123 on fishing opportunities in 2020 in Union and non-Union waters - Main contents

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dossier	COM(2020)205 - Amending Regulation 2019/1838 on fishing opportunities for 2020 in the Baltic Sea, and Regulation 2020/123 on fishing ...
document	COM(2020)205
date	May 20, 2020

(1) Council Regulation (EU) 2019/1838 ⁵ fixes for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea. It establishes spawning closure periods for the two Baltic cod stocks with a derogation for fishing vessels of less than 12 meters length overall that fish with certain passive gears. Fishing with drifting lines is excluded from the derogation. It is however considered that the use of drifting lines should be allowed and should thus be included in the derogation, as in the previous fishing opportunities regulations. Regulation (EU) 2019/1838 should therefore be amended accordingly.

(2) Council Regulation (EU) 2020/123 ⁶ fixes for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain non-Union waters.

(3) The fishing mortality (F) for North sea cod (Gadus morhua) has increased since 2016 and is now estimated to be above Flim (i.e. a limit fishing mortality reference point which in the long term will result in an average stock size at Blim. Fishing at levels above Flim will result in a decline in the stock to levels below Blim). Consequentley, the spawning-stock biomass (SSB) has decreased since 2015 and is estimated to be below Blim, (i.e. reference point provided for in the best available scientific advice, in particular by ICES, below which there may be reduced reproductive capacity), while recruitment has remained poor since 1998, but was exceptionally poor in 2016 and 2018.

(4) In accordance with Article 7(2) of the North Sea multiannual plan ⁷ , where scientific advice indicates that the SSB of any of the stocks referred to in Article 1(1) of that plan is below the Blim, further remedial measures must be taken to ensure rapid return of the stock to levels above the level capable of producing maximum sustainable yield (MSY). In particular, those remedial measures may include suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities for those stocks or other stocks in the fisheries having by-catches of cod, or both.

(5) In the absence of a Joint Recommendation from the regional group of the North Sea Member States, the Commission is proposing to introduce additional technical measures in accordance with commitments made between the European Union and Norway, which are consistent with the joint statement of the European Commission and the Council ⁸ .

(6) In order to reduce catches of the stocks for which by-catch Total Allowable Catch (TACs) are set, fishing opportunities for the fisheries in which fish from those stocks is caught should be set at levels that help the biomass of vulnerable stocks to recover to sustainable levels. Technical and control measures that are functionally linked to fishing opportunities should also be established to prevent illegal discarding. In its mixed fisheries overview for the North Sea, the International Council for the Exploration of the Seas (ICES) ⁹ estimates that in the absence of any changes to fishing patterns and in light of illegal discarding, catches of cod are estimated to be in the order of 40 000t set against an agreed TAC of 17 679t. In order to minimise the risk of catches significantly exceeding the agreed TAC, additional measures to further limit catches are required.

(7) In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway ¹⁰ the Union has held consultations on fishing rights with Norway. The Parties have agreed to recommend to their respective authorities the introduction of additional remedial measures to supplement the TAC already agreed in December 2019, so as to provide additional protection for both juvenile and adult cod on a temporary basis during 2020. These measures should include seasonal closures for the protection of juveniles, restricted areas with specific access conditions, the introduction of new fishing gear-based measures, and also include on a voluntary basis, and if individual operators desire as an alternative, the option to have equipment installed for fully documented fisheries to permit access to such restricted areas.

(8) On 9 March 2020, ICES issued advice for catches of Northern prawn (Pandalus borealis) in ICES divisions 3a and 4a East (Skagerrak, Kattegat, and the northern North Sea in the Norwegian Deep). On the basis of that advice and following consultations with Norway, it is appropriate to fix the Union quota for Northern prawn in ICES division 3a at 3 266 tonnes, in line with the maximum sustainable yield.

(9) According to the ICES advice of 14 April 2020, catches of sprat (Sprattus sprattus) in the North Sea, Norwegian Sea, Skagerrak and Kattegatt should be no more than XXX tonnes for the period from 1 July 2020 to 30 June 2021. The fishing opportunities for sprat in ICES division 2a (Norwegian Sea), ICES subarea 4 (North Sea) and ICES division 3a for that period should be set accordingly.

(10) The TAC for anchovy (Engraulis encrasicolus) in ICES subareas 9 and 10 and Union waters of the Fishery Committee for the Eastern Central Atlantic (CECAF) 34.1.1 for the period from 1 July 2020 to 30 June 2021 has been set at zero, pending the scientific advice for that period. ICES will issue its advice for this stock at the end of June 2020. In order to ensure that fishing activity may continue until the TAC is set on the basis of the latest scientific advice, a provisional TAC of 4 018 tonnes, based on the catches in the third quarter of 2019, should be established. The TAC will be amended in line with the ICES scientific advice.

(11) In the Agreed Record of Fisheries Consultations between Norway and the European Union for 2020 ¹¹ of 19 December 2019 between the European Union and Norway, the Parties agreed that, in addition to the agreed 50 000 tonnes of herring (Clupea harengus) that Norway can fish from its quota in Union waters of 4a and 4b, and that the European Union can fish from its quota in Norwegian waters south of 62° N, an additional quantity of maximum 10 000 tonnes will be granted if such an increase is called for respectively by Norway or by the European Union. This agreement must be implemented in Union law.

(12) At its 2020 annual meeting held from 14 to 18 February 2020, the South Pacific Regional Fisheries Management Organisation (SPRFMO) reviewed the conservation measure for jack mackerel (Trachurus murphyi). The applicable measures should be implemented in Union law.

(13) At its annual meeting held between 23 and 27 September 2019, the Northwest Atlantic Fisheries Organisation (NAFO), decided to close the fishery for splendid alfonsino (Beryx splendens) in NAFO subarea 6 due to a possible depletion of the stock. These measures should therefore be implemented in Union law and the list of prohibited species should therefore be amended accordingly.

(14) The International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommendation 16-05, which decreased the TAC for Mediterranean swordfish in 2020, has already been implemented in Union law. However, in January 2020, the ICCAT Secretariat issued guidelines for the calculation of the TAC for Mediterranean swordfish (Xiphias gladius). As a result, the EU quota needs to be updated accordingly.

(15) At its 2019 annual meeting held between 17 and 21 June 2019, the Indian Ocean Tuna Commission (IOTC) adopted new catch limits for yellowfin tuna (Thunnus albacares) that do not affect the Union catch limits in the framework of IOTC. However, it reduced possibilities for using fish aggregating devices (FADs), supply vessels as well as instrumented buoys. Therefore, further changes should be made to Regulation EU 2020/123 to ensure that the implementing rules properly reflect the decisions taken by the Parties to the IOTC.

(16) At its annual meeting in July 2019, the Southern Indian Ocean Fisheries Agreement (SIOFA) decided on bottom fishing measures and effort limitations in the Agreement area. Those measures were implemented in Union law by Regulation 2020/123. However, further changes should be made to ensure that implementing rules properly reflect the decisions taken by SIOFA regarding limits to bottom fishing.

(17) Fishing licenses are granted by the European Commission to vessels flying the Venezuelan flag in order to allow them to fish for snapper in European waters off the coast of French Guiana. Regulation (EU) 2020/123 provides for granting of 45 licenses. In order to issue these authorisations, proof is to be provided that a valid contract has been concluded between the shipowner and a processing company located in the Department of French Guiana. During the authorisation process in between two years, continuity of fishing operations should be allowed under certain conditions.

(18) Regulation (EU) 2020/123 should therefore be amended accordingly.

(19) The catch limits provided for in Regulation (EU) 2019/1838 and Regulation (EU) 2020/123 apply from 1 January 2020. The provisions introduced by this amending Regulation concerning catch limits should therefore enter in force as soon as possible and apply from 1 January 2020. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations, as the fishing opportunities concerned have not yet been exhausted.

(20) The United Kingdom has been consulted in accordance with Article 130(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community,