Annexes to COM(2021)595 - EU position in the annual consultations with the United Kingdom to agree total allowable catches - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)595 - EU position in the annual consultations with the United Kingdom to agree total allowable catches. |
|---|---|
| document | COM(2021)595  |
| date | October 22, 2021 |
(2) OJ L 149, 30.4.2021, p. 10.
(3) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
(4) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).
(5) Council Decision (EU) 2021/1765 of 5 October 2021 on the position to be adopted on behalf of the European Union, for the period 2021–2026, within the Specialised Committee on Fisheries established by 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 (OJ L 355, 7.10.2021, p. 135).
ANNEX
THE POSITION TO BE ADOPTED ON BEHALF OF THE UNION IN THE ANNUAL CONSULTATIONS WITH THE UNITED KINGDOM TO AGREE ON TOTAL ALLOWABLE CATCHES
1. PRINCIPLES
In the framework of the annual consultations with the United Kingdom, the Union shall:
| (a) | seek to ensure that the fishing opportunities agreed are consistent with international law, and in particular with the provisions of the 1982 United Nations (UN) Convention on the Law of the Sea and of the 1995 UN Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks; |
| (b) | seek to ensure that the Union’s international commitments are respected; |
| (c) | seek consistency and synergy with the policies that the Union is pursuing as part of its bilateral fisheries relations with other third countries and within regional fisheries management organisations, and ensure consistency with its other policies, in particular in the fields of external relations, employment, the environment, trade, development, and research and innovation; |
| (d) | ensure that the TACs and other functionally linked measures are set in a way which is consistent with the Trade and Cooperation Agreement and fully take into account any measures or guidance established by the Specialised Committee on Fisheries (SCF); |
| (e) | seek to ensure that TACs are jointly determined in accordance with the common fisheries policy (CFP) objective of ensuring that fisheries 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, including the core conservation objective of the CFP, namely MSY, as well as with the applicable multiannual plans; |
| (f) | seek alignment with the Council conclusions of 19 March 2012 on a communication from the Commission on the external dimension of the CFP; |
| (g) | seek to ensure non-discriminatory rules for the Union fleet based on the same principles and standards as those applicable under Union law; |
| (h) | seek to establish timelines for the annual consultations on fishing opportunities; |
| (i) | seek to ensure consistency with the Union’s environmental legislation, in particular with Directive 2008/56/EC, as well as with other Union policies. |
2. ORIENTATIONS
The Union is to make every effort to reach an agreement with the United Kingdom on fishing opportunities (TACs and their functionally linked measures), based on the approach outlined below.
In doing so, the Commission shall work closely with the Council during the annual consultations, in order to:
| (a) | seek to establish TACs based on the best available scientific advice, in order to achieve the MSY exploitation rate; |
| (b) | seek to establish TACs under the precautionary approach to fisheries where such scientific advice on MSY exploitation rates is not available; |
| (c) | seek to prevent overexploitation of the relevant stocks by setting TACs at a level similar to earlier years where no scientific advice is available; |
| (d) | seek to combine different scientific advice for establishing the TACs, including where such advice combines MSY and precautionary advice, for TACs with a mismatch between the advice area and the management areas, or where TACs combine more than one species, and seek an appropriate way of taking into account advice when establishing the TACs for skates and rays; |
| (e) | seek to establish TACs with MSY assessment and FMSY advice in accordance with the MSY objective of the CFP and the applicable multiannual plans; where the multiannual plans allow for the use of the FMSY ranges as provided by the International Council for the Exploration of the Sea (ICES), the Union should seek to make use of those provisions, if the conditions set out in those multiannual plans are fulfilled; |
| (f) | seek to set TACs based on the precautionary approach corresponding to the headline advice in the ICES scientific advice sheet with precautionary advice for: (i) by-catch stocks (under multiannual plans); (ii) target stocks (under multiannual plans) where ICES provides precautionary advice only; and (iii) TACs with multiannual precautionary advice, where stability should be pursued; |
| (g) | seek to take into account the difficulty of fishing all stocks in a mixed fishery at the MSY level at the same time, and in particular where it is difficult to avoid the phenomenon of choke species, including TACs with 0-catch advice for either target or by-catch TACs; the Union should seek, where relevant under the multiannual plans, to accompany the TAC level with remedial measures in the relevant sea basins; |
| (h) | seek to establish TACs for scientific or monitoring purposes in line with the scientific advice; |
| (i) | seek consistency with the Union’s applicable law in relation to specific species and stocks; |
| (j) | seek convergence on the species for which fishing is to be prohibited, based on scientific advice, including the general prohibition on fisheries on deep-sea sharks; |
| (k) | seek agreed approaches on the method and application of the adjustments to the agreed TACs following the application of exemptions to the landing obligation (de minimis and survivability exemptions from the obligation to land all catches); the Union should seek the highest possible level of agreed approaches for such exemptions in a manner consistent with Article 15 of Regulation (EU) No 1380/2013; |
| (l) | seek agreement on the approach for the conservation of northern seabass, based on ICES scientific advice; |
| (m) | seek to agree on other functionally linked measures to TACs, in particular with regard to existing special conditions and inter-area flexibilities, in line with Regulation (EU) No 1380/2013, in particular Article 15(8) and (9) thereof; |
| (n) | seek to identify, based on the best available scientific advice, and in accordance with Article 499(4) of the Trade and Cooperation Agreement, the stocks to be regarded as ‘special stocks’ for the purpose of establishing provisional TACs where the annual consultations can not be concluded in a timely manner in accordance with Article 498(2) of the Trade and Cooperation Agreement; |
| (o) | seek to agree joint requests to ICES where a need for additional advice is identified; |
| (p) | seek to ensure that TAC levels, in accordance with scientific advice, are established in time for the start of the fishing year for sandeel, sprat and Norway pout in the North Sea, where the fishing year does not follow the calendar year; |
| (q) | seek to continue the existing provisional quota-swap mechanism until the SCF establishes a permanent mechanism. |