Explanatory Memorandum to COM(2023)578 - Fixing of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas for 2024

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dossier COM(2023)578 - Fixing of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and ...
source COM(2023)578 EN
date 10-10-2023
1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy (CFP Basic Regulation) 1 seeks to ensure that living aquatic resources are exploited under sustainable economic, environmental and social conditions. One important tool in this respect is the annual fixing of fishing opportunities. All fishing opportunities regulations must limit the harvesting of fish stocks to levels consistent with the overall objectives of the common fisheries policy (CFP).

The objective of this proposal is to fix the fishing opportunities for certain stocks and groups of stocks in the Mediterranean and the Black Seas.

In line with the multiannual plan for demersal stocks in the western Mediterranean, 2 this proposal proposes to fix fishing opportunities, expressed in terms of maximum allowable fishing effort and maximum catch limits for shrimps, for the Member States concerned (Spain, France and Italy).

This proposal also proposes to fix fishing opportunities pursuant to agreements reached in the framework of the General Fisheries Commission for the Mediterranean (GFCM), a regional fisheries management organisation responsible for the conservation and management of living marine resources in the Mediterranean and Black Seas. The European Union is a member of the GFCM, together with Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Romania, Slovenia and Spain. Measures adopted in the framework of the GFCM are binding on its members.

Finally, this proposal proposes to fix an autonomous quota for Black Sea sprat in order not to increase the current level of fishing mortality. It also implements into Union law the total allowable catch (TAC) and quotas for turbot as established by the GFCM.

The ultimate objective of the proposal is to achieve and maintain stock levels that can deliver maximum sustainable yield (MSY). The multiannual plan for demersal stocks in the western Mediterranean is intended to achieve fishing mortality at MSY on a progressive, incremental basis by 2020 where possible, and by 1 January 2025 at the latest.

•Consistency with existing policy provisions in the policy area

The proposed measures are designed in accordance with the objectives and rules of the CFP.

•Consistency with other Union policies

The proposed measures are consistent with the other Union policies, in particular with the policies in the field of the environment.

2.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY


•Legal basis

The legal basis of this proposal is Article 43(3) of the Treaty on the Functioning of the European Union (TFEU).

•Subsidiarity (for non-exclusive competence)

The proposal falls under the Union’s exclusive competence, as referred to in Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply.

•Proportionality

The proposal complies with the proportionality principle because the CFP is a common policy so that each EU regional sea-basin (e.g. Baltic, Mediterranean) is the object of a Fishing Opportunities regulation securing thus level playing field in the implementation of the CFP. Article 43(3) TFEU requires the Council to adopt measures on the fixing and allocation of fishing opportunities.

The proposal allocates fishing opportunities to Member States. Under Articles 16(6) and (7) and Article 17 of the CFP Basic Regulation, Member States are free to decide how the fishing opportunities allocated to them may be allocated to fishing vessels flying their flag in accordance with certain criteria set out in those Articles. Therefore, Member States have the necessary margin of discretion while distributing the allocated fishing opportunities in line with their social and economic models.

•Choice of the instrument

A regulation is considered the most appropriate instrument as it makes it possible to set requirements that apply directly to Member States and relevant economic operators. This will help ensure that the requirements are implemented in a timely and harmonised way, leading to greater legal certainty.

3.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS


•Ex-post evaluations/fitness checks of existing legislation

Not applicable.

•Stakeholder consultations

Interested parties were consulted by means of the Commission’s Communication to the European Parliament and the Council Sustainable fishing in the EU: state of play and orientations for 2024 (COM(2023) 303 final).

•Collection and use of expertise

The assessment of the state of stocks in the Mediterranean and Black Seas is based on the most recent work by the Scientific, Technical and Economic Committee for Fisheries and the GFCM Scientific Advisory Committee on Fisheries.

•Impact assessment

The scope of fishing opportunities regulations is circumscribed by Article 43(3) TFEU.

The multiannual plan for demersal fisheries in the western Mediterranean introduced a fishing effort regime to tackle the problem of overfishing in the western Mediterranean demersal fisheries. In addition, Article 7(3)(b) of the multiannual plan provides for the possibility that the fishing effort decrease may be supplemented with any relevant technical or other conservation measures adopted in accordance with Union law, in order to achieve the value of the estimated fishing mortality that, with a given fishing pattern and under current average environmental conditions, gives the long-term maximum yield (Fmsy) by 1 January 2025. Based on the scientific advice, Council Regulation (EU) 2022/110 (2022 Fishing Opportunities Regulation) 3 introduced an effort regime for longliners and catch limits for the shrimps and Council Regulation (EU) 2023/195 (2023 Fishing Opportunites Regulation) 4 maintained that regime.

As regards the fishing opportunities established by the GFCM in the Mediterranean and Black Seas, this proposal proposes to implement internationally agreed measures. Any elements relevant to the assessment of possible impacts of the fishing opportunities are dealt with in the preparation and conduct phase of international negotiations in the framework of which the Union’s fishing opportunities are agreed with third parties.

The proposal reflects not only short-term concerns, but also a longer-term approach whereby fishing effort is gradually adjusted to long-term sustainable levels.

•Regulatory fitness and simplification

Not applicable.

•Fundamental rights

The proposal respects fundamental rights and in particular those recognised by the Charter of Fundamental Rights of the European Union.

Contents

1.

BUDGETARY IMPLICATIONS



The proposal has no budgetary implications.

4.

5.OTHER ELEMENTS


•Implementation plans and monitoring, evaluation and reporting arrangements

Monitoring and compliance will be ensured in accordance with Council Regulation (EC) No 1224/2009 5 .

•Detailed explanation of the specific provisions of the proposal

The proposal proposes to fix fishing opportunities for 2024 for certain stocks or groups of stocks in the Mediterranean and Black Seas, in particular:

5.

A. Implementation of the western Mediterranean multiannual management plan


Under the multiannual plan for demersal fisheries in the western Mediterranean, the Council is to set a maximum allowable fishing effort for trawl vessels exploiting demersal stocks in the western Mediterranean, for each fishing effort group, by Member State and for the stock groups in Annex I to the plan.

In 2022, scientific advice from both the STECF and the GFCM Scientific Advisory Committee recommended that, in order to attain MSY for demersal stocks in the western Mediterranean, swift action ought to be undertaken and real reductions in fishing mortality be adopted. The stocks of hake and one stock of deep-water shrimps were so overexploited that STECF estimated them at a level below Blim, that is the limit reference point, expressed as spawning stock biomass and provided for in the best available scientific advice, in particular by STECF, or a similar independent scientific body recognised at Union or international level, below which there may be reduced reproductive capacity

The STECF (STECF-22-11 and PLEN-22-03) advised that a holistic approach, combining effort measures for both trawlers and longliners and catch limits for deep-water shrimps, was necessary to reduce urgently fishing mortality, in particular for hake and deep-water shrimp stocks. This approach was implemented by the 2022 and 2023 Fishing Opportunities Regulations, and the Commission proposes to continue implementing such an approach in 2024.

This proposal includes a series of “pro memoria” (pm) for the level of the fishing effort, as well as the level of catches, and it will be completed at a later stage, when the STECF advice will be available.

Furthermore, in order to promote the use of the selectivity of the gears and to establish efficient closure areas to protect juveniles and spawners, the 2023 Fishing Opportunities Regulation maintained the compensation mechanism established in the 2022 Fishing Opportunities Regulation in relation to the effort regime for trawlers. The Commission proposes to maintain this mechanism in 2024.

6.

B. GFCM measures applicable in the Mediterranean Sea


–Fishing harvest limits and limits on the number of fishing authorisations for red coral in the entire Mediterranean Sea (GSAs 1 to 27)

–Maximum catch limits for deepwater rose shrimp and maximum allowable fishing effort for and fleet capacity for hake in the Strait of Sicily (GSA 12 to 16)

–Maximum fleet capacity and catch limits for giant red shrimp and blue and red shrimp in the Strait of Sicily (GSAs 12 to 16), the Ionian Sea (GSAs 19 to 21) and the Levant Sea (GSAs 24 to 27)

–Maximum level of catches and maximum number of longlines and handlines for blackspot seabrem in the Alboran Sea (GSA 1 to 3)

–Measures for small pelagic stocks under the 2021 GFCM Multiannual management plan for small pelagic species in the Adriatic Sea (GSAs 17 and 18)

The Commission proposes to continue in 2024 the implementation of the provisions of the plan, which follows a two-step approach, with a transitional period of three years followed by long-term measures for a period of five years.

2024 is the third year of the transitional period and the Commission proposes to continue the implementation of the catch limits with the transitional internal share between Italy and Croatia and the transitional reserve for Slovenia, as well as the fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagic stocks.This capacity ceiling should be the same as in the 2023 Fishing Opportunities Regulation and based on the capacity reported to GFCM in 2014.

–Measures for demersal stocks under the 2019 GFCM Multiannual management plan for demersal species in the Adriatic Sea (GSAs 17 and 18):

At its 46th annual session in November 2023, the GFCM should adopt a new recommendation reducing for 2024 the fishing effort for otter-trawlers (OTB) and for beam-trawlers (TBB). The proposal will be updated by way of a non-paper with the levels of the reduction, after the GFCM annual session.

The maximum fleet capacity from the 2023 Fishing Opportunities Regulation should remain in place for 2024.

The proposal includes a series of placeholders, for stocks where the GFCM transitional measures are expiring at the end of 2023 and for which the GFCM should adopt new measures at its 46th annual session in November 2023, such as dolphinfish. The proposal will be updated by way of a non-paper with the new measures, after the GFCM annual session.

7.

C. GFCM measures applicable in the Black Sea


–An autonomous quota for sprat, based on scientific advice

–The TAC and quota allocation for turbot under the 2017 GFCM multiannual management plan for turbot fisheries, implementing Recommendation GFCM/43/2019/3 (GSA 29)

Regarding the levels of the TAC and quotas for turbot, the proposal will be updated after the 46th GFCM annual session in November 2023.

The GFCM recommendations up to 2017 have been implemented into Union law pursuant to Regulation (EU) No 1343/2011 (as amended) 6 and the Commission has put forward a proposal to implement the Recommendations adopted by the GFCM in 2018 and 2019 (COM/2021/434 final), on which the co-legislators reached a political agreement on the file in July 2023 7 .

Measures functionally linked to the fishing opportunities, such as spawning closures, are part of this proposal, as without such closure periods (such as for turbot in the Black Sea), the fishing opportunities could not be established at the same level. The extent of the closure period may vary, depending on the state of the stock as assessed by the scientific advice.

Council Regulation (EC) No 847/96 8 lays down further conditions for year-to-year management of fishing opportunities including, under its Articles 3 and 4, flexibility provisions for stocks subject to precautionary and analytical TACs, respectively. Its Article 2 stipulates that when fixing the TACs, the Council must decide to which stocks Articles 3 and 4 should not apply, in particular based on the biological status of the stocks. Article 15(9) of the CFP Basic Regulation also lays down a year-to-year flexibility mechanism for all stocks that are subject to the landing obligation. Therefore, and to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources and make it difficult to achieve the CFP objectives, it should be clarified that Articles 3 and 4 of Regulation (EC) No 847/96 only apply where Member States do not use the year-to-year flexibility provided for in Article 15(9) of the CFP Basic Regulation.