Considerations on COM(2021)68 - EU position in the consultations with the United Kingdom to agree on total allowable catches for 2021 and for certain deep sea stocks for 2021 and 2022

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dossier COM(2021)68 - EU position in the consultations with the United Kingdom to agree on total allowable catches for 2021 and for certain deep ...
document COM(2021)68 EN
date February 11, 2021
 
(1) 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 (‘the TCA’) 5 , was signed on 30 December 2020 by the Union acting upon authorisation by Council Decision (EU) 2020/2252 6 and is provisionally applicable as of 1 January 2021.

(2) Under Article FISH.2 of the TCA, the Union and the United Kingdom agreed to cooperate with a view to ensuring that fishing activities for shared stocks in their waters are environmentally sustainable in the long term and contribute to achieving economic and social benefits, while fully respecting the rights and obligations of independent coastal States as exercised by the Parties. Both Parties share the objective of exploiting shared stocks at rates intended to maintain and progressively restore populations of harvested species above biomass levels that can produce the maximum sustainable yield.

(3) In line with the TCA, the Union needs to consult with the United Kingdom on the joint management of shared marine biological resources, notably shared fish stocks.

(4) Pursuant to Article FISH.6 of the TCA, the Union and the United Kingdom are to hold consultations to agree on total allowable catches (‘TACs’) for shared fish stocks for 2021 and for certain deep-sea stocks for 2021 and 2022.

(5) The annual consultations related to fisheries should be carried out by the Commission on the basis of Union positions which are to be established by the Council in accordance with the relevant Treaty provisions.

(6) The Commission should engage therefore in consultations with the United Kingdom on the setting of such fishing opportunities.The regular and full involvement of the Council in this process is to be ensured by means of an extensive coordination and cooperation between the Council and the Commission.

(7) The European Parliament should be immediately and fully informed about all stages of the procedure, as provided for in Article 218(10) TFEU in order to allow it to exercise fully its prerogatives in accordance with the Treaties.

(8) The consultation and reporting requirement should be compatible with the Commission’ external representation powers and ensure swift and timely outcome of the consultations. The established working method should also respect the Commission’s right of initiative.

(9) It is for the Council to establish the position to be taken on the Union’s behalf in the consultations with the United Kingdom for establishing TACs for shared stocks for the year 2021 and for certain deep sea stocks for the years 2021-2022.

(10) Article 2(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council 7 provides that the Union is to ensure that fishing and aquaculture activities are environmentally sustainable in the long-term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies.

(11) Article 2(2) of Regulation (EU) No 1380/2013 also provides that the Union is to apply the precautionary approach to fisheries management, and is to aim to ensure that exploitation of living marine biological resources restores and maintains population of harvested species above levels, which can produce the maximum sustainable yield. In addition, fisheries management should be coherent with achieving Good Environmental Status under the Marine Strategy Framework Directive (Article 2(5)(j)). Article 2(5) further provides that the Union is to, to support the development of scientific knowledge and advice, to gradually eliminate discards and to promote fishing methods that contribute to more selective fishing and the avoidance and reduction, as far as possible, of unwanted catches, to fishing with low impact on marine ecosystem and fishery resources. Article 3(3) of Regulation (EU) No 1380/2013 provides that the Union is to take management and conservation measures based on best available scientific advice. Besides, Article 28 of that Regulation (EU) No 1380/2013 specifically provides that those objectives and principles are to be applied by the Union in the conduct of its external fisheries relations, and Article 33 of that Regulation (EU) No 1380/2013 provides for the principles and objectives of management of stocks of common interest to the Union and third countries and agreements on exchange and joint management. 

(12) While the Union has set fishing opportunities from 1 January 2021 8 in accordance with article FISH 7 TCA, these should be agreed with the United Kingdom.

(13) It is appropriate to establish the position to be taken on the Union's behalf during the consultations, as the result of the consultations should be implemented into the Union law.