Explanatory Memorandum to COM(2024)506 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)506 - . |
|---|---|
| source | COM(2024)506 |
| date | 31-10-2024 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Regulation (EU) No 1380/20131 of the European Parliament and of the Council on the Common Fisheries Policy (CFP) (‘Basic Regulation’) sets out objectives that are inter alia to be applied when establishing fishing opportunities, i.e. catch and fishing effort limits, with the aim of ensuring that EU fisheries are ecologically, economically and socially sustainable. The European Parliament and the Council adopted Regulations (EU) 2018/9732 and (EU) 2019/4723 establishing multiannual plans (‘MAPs’) for the North Sea and for the Western Waters specifying for certain stocks how to reach those objectives when fixing fishing opportunities (‘North Sea MAP’ and ‘Western Waters MAP’).
The fishing opportunities are to be fixed for most stocks every year and for certain stocks every 2 to 4 years.
Some of the fishing opportunities are to be fixed autonomously by the EU, while some are to be fixed following multilateral or bilateral consultations with non-EU countries.
Contents
- This proposal aims to fix fishing opportunities for certain:
- - stocks managed by regional fisheries management organisations (RFMOs); and
- - the scientific advice for some autonomous EU stocks was not yet available when the proposal was adopted; or
- - certain catch limits and other measures from the relevant RFMOs are pending, because the annual meetings have not yet taken place; or
- ICES scientific advice essentially depends on data:
- southern Bay of Biscay and Iberian waters 8c, 9 and 10; EU waters of CECAF 34.1.1
- southern Bay of Biscay and Iberian waters
- southern Bay of Biscay and Iberian waters
- southern Bay of Biscay and Cantabrian Sea
- in the Kattegat
- Bay of Biscay
- Skagerrak-Kattegat and western Baltic Sea
- Iberian waters 9
- Bay of Biscay
- Skagerrak-Kattegat
- Azores waters
- (a) Consultation methods, main sectors targeted and general profile of respondents
- (b) Summary of responses and how they were taken into account
- - achieve the objectives set out in the relevant MAP in the case of mixed fisheries; or
- - avoid serious harm to a stock caused by intra- or inter-species stock dynamics; or
- stocks for which the fishing opportunities are fixed autonomously by the EU, including deep-sea stocks;
- stocks that are: (i) jointly managed with the United Kingdom (UK) in the North Sea and the North-Western Waters, including deep-sea stocks in those areas; (ii) jointly managed with Norway and the UK in the North Sea; (iii) jointly managed with Norway in the Skagerrak-Kattegat; or (iv) subject to North-East Atlantic Fisheries Commission (NEAFC) coastal States consultations;
- stocks in waters of non-EU countries.
A number of fishing opportunities are marked ‘pm’ (pro memoria) in this proposal, because:
- the scientific advice for some autonomous EU stocks was not yet available when the proposal was adopted; or
- certain catch limits and other measures from the relevant RFMOs are pending, because the annual meetings have not yet taken place; or
- pending the conclusion of multilateral or bilateral consultations with certain non-EU countries, figures are not yet available for: (i) stocks jointly managed with non-EU countries; and (ii) fishing opportunities exchanged with non-EU countries; and (iii) stocks in waters of non-EU countries.
Approach for setting fishing opportunities
Fishing opportunities are fixed in accordance with Article 16 i of the Basic Regulation referring to the CFP objectives and the North Sea and Western Waters MAPs.
The Commission publishes annually a communication providing an overview of the state of the stocks based on scientific advice, and explaining its approach to proposing fishing opportunities. The most recent annual communication is entitled ‘Sustainable fishing in the EU: state of play and orientations for 2025’ (COM(2024) 235 final).
The Commission proposes fishing opportunities that are based on scientific advice and in accordance with the approach outlined in the annual communication.
Between 31 May and 30 June 2024, in response to the Commission’s request, the International Council for the Exploration of the Sea (ICES) provided its annual or multiannual scientific advice on a number of autonomous EU stocks covered by this proposal4.
- (i) for stocks for which comprehensive data sets are available, allowing full analytical, age-/length-structured, assessments, ICES produces estimates of the sizes of the stocks and forecasts on how various exploitation scenarios will affect these stock sizes (‘catch scenarios tables’). On that basis, ICES estimates adjustments to the fishing opportunities that will bring the stock to a level that can produce the maximum sustainable yield (MSY);
- (ii) for stocks for which less data is available, ICES does not provide catch scenarios but identifies longer-term trends in recruitment, biomass and fishing mortality. On that basis, ICES estimates fishing opportunities in line with MSY, based on MSY proxies; and
- (iii) for other stocks for which limited data is available, when advising on the level of fishing opportunities, ICES relies on the precautionary approach to fisheries management and applies a certain methodology5. For such stocks for which more data is available, ICES identifies longer-term trends in recruitment, biomass and fishing mortality to assess the status of the stocks, but does not estimate MSY proxies. For such stocks for which the least data is available, ICES identifies trends in catches or landings to assess the status of stocks.
ICES assessments for stocks under points (i) and (ii) are referred to as ‘analytical assessment’ and the advice is referred to as ‘MSY advice’. Assessments for stocks under point (iii) are referred to as ‘precautionary assessment’ and the advice is referred to as ‘precautionary advice’.
For stocks under point (i), ICES publishes advice annually. However, for stocks under points (ii) and (iii), ICES neither performs a stock assessment nor publishes advice on an annual basis. Rather, for such stocks under points (ii) and (iii), ICES assesses longer-term trends. As a result, ICES considers that the assessed status of those stock will not be subject to major changes during the advice period. For those stocks, the advice published by ICES is the best available scientific advice for the entire advice period. For the autonomous EU stocks for which ICES publishes advice that remains valid for several years, the Commission proposes to set annual total allowable catches (TACs) covering the entire advice period, i.e. a period of 2 years (‘multiannual TACs’).
Fishing opportunities available to the EU are allocated among Member States in accordance with Article 16 i of the Basic Regulation on the principle of relative stability.
Fishing opportunities to be proposed later
Fishing opportunities for autonomous EU stocks for which scientific advice is not yet available are marked ‘pm’ in this proposal and will be proposed once that scientific advice becomes available, in accordance with the approach outlined in the annual communication. Once the scientific advice becomes available, this proposal will be updated accordingly by means of Commission services’ non-papers.
Equally, fishing opportunities for certain other stocks will be proposed in light of the outcome of consultations with non-EU countries that are ongoing and of the annual meetings of RFMOs that have not yet taken place. In relation to those consultations and annual meetings of RFMOs, the Commission proposes, and the Council adopts, EU positions, to be expressed on behalf of the EU, in accordance with the approach outlined in the annual communication. For bilateral consultations with the UK on shared stocks and in the case of annual meetings of RFMOs, the Commission proposes, and the Council adopts, specifications of the multiannual positions6.
While the consultations are ongoing, the annual meetings of certain RFMOs have not yet taken place or scientific advice is not yet available, the text of relevant recitals and provisions of Council Regulation (EU) 2024/2577 is included in this proposal in square brackets and fishing opportunities are marked ‘pm’.
Once the consultations with non-EU countries are concluded, the annual meeting of the relevant RFMO has taken place or the scientific advice becomes available, this proposal will be updated by means of Commission services’ non-papers.
Landing obligation
Under Article 15 of the Basic Regulation, all stocks for which there are catch limits have been subject to the landing obligation since 1 January 2019, meaning that all catches should be brought and retained on board the fishing vessels, recorded, landed and counted against the quotas where applicable. However, the Basic Regulation provides for certain exemptions from the landing obligation. Based on joint recommendations by the Member States, the Commission has adopted delegated regulations specifying details of the implementation of the landing obligation for certain fisheries allowing for discards on the basis of de minimis or high survivability exemptions.
Since the introduction of the landing obligation, and in accordance with Article 16(2) of the Basic Regulation, the fishing opportunities have to reflect the change from amount landed to amount caught, given that discarding is in principle no longer allowed.
Taking into account the application of the landing obligation, the Commission proposes TACs on the basis of the ICES catch advice. The proposed EU quotas take account of discards based on established exemptions; these quantities will not be landed and counted against the quotas, and are therefore deducted from the EU quotas. Pending the calculation of those quantities, EU quotas are marked ‘pm’ in this proposal. Moreover, for stocks for which ICES provides only landings advice, the Commission proposes TACs on the basis of that advice.
Year-to-year flexibility
Account must also be taken of the links between the Basic Regulation and Council Regulation (EC) No 847/968. Articles 3 and 4 of that latter Regulation provide for year-to-year flexibility for quotas for both stocks with analytical assessments and with precautionary assessments. Under Article 2 of Regulation (EC) No 847/96, when fixing TACs, the Council is 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 stocks. The Commission proposes to exclude year-to-year flexibility pursuant to Articles 3 and 4 of Regulation (EC) No 847/96 for stocks with analytical assessments with a biomass below Blim9 and for stocks with precautionary assessments for which ICES recommends either zero catches or suspending the targeted fishery.
Article 15(9) of the Basic Regulation provides for further year-to-year flexibility for quotas. However, 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 Basic Regulation should not apply cumulatively.
Year-to-year flexibility for quotas under Article 15(9) of the Basic Regulation should also be excluded where it would undermine achievement of the CFP objectives, in particular for: (i) stocks with analytical assessments with a biomass below Blim and for which only by-catch or scientific fisheries will be permitted; and (ii) stocks with precautionary assessments for which only such fisheries will be permitted. In addition, year-to-year flexibility should be excluded for stocks for which the EU and the relevant non-EU country or countries have not agreed on the application of year-to-year flexibility or have excluded the application of such flexibility on the basis of the biological status of stocks.
Recreational fisheries
Recreational fisheries can have a significant impact on stocks where recreational fisheries take a significant part of the total catches of those stocks. For such stocks, it is therefore appropriate to take into account all activities which may have an impact on the stock status, irrespective of whether or not those activities are commercial or recreational. In order to achieve the CFP objectives and, where relevant, pursuant to Article 10 i of the North Sea MAP and Article 11 of the Western Waters MAP, the Commission proposes measures also for recreational fisheries, including from shore.
Proposed fishing opportunities and explanation
Autonomous EU stocks
| TAC | TAC code | Proposed TAC for 2025 (tonnes) | Proposed TAC change from 2024 | Explanation |
| Anglerfishes (Lophiidae) | ANF/8C3411 | 5 432 | +17% | ICES provides MSY advice10 for two different species of anglerfish in this area: black-bellied anglerfish (Lophius budegassa) and white anglerfish (Lophius piscatorius). The Commission proposes to set the TAC in line with the MSY advice and FMSY point value11 for both species. |
| Hake (Merluccius merluccius) 8c, 9 and 10; EU waters of CECAF 34.1.1 | HKE/8C3411 | 17 445 | rollover | ICES provides MSY advice12 for this stock. The Commission proposes to roll over the TAC for 2024 and to set it in line with the MSY advice and between the FMSY point value and the highest value within the range of FMSY (‘MSY Fupper’). That is in accordance with Article 4(5), point (a), of the Western Waters MAP and takes into account that hake is the most limiting species in the mixed fisheries13. In addition, in order to protect the stock in the long-term, for which TACs have been set in line with MSY Fupper since 2022, the Commission proposes to set the TAC for 2025 below MSY Fupper. |
| Megrims (Lepidorhombus spp.) 8c, 9 and 10; EU waters of CECAF 34.1.1 | LEZ/8C3411 | 4 448 | +23% | ICES provides MSY advice14 for two different species of megrim in this area: Lepidorhombus whiffiagonis and Lepidorhombus Boscii. The Commission proposes to set the TAC in line with the MSY advice and FMSY point value for both species. |
| Norway lobster (Nephrops norvegicus) 8c, functional unit 31 | NEP/8CU31 | 29 | +134% | ICES provides MSY advice15 for this stock. The Commission proposes to set the TAC in line with the MSY advice. |
| Plaice (Pleuronectes platessa) | PLE/03AS. | 2 349 | rollover | ICES provides MSY advice16 for this stock. This TAC represents a proportion (26%) of the ICES advice for plaice in the Kattegat, Belt Seas and the Sound. That figure is based on the catch distribution in 2024 set out in the ICES advice. The Commission proposes to set the TAC in line with the MSY advice and below the lowest value within the range of FMSY (‘MSY Flower’). It proposes to set the TAC below MSY Flower, as in the fisheries targeting Norway lobster, plaice and cod are by-catches and as there is a zero-catch advice for cod. |
| Common sole (Solea solea) 8a and 8b | SOL/8AB. | 2 510 | +0,8% | ICES provides MSY advice17 for this stock. The Commission proposes to set the TAC in line with the MSY advice and the FMSY point value, as reduced proportionally to take into account the decrease in the biomass (biomass is forecast to be at approximately 93% of MSY Btrigger18 and as a result the advised total catch is reduced by 5%). |
| Common sole (Solea solea) 3a; EU waters of subdivisions 22-24 | SOL/3ABC24 | 200 | -39% | ICES provides MSY advice19 for this stock. ICES forecasts that, with catches of above 15 tonnes in 2025, the probability of the stock falling below Blim in 2026 is more than 5%. Pursuant to Articles 4(6) and 7 i of the North Sea MAP, the Commission therefore proposes to suspend the targeted fishery for sole. However, if the TAC for sole were set at a level ensuring that the probability of the stock falling below Blim is less than 5%, the obligation to land all catches, including by-catches from that stock in mixed fisheries, would give rise to the phenomenon of ‘choke species’20 in the fisheries targeting Norway lobster. The Commission therefore proposes to establish a by-catch TAC for sole for the fisheries targeting Norway lobster, at the level of 200 tonnes. That level approximately corresponds to the level of catches of sole in 2023 and, according to ICES, is forecast to keep the biomass of the stock stable. |
| Horse mackerel (Trachurus spp.) | JAX/09. | 173 873 | +5% | ICES provides MSY advice21 for this stock. The Commission proposes to set the TAC in line with the MSY advice. |
| Seabass (Dicentrarchus labrax) 8a and 8b | Not applicable | Not applicable | Not applicable | ICES provides MSY advice22 for this stock. ICES forecasts that in 2024, the biomass of the stock decreases further while remaining below MSY Btrigger but above Blim. The Commission proposes that, when jointly determining their quotas for commercial fisheries, France and Spain should ensure that the sum of commercial landings, commercial discards, recreational landings and recreational discards do not exceed the FMSY point value for total removals, as reduced proportionally to take into account the decrease in the biomass (biomass is forecast to be at approximately 92% of MSY Btrigger and as a result the advised total catch is reduced by 7%). In addition, the Commission proposes to maintain the 1 fish / fisher and day - bag limit for recreational fisheries. Moreover, in order to allow the Commission to monitor the correct application of the objectives and rules set out in the Basic Regulation and in the Western Waters MAPs, the Commission proposes that Member States are to submit to it information regarding those quotas. |
Autonomous EU deep-sea stocks
Stocks listed in Annex 36, table F, of the Trade and Cooperation Agreement
In addition, the Commission proposes fishing opportunities for certain stocks listed in Annex 36, table F, 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 part23 (‘Trade and Cooperation Agreement’). That Annex lists stocks that are only present in one Party’s waters.
| TAC | TAC code | Proposed TAC for 2025 (tonnes) | Proposed TAC change from 2024 | Explanation |
| Red seabream (Pagellus bogaraveo) 10 | SBR/10- | 399 | -35% | ICES provides MSY advice24 for this stock. The Commission proposes to set the TAC in line with the MSY advice. |
Eel
ICES provides advice for the entire natural range of European eel (Anguilla anguilla), which includes the north-east Atlantic and the Mediterranean. Given the critical state of European eel, ICES has:
- (i) for the past two decades, consistently advised to keep the anthropogenic mortality of European eel as close to zero as possible throughout its natural range;
- (ii) in November 2023, advised25 that, when the precautionary approach is applied, there should be zero catches of eel in all habitats for 2024. This concerns both recreational and commercial catches and includes catches of glass eels for restocking and aquaculture;
- (iii) on 30 May 2022, advised26 that, despite Member States’ efforts, no overall progress had been made in achieving the 40% silver eel biomass escapement objective across the entire EU pursuant to Article 2 i of Council Regulation (EC) No 1100/200727. In addition, ICES advised that conservation efforts should be focused on those measures that, by definition, have a high probability of reducing mortality and increasing escapement.
ICES advice for 2025 will be published on 1 November 2024.
A consecutive 3-month closure period for eel fishing was laid down in the annual fishing opportunities regulations for the EU marine and brackish waters of the north-east Atlantic (from 2018 to 2022). Council Regulation (EU) 2023/19428 extended the closure period to 6 months for any eel fishing activity in EU marine and brackish waters of the north-east Atlantic. Furthermore, Regulation (EU) 2023/194 prohibited all recreational eel fisheries in those waters. Council Regulation (EU) 2024/25729 maintained those measures and, in order to ensure the effective protection of silver eel migrating from the Baltic Sea into the North Sea, required that the coastal Member States of ICES subarea 3, that is Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden, should agree on effective closure periods for silver eel. Moreover, Regulation (EU) 2024/257 clarifed the conditions for the application of the derogation for continued limited eel fisheries during the eel migration period.
Given the continued critical state of the European eel, the Commission proposes for 2025 to maintain the measures for eel set out in Regulation (EU) 2024/257. This proposal will be updated after publication by ICES of its scientific advice for European eel in the north-east Atlantic and the Mediterranean for 2025.
• Consistency with existing policy provisions in the policy area
The proposed measures are consistent with the objectives and rules set out in the Basic Regulation and the North Sea and Western Waters MAPs.
• Consistency with other EU policies
The proposed measures are consistent with other EU policies, in particular Directive 2008/56/EC of the European Parliament and of the Council30 (‘Marine Strategy Framework Directive’), and aim to contribute to achieving good environmental status, in particular as regards descriptor 3, which requires all commercially exploited fish and shellfish to be within safe biological limits.
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 exclusive competence of the EU 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 and rules set out in the Basic Regulation and the North Sea and Western Waters MAPs as well as the outcomes of certain annual meetings of RFMOs that have already taken place. Consequently, the fishing opportunities should be fixed on the basis of the best available scientific advice, taking into account biological and socio-economic considerations, in mixed fisheries where possible.
Pursuant to Article 16(6) and (7) and Article 17 of the Basic Regulation, Member States are to decide how the fishing opportunities available to them may be allocated to vessels flying their flag in accordance with certain criteria set out in those Articles. Therefore, Member States have the necessary margin of discretion when distributing the allocated quotas, in line with their preferred social/economic model for using the fishing opportunities available to them.
• Choice of instrument
A regulation is considered the most appropriate instrument as 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
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 2025’.
Stakeholders’ responses to the above 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 this proposal.
• Collection and use of expertise
ICES expert groups and decision-making bodies have developed a framework for its scientific advice. ICES scientific advice is issued on the basis of that framework and in line with the objectives and rules of the Basic Regulation and the North Sea and Western Waters MAPs, as requested by the Commission.
One of the objectives of the CFP is to restore stocks to levels that can deliver MSY and to maintain them at those levels. This objective is incorporated expressly in Article 2(2) of the Basic Regulation, which provides that this ‘shall be achieved […] by 2020 for all stocks’.
Fishing opportunities for target stocks in the North Sea and Western Waters31 and for which there is MSY advice are to be set on the basis of the relevant MAPs, which define a range of fishing mortality values resulting in MSY (‘range of FMSY’) and therefore offer a degree of flexibility under specific conditions. The Commission has asked ICES to provide scientific advice that can be used to implement the flexibility, including to assess whether the conditions for using that flexibility are met. The upper range of FMSY values may be used for fixing TACs, if the biomass of the stock in question is above MSY Btrigger, and only if, based on scientific advice or evidence, that is necessary to:
- limit high year-to-year fluctuations.
Where the stock’s biomass is below MSY Btrigger, the fishing opportunities should be fixed at a level corresponding to the fishing mortality that is reduced proportionally to take into account the decrease in the biomass.
This proposal therefore makes use of the MSY advice, where available. In line with the CFP objectives, where TACs are proposed on the basis of MSY advice, they correspond to the level that, according to that advice, would ensure delivery of MSY. This approach is in line with the principles set out in the annual communication ‘Sustainable fishing in the EU: state of play and orientations for 2025’.
Pursuant to Article 4(6) of the North Sea MAP and Article 4(7) of the Western Waters MAP, fishing opportunities for target stocks should be fixed to ensure that there is less than a 5% probability of the biomass falling below Blim. Where MSY advice is available, ICES may indicate such probabilities, in the short-term, in its advice. To ensure that the probability is achieved, the fishing mortality of the target stock may have to be reduced accordingly or the targeted fishery may have to be suspended.
For data-limited target stocks, ICES scientific advice provides quantitative guidance on catches and this has been used to establish the level of the proposed TACs.
Fishing opportunities for by-catch stocks in the North Sea and Western Waters should also be fixed on the basis of the relevant MAPs. TACs for by-catch stocks are proposed on the basis of the MSY advice, where available. When fixing fishing opportunities for by-catch stocks, mixed fisheries considerations should also be taken into account pursuant to Article 5(3) of the North Sea and Western Waters MAPs and Article 16 i of of the Basic Regulation, in conjunction with Article 2 i and (5), points (c) and (f), of that Regulation.
For data-limited by-catch stocks, TACs are proposed on the basis of the quantitative guidance on catches provided in the ICES scientific advice.
• Impact assessment
The scope of the fishing opportunities regulation is circumscribed by Article 43(3) TFEU.
This 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 fishing opportunities for RFMOs stocks and for stocks jointly managed with non-EU countries, this proposal essentially 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 complies with 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 1224/200932.