Considerations on COM(2024)408 -

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dossier COM(2024)408 - .
document COM(2024)408
date September 16, 2024
 
(1) The Council is to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked to those fishing opportunities, as appropriate. Under Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities are to be fixed in accordance with the objectives of the common fisheries policy (CFP) set out in Article 2(2) of that Regulation. Under Article 16(1) of Regulation (EU) No 1380/2013, fishing opportunities are to be allocated among the Member States so as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery.

(2) The fishing opportunities should therefore be established in accordance with Article 3 of Regulation (EU) No 1380/2013, on the basis of available scientific advice, taking into account biological and socio-economic aspects, while ensuring fair treatment between fishing sectors and in the light of opinions expressed during the consultation of stakeholders. Moreover, fishing opportunities are to be expressed as maximum allowable fishing effort for trawlers and longliners and fixed in accordance with the fishing effort regime laid down in Article 7 of Regulation (EU) 2019/1022, as well as maximum catch limits for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) in deep waters, in accordance with scientific advice and with Article 16(4) of Regulation (EU) No 1380/2013.

(3) Regulation (EU) 2019/1022 of the European Parliament and of the Council0 established a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea. That plan sets out targets and measures for the long-term conservation and sustainable exploitation of stocks covered by it. This includes measures to reach and maintain the maximum sustainable yield (MSY) for target stocks, ensuring that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY.

(4) In accordance with Article 4(1) of Regulation (EU) 2019/1022, fishing opportunities for stocks listed in Article 1(2) of that Regulation (target stocks) are to be fixed to achieve fishing mortality at MSY on a progressive, incremental basis by 2020 where possible, and by 1 January 2025 at the latest.

(5) Fishing opportunities for stocks listed in Article 1(2) of that Regulation (target stocks) should be fixed in accordance with the range of fishing mortality values resulting in maximum sustainable yield (MSY) (ranges of FMSY), or at a lower level, and in accordance with the safeguards provided for in that Regulation. The ranges of FMSY are set out in the relevant STECF advice. Where no adequate scientific information is available, fishing opportunities for stocks referred to in Article 1(2) or Article 1(3) of that Regulation (by-catch stocks) should be fixed in accordance with the precautionary approach to fisheries management, in accordance with Article 4(6) of that Regulation.

(6) [placeholder for the maximum allowable fishing effort for trawlers in the western Mediterranean Sea]

(7) [placeholder for the maximum allowable fishing effort of longliners]

(8) [placeholder for the maximum catch limits for blue and red shrimp in GSAs 1, 2, 5, 6 and 7]

(9) [placeholder for the maximum catch limits for blue and red shrimp in GSAs 8, 9, 10 and 11]

(10) [placeholder for or 2025, the maximum catch limits for giant red shrimp in GSAs 8, 9, 10 and 11]

(11) In order to promote the use of selective gears and to establish efficient closure areas to protect juveniles and spawners, Council Regulation (EU) 2022/110 established a compensation mechanism in relation to the effort regime for trawlers. [placeholder compensation mechanism]

(12) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/14 on a multiannual management plan for the sustainable exploitation of common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea (geographical subareas 1 to 27). That Recommendation introduced, consistent with the precautionary approach and for the transitional period of 2024 to 2026, a fleet capacity ceiling, a freeze of fish aggregating devices (FADs) capacity per vessel and a catch limit. For recreational fisheries, Recommendation GFCM/46/2023/14 further provided that a daily bag limit is to be observed. Those measures were implemented in Union law for 2024 by Council Regulation (EU) 2024/2590 and those measures should continue to be implemented in Union law for 2026. Those measures are without prejudice to the management measures that will be proposed by the Scientific Advisory Committee within GFCM for the long-term management plan for the period 2027–2031.

(13) At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/20 on a multiannual management plan for the sustainable exploitation of small pelagic stocks in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced from 2022 to 2029 a maximum level of catches and a related fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagics. Those measures that relate to 2025 should be implemented in Union law.

(14) [Placeholder for new measures on Adriatic small pelagics]

(15) At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced a fishing effort regime and a fleet capacity ceiling for certain demersal stocks. Those measures that relate to 2025 should be implemented in Union law.

(16) [Placeholder for new measures on Adriatic demersals]

(17) Taking into account the particularities of the Slovenian fleet and its marginal impact on the stocks of small pelagic and demersal stocks, and in accordance with paragraph 33 of Recommendation GFCM/44/2021/20 and paragraph 13 of Recommendation GFCM/43/2019/5, it is appropriate to preserve existing fishing patterns and to ensure access by the Slovenian fleet to a minimum quantity of small pelagic species and a minimum effort allocation for demersal stocks.

(18) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/4 on a multiannual management plan for the sustainable exploitation of demersal stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/12 and GFCM/42/2018/5. Recommendation GFCM/45/2022/4 introduced an effort regime for hake (Merluccius merluccius) and catch limits for deep-water rose shrimps (Parapenaeus longirostris), as well as a fishing capacity freeze. For 2025, that Recommendation provides for a freeze in the fishing effort at the level of 2024 and a reduction of 3 % of the catch limits for deep-water rose shrimps. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum catch limits for deep-water rose shrimp fixed by Council Regulation (EU) 2024/259.

(19) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/5 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/7 and GFCM/43/2019/6. Recommendation GFCM/45/2022/5 introduced a catch limit and a fishing capacity freeze. For 2025, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum catch limits for giant red shrimp and blue and red shrimp fixed by Regulation (EU) 2024/259.

(20) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/6 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Ionian Sea (geographical subareas 19 to 21), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/6 introduced a catch limit and a fishing capacity freeze. For 2025, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum catch limits for giant red shrimp and blue and red shrimp fixed by Regulation (EU) 2024/259.

(21) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/7 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Levant Sea (geographical subareas 24 to 27), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/7 introduced a catch limit and a fishing capacity freeze. For 2025, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum catch limits for giant red shrimp and blue and red shrimp fixed by Regulation (EU) 2024/259.

(22) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/3 on a multiannual management plan for the sustainable exploitation of blackspot seabream (Pagellus bogaraveo) in the Alboran Sea (geographical subareas 1 to 3), repealing Recommendations GFCM/44/2021/4, GFCM/43/2019/2 and GFCM/41/2017/2. Those measures should be implemented in Union law.

(23) [placeholder for new measures for blackspot seabream]

(24) At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot (Scophthalmus maximus) fisheries in the Black Sea (GFCM geographical subarea 29). Recommendation GFCM/43/2019/3 introduced an updated regional total allowable catch (TAC) and a quota allocation scheme for turbot, as well as further conservation measures, in particular a two-month closure period and a limitation of fishing days to 180 days per year. In accordance with Recommendation GFCM/43/2019/3, those further conservation measures are functionally linked to the fishing opportunities, as, without those measures in place, the TAC level for turbot would have to be reduced to ensure its recovery. Those measures should be implemented in Union law.

(25) [Placeholder for new measures on turbot]

(26) [Placeholder for carry-over of the unused Union quota for turbot]

(27) Based on the scientific advice provided by the GFCM Working Group for the Black Sea, the current level of fishing mortality of sprat (Sprattus sprattus) should be maintained to ensure the sustainability of sprat stocks in the Black Sea. It is therefore appropriate to continue setting an autonomous quota for this stock.

(28) The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/20090, and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending the Commission data on landings of stocks subject to this Regulation.

(29) Articles 3 and 4 of Council Regulation (EC) No 847/960 provides for additional conditions for the year-to-year management for TACs and quotas for both precautionary and analytical stocks. Under Article 2 of that Regulation, when establishing TACs, the Council is to decide which stocks Articles 3 and 4 of that Regulation are not to apply, in particular on the basis of the biological status of stocks. Moreover, Article 15(9) of Regulation (EU) No 1380/2013 provides for further year-to-year flexibility for all stocks that are subject to the landing obligation. In order to avoid excessive flexibility that would undermine the achievement of the objectives of the CFP, and cause the biological status of stocks to deteriorate, year-to-year flexibility for quotas pursuant to Articles 3 and 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013 should not apply cumulatively. Finally, year-to-year flexibility under Article 15(9) of the Basic Regulation should, where relevant, be excluded on the basis of the biological status of stocks.

(30) In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishers, this Regulation should apply from 1 January 2025. For reasons of urgency, this Regulation should enter into force on the day following that of its publication.