Considerations on COM(2024)392 - - Main contents
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| dossier | COM(2024)392 - . |
|---|---|
| document | COM(2024)392 |
| date | September 2, 2024 |
(2) Regulation (EU) 2024/257, as amended by Regulation (EU) 2024/185621, set a provisional total allowable catch (TAC) for anchovy (Engraulis encrasicolus) in ICES subareas 9 and 10 and Union waters of Committee for Eastern Central Atlantic Fisheries (CECAF) division 34.1.1 for the period from 1 July 2024 to 30 September 2024 at the level of 4 997 tonnes, pending the publication by the International Council for the Exploration of the Sea (ICES) of its scientific advice for anchovy in ICES division 9a for that period, and allowed fishing to continue. Following the publication of that advice on 21 June 2024, the definitive TAC for anchovy in ICES subareas 9 and 10 and Union waters of CECAF division 34.1.1 for the period from 1 July 2024 to 30 June 2025 should be set at the level advised by ICES for the western and the southern populations occurring in that area. In addition, a special condition should be established under which catches in the southern part of the TAC area may not exceed 969 tonnes, in accordance with the ICES advice for the population occurring in that area. Moreover, to take into account that catches may already have occurred under the provisional TAC, catches of anchovy in the southern part of the TAC area during the period from 1 July 2024 to 30 September 2024 in addition to the special condition of 969 tonnes should be allowed, provided that certain conditions are met.
(3) On 29 July 2024, the Scientific, Technical and Economic Committee for Fisheries (STECF) published its advice on the socio-economic impact of maintaining the TACs for pollack (Pollachius pollachius) in ICES division 8c and in subareas 9 and 10 and Union waters of Committee for Eastern Central Atlantic Fisheries (CECAF) division 34.1.1 for 2024 at the level advised by ICES22. STECF indicates the level of those TACs required to avoid the phenomenon of ‘choke species’23. Therefore, the TACs for 2024 set by Regulation (EU) 2024/257 should be increased. Pursuant to Article 5(3) of Regulation (EU) 2019/472 of the European Parliament and of the Council24 (‘Western Waters multiannual plan’, Western Waters MAP), those TACs should be set at a level of 108 tonnes in ICES division 8c and 132 tonnes in subareas 9 and 10 and Union waters of CECAF division 34.1.1 which, according to that advice, will allow the fleets to continue operating until 18 September 2024 and 8 December 2024 respectively and therefore reduce: (i) the phenomenon of ‘choke species’ and a premature closure of the relevant fisheries; and (ii) associated socio-economic impacts on the fisheries sector.
(4) For certain additional stocks, both the EU quotas and Member States quotas for 2024 should be amended to take into account the required landing obligation exemptions deductions.
(5) On 13 March 2024, the European Parliament and the Council adopted Regulation (EU) 2024/89725 implementing into Union law certain fisheries management, conservation and control measures in the International Commission for the Conversation of Atlantic Tunas (ICCAT) Convention area. Regulation (EU) 2024/897 amends Article 9(4) and Article 12, points (f) and (g), of Regulation (EU) 2017/210726 by inserting new provisions in that latter regulation. To avoid overlapping provisions on the same subject matter, Article 28 of Regulation (EU) 2024/257 should be amended accordingly.
(6) Regulation (EU) 2023/194, set a TAC for red seabream (Pagellus bogaraveo) in ICES subarea 9 for 2024 at the level of 114 tonnes. ICES published its advice for that stock for 2025 and 2026 on 16 August 2024. For 2025 and 2026, ICES for the first time provided advice for two different populations of red seabream in that area. ICES explains that this is because, firstly, two populations of red seabream occur in ICES subarea 9: (i) red seabream distributed in ICES subarea 9 except for the Atlantic part of the Strait of Gibraltar (i.e. Galician and Portuguese coast); and (ii) red seabream distributed in the Atlantic part of the Strait of Gibraltar and in the western Mediterranean. Secondly, ICES explains that the advice of the General Fisheries Commission for the Mediterranean (GFCM) Scientific Advisory Committee on Fisheries (SAC) for red seabream in GFCM geographical subareas 1 and 3 (western Mediterranean) covers the red seabream population distributed in the western Mediterranean and in the Atlantic part of the Strait of Gibraltar. In addition, according to the latest draft advice of the SAC for that stock for 2025: (i) the biomass has been below Blim27 since 2011; (ii) the stock’s biomass in 2024 is at 30% of Blim; (iii) the biomass will remain below Blim even with no fishing in 2025; and (iv) the fishing mortality is currently at 204% of the FMSY28 proxy. Moreover, ICES advised for red seabream in the Atlantic part of the Strait of Gibraltar for 2025 and 2026 that “catches should be minimized”. Consequently, fishing for red seabream in the Atlantic part of the Strait of Gibraltar in the remainder of 2024, under the TAC for red seabream in ICES subarea 9 for 2024, may pose a serious threat to that stock. That serious threat should be addressed urgently. Therefore, in accordance with Articles 4(7) and 8(2) of the Western Waters MAP, the fishery for red seabream in the Atlantic part of the Strait of Gibraltar should be suspended.
(7) Regulations (EU) 2024/257 and (EU) 2023/194 should therefore be amended accordingly.
(8) The provisions of this Regulation amending provisions of Regulation (EU) 2024/257 regarding: (i) pollack in ICES division 8c and in subareas 9 and 10 and Union waters of CECAF division 34.1.1, except for the prohibition of directed fisheries; and (ii) ICCAT, should apply from 1 January 2024, in line with the application period of the amended provisions. The TAC for anchovy in ICES subareas 9 and 10 and Union waters of CECAF division 34.1.1 should apply from 1 July 2024, again in line with the application period of the amended provision. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the level of the fishing opportunities are maintained or increased.
(9) Given the urgency of avoiding interruptions to fishing activities, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union,