Considerations on COM(2022)563 - Management, conservation and control measures applicable in the Area covered under the Southern Indian Ocean Fisheries Agreement (SIOFA)

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dossier COM(2022)563 - Management, conservation and control measures applicable in the Area covered under the Southern Indian Ocean Fisheries ...
document COM(2022)563 EN
date November  4, 2022
 
(1) The objective of the Common Fisheries Policy (‘CFP'), as set out in Regulation (EU) No 1380/2013 5 of the European Parliament and of the Council, is to ensure the exploitation of living aquatic resources contributes to long-term environmental, economic and social sustainability.

(2) The European Union has, by means of Council Decision 98/392/EC 6 , approved the United Nations Convention of 10 December 1982 on the Law of the Sea. By means of Council Decision 98/414/EC 7 , the Union has approved the Agreement for the Implementation of that Convention relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, which contain principles and rules with regard to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the Union participates in efforts made in international waters to conserve fish stocks.

(3) Pursuant to Council Decision 2008/780/EC of 29 September 2008 8 , the Union approved the Southern Indian Ocean Fisheries Agreement (SIOFA).

(4) The Contracting Parties to the SIOFA meet periodically in the ‘Meeting of the Parties’ to consider matters pertaining to the implementation of the Agreement and to make all decisions relevant thereto.

(5) The Meeting of the Parties adopts conservation and management measures (CMMs) that are binding on the Contracting Parties, Participating Fishing Entities and Cooperating non-Contracting Parties to the SIOFA, including on the Union. This Regulation implements into Union law the CMMs adopted between 2016 and 2022.

(6) To ensure compliance with the CFP, Union legislation has been adopted to establish a system of control, inspection and enforcement, which includes the fight against illegal, unreported and unregulated (IUU) fishing. In particular, Council Regulation (EC) No 1224/2009 9 establishes a Union system for control, inspection and enforcement with a global and integrated approach so as to ensure compliance with all the rules of the CFP. Commission Implementing Regulation (EU) No 404/2011 10 lays down detailed rules for the implementation of Council Regulation (EC) No 1224/2009. Council Regulation (EC) No 1005/2008 11 establishes a Community system to prevent, deter and eliminate IUU fishing. It is therefore not necessary to include the CMMs covering those provisions in this Regulation.

(7) In accordance with Article 29(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council, the positions of the Union in regional fisheries management organisations are to be based on the best available scientific advice so as to ensure that fishery resources are managed in accordance with the objectives of the CFP, in particular with the objective of progressively restoring and maintaining populations of fish stocks above biomass levels capable of producing maximum sustainable yield (‘MSY’), and with the objective of providing conditions for an economically viable and competitive fishing, capture and processing industry and land-based fishing related activity.

(8) In order to implement swiftly into Union law future CMMs amending or supplementing the ones established in this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending provisions concerning:  (i) the information required for vessel authorisation; (ii) changes of type of fishing or fishing gear; (iii) number of catch/recovery of Vulnerable Marine Ecosystems (VMEs) indicator units, and distances within which to cease bottom fishing where evidence of a VME is encountered above threshold levels within the course of fishing operations; scientific observer coverage for bottom fishing and introduction of an electronic observer programme; (iv) measures for the toothfish fishery in the Del Cano Rise and Williams Ridge areas; and (v) changes to Annexes to this Regulation.

(9) In addition, this Regulation includes dynamic references to CMMs that are to be used by Member States, in order for a reference to a SIOFA document to include a reference to any subsequent amendments of that document.

(10) The CMMs also prescribe compulsory use by operators of reporting formats or data exchanges related to the entry to and exit from particular areas, the start and end points of setting fishing gear, transshipment and transfer operations, and the sighting of third country vessels. These data requirements and templates are already used by the Union fleet and publicly available on the SIOFA website. As these requirements and templates are amended from time to time and there is currently only one Union fishing vessel active in the fisheries managed by the SIOFA, it is appropriate that the requirements and templates be provided by Member States having fishing opportunities in the SIOFA Area to their fishing vessels when issuing fishing authorisations. Dynamic references to these documents are provided in this Regulation, in order for a reference to a SIOFA document to include any subsequent amendments.

(11) It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 12 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. 

(12) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council 13 , and delivered formal comments on []. Personal data processed in the framework of this Regulation should be treated in accordance with the applicable provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council 14 and Regulation (EU) 2018/1725. In order to ensure the fulfilment of obligations under this Regulation, the personal data should be stored for a period of 10 years. In the event that the personal data in question are needed for the follow-up on an infringement, an inspection or judicial or administrative procedures, it is possible to store those data for a period exceeding 10 years, but no longer than 20 years.

(13) The delegation of powers provided for in this Regulation should be without prejudice to the implementation of future CMMs into Union law through the ordinary legislative procedure.