On 29 April 2021 the Council adopted Decision (EU) 2021/689 (1) on the conclusion 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 part (2) (the ‘Trade and Cooperation Agreement’). The Trade and Cooperation Agreement entered into force on 1 May 2021.
(2)
Under Article 494 of the Trade and Cooperation Agreement, the Union and the United Kingdom (the ‘Parties’) 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. The 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 (MSY).
(3)
Pursuant to Article 498 of the Trade and Cooperation Agreement, the Parties are to hold annual consultations to agree on total allowable catches (TACs) for shared stocks.
(4)
The Commission should carry out the annual consultations on behalf of the Union and on the basis of Union positions to be established by the Council in accordance with the relevant Treaty provisions.
(5)
The regular and full involvement of the Council and its preparatory bodies in the process of annual consultations with the United Kingdom on fixing fishing opportunities for the stocks in question should be ensured by means of extensive coordination and cooperation between the Council and the Commission, in accordance with the principle of sincere cooperation among the Union institutions enshrined in Article 13(2) of the Treaty on European Union (TEU).
(6)
The European Parliament is to be immediately and fully informed pursuant to Article 218(10) of the Treaty on the Functioning of the European Union (TFEU).
(7)
Article 2(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3) requires the Union 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.
(8)
Article 2(2) of Regulation (EU) No 1380/2013 requires the Union to apply the precautionary approach to fisheries management and to aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels that can produce MSY.
(9)
Article 2(5), point (j), of Regulation (EU) No 1380/2013 requires that fisheries management be coherent with the objective of achieving a good environmental status as set out in Directive 2008/56/EC of the European Parliament and of the Council (4). Article 2(5), point (a), of Regulation (EU) No 1380/2013, read in conjunction with Article 7(1), point (d), of that Regulation, further requires the Union to gradually eliminate discards by, inter alia, promoting fishing methods that contribute to more selective fishing and to the avoidance and reduction, as far as possible, of unwanted catches, as well as fishing with low impact on marine ecosystem and fishery resources.
(10)
Article 3, point (c), of Regulation (EU) No 1380/2013 provides that the Union is to take management and conservation measures based on the best available scientific advice.
(11)
Article 28 of Regulation (EU) No 1380/2013 provides that the Union is to conduct its external fisheries relations in accordance with the objectives and principles set out in Articles 2 and 3 of that Regulation and is to, inter alia, actively support and contribute to the development of scientific knowledge and advice. Article 28 of Regulation (EU) No 1380/2013 also provides that the provisions on external policy set out in Part VI of that Regulation are without prejudice to specific provisions adopted under Article 218 TFEU.
(12)
Article 33 of Regulation (EU) No 1380/2013 lays down principles and objectives of the management of stocks of common interest to the Union and third countries, as well as provisions concerning agreements on exchange and joint management.
(13)
In view of the evolving nature of fishery resources covered by the Trade and Cooperation Agreement and the need for the Union’s position to take account of new developments, including new scientific and other relevant information presented before or during the annual consultations, provisions should be laid down for the year-to-year specification of the Union position in those consultations. Those provisions should be in accordance with the principle of sincere cooperation among the Union institutions enshrined in Article 13(2) TEU.
(14)
Pursuant to point 2(c) of Annex II to Council Decision (EU) 2021/1765 (5), the Union may seek to record matters agreed by the Parties following consultations under Article 498 of the Trade and Cooperation Agreement.
(15)
It is therefore appropriate to establish the position to be adopted on behalf of the Union in the annual consultations with the United Kingdom, as the outcome of those consultations should be implemented into Union law,
