Annexes to COM(2024)406 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)406 - . |
|---|---|
| document | COM(2024)406 |
| date | September 30, 2024 |
3. Mixed fishery reality in the North Sea and Western Waters
The EU waters of the North Sea and Western Waters are characterised by a mixed fishery reality, where fisheries target commercially-valuable and healthier fish stocks such as Norway lobster in the Kattegat, haddock in the Celtic Sea, haddock in the West of Scotland and northern hake. These fisheries, however, have unavoidable by-catches of other fish stocks that can sometimes be under a much higher pressure than the healthier target stocks. Examples include unavoidable by-catches of ailing Celtic Sea cod and whiting in the healthy haddock fishery in that sea basin, ailing red sea bream as a by-catch of the healthy northern hake fishery caught with longliners in the Celtic Sea and of ailing cod as an unavoidable by-catch of Norway lobster in the Kattegat.
These are just some examples that illustrate the mixed fisheries reality in European waters. In such a mixed fisheries environment, Articles 4 and 5 of the North Sea and Western Waters MAPs apply to ‘choke species’ and provide for the need to take into account the difficulty to fish all stocks at MSY at the same time. However, measures do need to be taken to decrease, as much as possible, unavoidable by-catches. By including specific measures to decrease such by-catches, the multiannual plans have contributed to achieving this objective (see examples below).
The North Western Waters Member States Group recognises that the North Sea MAP was beneficial in avoiding choke situations by managing mixed fisheries.
Some concrete examples on how mixed fisheries have been managed are given below for various sea basins.
1. Kattegat
Examples of measures under the North Sea MAP to protect certain stocks in the Kattegat include the proposal to set the TAC for Norway lobster in the Skagerrak and Kattegat in the MSY lower range, in line with Article 4(4) of the North Sea MAP, in order to keep unavoidable by-catches of Kattegat cod in the Norway lobster fishery to a minimum. The Council agreed to the Commission’s proposals only in 2020, 2022 and 2024. However, it set the TAC in the MSY lower range in all the other years as well.
Remedial measures for Kattegat cod have also been in place since 2020. They include the introduction of more selective gears for bottom trawls, allowing the fishing of Norway lobster with the Seltra or Swedish grid only, coupled with a maximum of 1.5% limited by-catch allowance of cod. In addition, to encourage vessels to use remote electronic monitoring to monitor compliance effectively with the landing obligation, EU vessels participating in a Member State project for fully documented fisheries, may instead use gears in line with the Technical Measures Regulation.
The benefit of these measures is that the target fishery on Norway lobster has been able to continue, while measures for the by-caught cod have been put in place. In this respect, ICES cannot estimate the proportion of the mortality that is linked to fishing (and therefore not natural), or migration to the North Sea after using the Kattegat as a nursery ground). ICES advice and technical service also refer to the need to use more selective gears.
2. Celtic Sea examples
Measures in the Western Waters MAP to protect by-caught stocks in the Celtic Sea include proposing the TAC for haddock in the MSY lower range based on Article 4(3) of the Western Waters MAP, in order to keep unavoidable by-catches of cod and whiting in the haddock fishery - both target stocks under the Western Waters MAP - to a minimum. The Council agreed to the Commission’s proposal for 2020, which was the last year before the UK’s withdrawal from the EU. For 2021, the Council set provisional TACs and there was a subsequent agreement on the TACs with the UK in the second half of 2021. As of 2021, these stocks have been negotiated under the EU-UK consultations.
Additional remedial measures for Celtic Sea cod and whiting, both target stocks under the Western Waters MAP, were proposed by the Commission for 2020 under the Fishing Opportunities Regulation based on Article 8 of the Western Waters MAP. They include intrinsically linked technical measures and a by-catch quota for cod in the Celtic Sea at a level which would provide protection to by-catch stocks, while still allowing the target fishery on haddock to continue. In terms of the TAC, the Commission proposed an 88% decrease in line with the MSY point and ICES advice rule. As this would have given a low TAC of 189 tonnes for cod, which would have choked other whitefish fisheries in the Celtic Sea, the Council decided to not follow the Commission’s proposal for the TAC and instead set the TAC at 805 tonnes to avoid an early choke situation of other whitefish fisheries in the Celtic Sea. This TAC still allowed for a substantial increase in the biomass. The Council also introduced more selective fishing methods for the whitefish fisheries in the Celtic Sea intrinsically linked to the Fishing Opportunities Regulation for 2020. Without those intrinsically linked measures, the TAC would have had to be lower. The measures in that Regulation have subsequently been replaced by a delegated act21 based on a joint recommendation from the North Western Waters Member States Group (NWW MSG) adopted in 2020, which contains other more selective fishing methods.
Another example in the Celtic Sea is red seabream, which is an unavoidable by-catch in the northern hake fishery caught with longlines. ICES advised zero catches for this stock, since they considered it to be depleted22. However, this would have meant a choke situation for the northern hake fishery. Therefore, a low TAC exclusively for by-catches was set for 2023 and 2024 in order to keep the northern hake fishery open in this sea basin and to protect as much as possible the by-caught red seabream. Furthermore, the NWW MSG agreed on a joint recommendation to implement minimum conservation reference sizes for red seabream caught in commercial and recreational fisheries and closed areas in order to better protect red seabream spawners and juveniles. Based on this joint recommendation, the Commission adopted a technical measure in the form of a delegated act for 2023, which was extended to 202423.
One industry organisation (CNPMEM) has criticised the MAP as being too rigid on the list of target stocks and has stated that there is no clear criteria on what makes a target stock.
It is important to note that in the discussions on the MAPs, the Commission proposed that the co-legislators delegate powers to the Commission to amend the lists of target stocks. However, the co-legislators did not agree with the Commission’s proposal, and decided to retain their power to amend the list of target stocks.
4. Court of Justice Judgment in Case C-330/22
In its judgment of 11 January 202424, the Court of Justice of the European Union (the Court) confirmed the validity of the Fishing Opportunities Regulation for 202025, insofar as it set four TACs exclusively for unavoidable by-catches above ICES zero-catch advice. The Court held that the Council had a margin of discretion to set those TACs for by-catch stocks above scientifically recommended levels in order to reconcile the objective of continuing mixed fisheries with achieving a good biological status for the stocks concerned. At the same time, the Court ruled that, for stocks listed as ‘target’ under the MAPs, the obligation to reach and maintain MSY after 2020 ‘applies strictly and without exception’.
4. Ecosystem-based approach
Article 2(3) of the Basic Regulation states that the CFP must implement the ecosystem-based approach to fisheries management to reduce negative impacts of fishing activities on the marine ecosystem. Article 3(3) of the MAPs provide that the MAPs must be coherent with EU environmental law and in particular with the objective of achieving good environmental status by 2020 as required by the Marine Strategy Framework Directive (MSFD)26. The MSFD provides 11 qualitative descriptors for determining good environmental status. The MAPs aim to ensure that the conditions of descriptor 3 (as the one most relevant for fisheries management) are met and contribute to meeting the other relevant descriptors in proportion to the relative role played by fisheries.
Descriptor 3 is directly linked to the fixing of fishing opportunities. It reads ‘the populations of all commercially exploited fish and shellfish are within safe biological limits, exhibiting a population age and size distribution that is indicative of a healthy stock.’ Fishing activities have an impact on the descriptors relating to: (1) biological diversity; (4), the food web; (6) sea-floor integrity; and (10) marine litter. The contribution of fishing to the other descriptors is at best indirect and/or not substantial27.
ICES indicates that fishing mortality has been in constant decline since the 1990s and now stands on average below FMSY28.
Fisheries have the potential to catch protected species, such as seabirds and marine mammals29. The 2013 CFP reform offered new ways for stakeholders and Member States of a particular region to work together to agree on bespoke measures for their sea basins.
5. Landing obligation
A key objective of the reformed CFP (2013) is to implement the landing obligation and gradually eliminate discards by avoiding and reducing unwanted catches. The landing obligation applies to species managed by a TAC, which has been in force since January 2019.
On the landing obligation, stakeholders responding to the consultation reported that while there is evidence for a reduction in discards, the landing obligation has not met its objective, and the main challenge remains to make the landing obligation workable under the legal framework while encouraging a change in fishing patterns towards further selectivity. Despite this, considerable efforts have been made by the fisheries sector since the landing obligation was introduced to understand and then implement this policy, to actively engage with research institutes to develop ways of avoiding and reducing unwanted catches, and to improve their general knowledge of these species (including survivability).
On a positive note, stakeholders confirm that the landing obligation has stimulated scientific research to develop more selective gears and fishing patterns. However, for the mixed demersal fisheries, stakeholders believe that there will be a limit to the degree of selectivity.
The Commission considers that the ongoing problem of discards is a control and enforcement issue to be addressed within the EU’s fisheries control system. The MAPs were not designed to resolve that problem.
6. Regional cooperation
Regional cooperation is one of the central strands of the CFP. Its main goal is to take better account of the differences between the various sea basins and to integrate stakeholders more into fisheries management, making use of their knowledge and experience. Ultimately, a more direct involvement of stakeholders in the formulation and implementation of management measures will lead to a greater sense of shared ownership and commitment to compliance with the measures. Through regional cooperation, stakeholders with a direct management interest can support the adoption of conservation measures, such as MAPs and discard plans. This is achieved mostly by means of advisory councils and Member States’ groups.
The stakeholder consultation provided useful feedback on how regional cooperation under the MAPs works in practice. It revealed the commonly held view that the MAPs provide the necessary legal framework to enable regional cooperation. For instance, the NWWAC and the STECF members had a positive perception on the increasing cooperation among relevant stakeholders30. Over time, the joint recommendations provided gradually more technical evidence and practical knowledge, as well as bespoke sea basin measures. The Member States regional groups could also benefit from a greater involvement of stakeholder and scientists. In this sense, the Fisheries and Oceans Pact announced in the 2024 CFP report31 calls on Member States to make progress on CFP governance for the benefit of all stakeholders concerned and society at large.
7. Socio-economic development
1. North Sea
Based on the 2023 STECF annual economic report on the EU fishing fleet32, no Member State fleet is entirely dependent on the region for its fishing activity. Based on the value of landings, the North Sea and the East Atlantic is a key fishing region for Denmark (86% of total landings), the Netherlands (83%), Germany (61%), Sweden (70%) and Belgium (32%).
2. North Western Waters (NWW)
According to the STECF report, based on the value of landings, the French and Irish fisheries have the highest level of landings in the NWW. However, Ireland has the highest total percentage of national landed value from the region at 90% indicating their high dependency on this area (97% of the days-at-sea take place in these waters). Belgium (54%) and France (29%) also have a high dependence on the area in terms of days-at-sea. While Ireland and Belgium have high dependency, the highest share of fishing is carried out by France and Ireland.
3. South Western Waters (SWW)
According to the STECF report, the main fleets operating in the region were the Spanish, French and Portuguese fleets. Besides those, six more EU fleets operated in the region in 2021: Belgium, Germany, Denmark, Ireland, Lithuania and the Netherlands, but their fishing activity in the region was limited (the total effort share of these Member States was 0.16% and landings were 1.12% in value and 2.23% in weight of the region totals). Based on the value of landings, Spain produced the most from the region, followed by Portugal and France. Spain has the highest total percentage of national landed weight from the region (51%), followed by Portugal (32%) and France (15%). Portugal is the country that most depends on these waters: 98% of the Portuguese fleet effort occurs in the SWW, producing 85% and 82% of the total value and weight of landings, respectively.
8. Delegation of powers conferred to the Commission by the North Sea and Western Waters MAPs and by the Deep-Sea Access Regulation
The North Sea and Western Waters MAPs delegate to the Commission the power to adopt delegated regulations for stocks covered by the MAPs following changes in the geographical distribution of the stocks (Article 1(1) of the North Sea and Western Waters MAPs), remedial measures (Article 8 of the MAPs), technical measures (Article 9 of the MAPs), implementation of the landing obligation (Article 11 of the North Sea MAP and Article 13 of the Western Waters MAP), and limits regarding the total capacity of the fleets of Member States concerned (Article 14(2) of the Western Waters MAP).
To date, the Commission has never used those powers, except to implement the landing obligation. For technical measures, the empowerment has been superseded since 2019 by the more specific one laid down in Article 15 of the Technical Measures Regulation. Regarding the implementation of the landing obligation, the Commission has adopted eight delegated regulations under the North Sea MAP and nine under the Western Waters MAP.
The Deep-Sea Access Regulation (Article 9(7)) delegates to the Commission the power to amend the list of vulnerable marine ecosystems (VME) indicator species. However, to date, the Commission has never used that empowerment.
9. Glossary
AC: Advisory Council
CFP: Common fisheries policy
CNPMEM: Comité National des Pêches Maritimes et des Élevages Marins
FMSY: Fishing mortality consistent with maximum sustainable yield
ICES: International Council for the Exploration of the Sea
MSG: Member States Group
MAP: Multiannual plan
MSY: Maximum sustainable yield
NWW: North Western Waters
NWWAC: North Western Waters Advisory Council
SSB: Spawning stock biomass
STECF: Scientific, Technical and Economic Committee for Fisheries
SWW: South Western Waters
SWWAC: South Western Waters Advisory Council
TAC: Total allowable catch
1 Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179, 16.7.2018, p. 1).
Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 (OJ L 83, 25.3.2019, p. 1).
2 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).
3 Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179, 16.7.2018, p. 1).
4 Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 (OJ L 83, 25.3.2019, p. 1).
5 Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002 (OJ L 354, 23.12.2016, p. 1).
6 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).
7 ‘range of FMSY’ means a range of values provided in the best available scientific advice, in particular from ICES or a similar independent scientific body recognised at EU or international level, where all levels of fishing mortality within that range result in maximum sustainable yield (MSY) in the long term with a given fishing pattern and under current average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5% reduction in long-term yield compared to the MSY. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5%, as defined in Article 2(2) of Regulation (EU) 2019/472 and Article 2(1) of Regulation (EU) 2018/973.
8 ‘FMSY’ is the value of the estimated fishing mortality that with a given fishing pattern and under current average environmental conditions gives the long-term MSY.
9 Communication from the Commission to the European Parliament and the Council. Towards more sustainable fishing in the EU: state of play and orientations for 2021 (SWD(2020) 112 final), p. 2.
10 The consulted stakeholders were the North Sea Member States Group (Scheveningen Group), the North Western Waters Member States Group, the South Western waters Member States Group, the North Sea Advisory Council, The North Western Waters Advisory Council, the South Western Waters Advisory Council, the Pelagic Advisory Council and the Long Distance Advisory Council, the International Council for the Exploration of the Sea, who replied that they could not participate in such survey, the Scientific, Technical and Economic Committee for Fisheries, the National correspondents and the chairs of the Regional Coordination Groups (Data Collection Framework), the Commission Expert Group for Fisheries and Aquaculture, the Fisheries attachés, the Marine Strategy Framework Directive experts, the Marine expert group.
11 Available at https://www.ices.dk/advice/Pages/Latest-Advice.aspx.
12 Scientific, Technical and Economic Committee for Fisheries (STECF) - Evaluation of Evaluation of joint recommendations on the landing obligation, technical measures, and conservation measures necessary for compliance with obligations under Union environmental legislation (STECF-24-04). Publications Office of the European Union, Luxembourg, 2024, https://stecf.jrc.ec.europa.eu/documents/d/stecf/stecf_24-04_review-jrs-on-lo-tm-and-cm.
13 Report from the Commission to the European Parliament and the Council. Implementation of the Technical Measures Regulation (Article 31 of Regulation (EU) 2019/1241) (COM/2021/583 final). Report from the Commission to the European Parliament and the Council. Implementation of the Technical Measures Regulation (Article 31 of Regulation (EU) 2019/1241) (COM/2024/349 final).
14 Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
15 ‘Blim’ means the spawning stock biomass reference point provided for in the best available scientific advice, […], below which there may be reduced reproductive capacity as defined in the North Sea and Western Waters MAPs.
16 ICES. 2023. Iberian Waters mixed-fisheries considerations. In Report of the ICES Advisory Committee, 2023. ICES Advice 2023, https://doi.org/10.17895/ices.advice.24212058.
ICES. 2024. Hake (Merluccius merluccius) in divisions 8.c and 9.a, Southern stock (Cantabrian Sea and Atlantic Iberian waters). In Report of the ICES Advisory Committee, 2024. ICES Advice 2024, https://doi.org/10.17895/ices.advice.25019306.
17MSY Btrigger is the biomass level below which management action is to be taken to allow a stock to rebuild above the level capable of producing MSY in the long term.
18 ICES. 2023. Benchmark workshop on anglerfish and hake (WKANGHAKE; outputs from 2022 meeting). ICES Scientific Reports. 5:17. 354 pp. https://doi.org/10.17895/ices.pub.20068997.
19 ICES. 2022. Bay of Biscay and the Iberian Coast ecoregion – Ecosystem overview. In Report of the ICES Advisory Committee, 2022. ICES Advice 2022, Section 6.1, https://doi.org/10.17895/ices.advice.21731579.
20 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 149, 30.4.2021, p. 10).
21 Commission Delegated Regulation (EU) 2021/2324 of 23 August 2021 amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards technical measures for certain demersal and pelagic fisheries in the Celtic Sea, the Irish Sea and the West of Scotland (OJ L 465, 29.12.2021, p. 1).
Commission Delegated Regulation (EU) 2022/2588 of 20 October 2022 amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards technical measures for certain demersal and pelagic fisheries in the Celtic Sea, the Irish Sea and the West of Scotland (OJ L 338, 30.12.2022, p. 44).
Commission Delegated Regulation (EU) 2024/492 of 30 November 2023 amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards the prolongation of technical measures for certain demersal and pelagic fisheries in the Celtic Sea, the Irish Sea and the West of Scotland (OJ L, 2024/492, 13.2.2024, ELI: http://data.europa.eu/eli/reg_del/2024/492/OJ).
22 ICES. 2022. Blackspot seabream (Pagellus bogaraveo) in subareas 6-8 (Celtic Seas, the English Channel, and Bay of Biscay). In Report of the ICES Advisory Committee, 2022. ICES Advice 2022, https://doi.org/10.17895/ices.advice.19453802.
23 Commission Delegated Regulation (EU) 2023/56 of 19 July 2022 amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards specific technical measures for red seabream (Pagellus bogaraveo) in ICES subareas 6 to 8 (OJ L 5, 6.1.2023, p. 1).
Commission Delegated Regulation (EU) 2024/491 of 30 November 2023 amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards the prolongation of specific technical measures for red seabream (Pagellus bogaraveo) in ICES subareas 6 to 8 (OJ L, 2024/491, 13.2.2024, ELI: http://data.europa.eu/eli/reg_del/2024/491/oj.
24 Judgment of 11 January 2024, Friends of the Irish Environment (Possibilités de pêche supérieures à zéro), C-330/22, EU:C:2024:19.
25 Council Regulation (EU) 2020/123 of 27 January 2020 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 25, 30.1.2020, p. 1).
26 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for the community action in the field of marine environmental policy (OJ 164, 25.6.2008, p. 19).
27 The other descriptors are: (2) introduction of non-indigenous species; (5) human-induced eutrophication; (7) hydrographical conditions; (8) level of contaminants in the sea; (9) level of contaminants in fish and seafood; (11) introduction of energy including underwater noise.
28 ICES. 2022. Bay of Biscay and the Iberian Coast ecoregion – Fisheries Overview. In Report of the ICES Advisory Committee, 2022. ICES Advice 2022, Section 6.2. https://doi.org/10.17895/ices.advice.21641396.
29 ICES. 2022. Bay of Biscay and the Iberian Coast ecoregion – Ecosystem overview. In Report of the ICES Advisory Committee, 2022. ICES Advice 2022, Section 6.1, https://doi.org/10.17895/ices.advice.21731579.
30 Two Members of the STECF replied to the stakeholder consultation.
31 Communication from the Commission to the European Parliament and the Council. Sustainable fishing in the EU: state of play and orientations for 2025 (COM/2024/235 final).
32 Scientific, Technical and Economic Committee for Fisheries (STECF) - The 2023 Annual Economic Report on the EU Fishing Fleet (STECF 23-07), Prellezo, R., Sabatella, E., Virtanen, J., Tardy Martorell, M. and Guillen, J. editor(s), Publications Office of the European Union, Luxembourg, 2023, https://publications.jrc.ec.europa.eu/repository/handle/JRC135182.
EN EN