on the state of the stock as assessed by the scientific advice.
Council Regulation (EC) No 847/965 lays down further conditions for year-to-year management of fishing opportunities. Articles 3 and 4 of that Regulation provide for year-to-year flexibility provisions for stocks subject to precautionary and analytical TACs, respectively. Under Article 2 of Regulation (EC) No 847/96, the Council is, when fixing TACs, to decide which stocks will not be subject to Articles 3 and 4 of that Regulation, in particular on the basis of the biological status of the stocks.
Article 15(9) of the CFP Basic Regulation also lays down a year-to-year flexibility mechanism for all stocks that are subject to the landing obligation. However, in order to avoid excessive flexibility that would undermine the achievement of the CFP objectives, Articles 3 and 4 of Regulation (EC) No 847/96 and Article 15(9) of the CFP Basic Regulation should not apply cumulatively.