# IMMC.COM%282022%29165%20final.ENG.xhtml.1_EN_ACT_part1_v3.docx

european flagEUROPEAN COMMISSION

Brussels, 8.4.2022

COM(2022) 165 final

2022/0108(NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) 2022/109 fixing for 2022 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

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Given that, in March 2022, discussions between the Union and Norway on equal and non-discriminatory access to Spitzbergen (Svalbard) waters for Union fleets fishing for cod (Gadus morhua) were ongoing, the Council extended the period of application of the provisional Union quota of 4 500 tonnes for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b from 31 March until 30 April 2022 (Regulation (EU) 2022/[...
  1
  ]). Norway also extended the period of application of the provisional Union quota for cod in Svalbard waters until 30 April 2022.

Discussions between the Union and Norway on equal and non-discriminatory access to Svalbard waters for Union fleets fishing for cod are still ongoing. Pending the outcome of those discussions, the Commission proposes that the Council fix the Union quota for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b, before the expiry of the extended period of application of the provisional Union quota on 30 April 2022. The fishing opportunities for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b are marked pm (pro memoria) pending the outcome of those discussions. As soon as the outcome of those discussions is known, a Commission services non-paper setting out the relevant fishing opportunities will be submitted to the Council.

•Consistency with existing policy provisions in the policy area

The measures proposed are consistent with the objectives and rules of the CFP and are consistent with the Union’s policy on sustainable development.

•Consistency with other Union policies

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

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.

•Subsidiarity (for non-exclusive competence)

The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of the Treaty on the Functioning of the European Union. The subsidiarity principle therefore does not apply.

•Proportionality

The proposal allocates fishing opportunities to Member States in accordance with the objectives of Regulation (EU) No 1380/2013
  2
  . Pursuant to Articles 16 and 17 of Regulation (EU) No 1380/2013, Member States are to decide how the fishing opportunities allocated to them may be allocated to vessels flying their flag in accordance with certain criteria for the allocation of fishing opportunities. Therefore, Member States have the necessary margin of discretion to exercise while distributing the allocated total allowable catch (TAC) covered by the proposal relating to the social/economic model of their choice.

The proposal has no new financial implications for Member States. The Council sets fishing opportunities every year and the public and private means to implement it are already in place.

•Choice of the instrument

Proposed instrument: Regulation.

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

•Ex-post evaluations/fitness checks of existing legislation

Not applicable.

•Stakeholder consultations

•

Stakeholder consultations

During the discussions with Norway on equal and non-discriminatory access to Svalbard waters for Union fleets fishing for cod, the Commission has informed and consulted with stakeholders, in particular with fishing industry representatives and with the Long Distance Fleet Advisory Council. The Commission has also maintained regular contact with Member States’ administrations through technical meetings and through meetings of the Council working party on fisheries policy.

During the discussions with Norway on equal and non-discriminatory access to Svalbard waters for Union fleets fishing for cod, the Commission has informed and consulted with stakeholders, in particular with fishing industry representatives and with the Long Distance Fleet Advisory Council. The Commission has also maintained regular contact with Member States’ administrations through technical meetings and through meetings of the Council working party on fisheries policy.

•Collection and use of expertise

•

Collection and use of expertise

The proposal will be based on the available scientific advice of the International Council for the Exploration of the Sea (ICES) and discussions with the parties concerned.

The proposal will be based on the available scientific advice of the International Council for the Exploration of the Sea (ICES) and discussions with the parties concerned.

•Impact assessment

•

Impact assessment

Any elements that are relevant to assessing possible impacts of the fishing opportunities covered by the proposal have been dealt with in the preparation and conduct of the discussions with Norway.

Any elements that are relevant to assessing possible impacts of the fishing opportunities covered by the proposal have been dealt with in the preparation and conduct of the discussions with Norway.

•Regulatory fitness and simplification

•

Regulatory fitness and simplification

Not applicable.

Not applicable.

•Fundamental rights

•

Fundamental rights

Not applicable.

4.BUDGETARY IMPLICATIONS

4.

BUDGETARY IMPLICATIONS

The proposed measures will have no budgetary implications.

The proposed measures will have no budgetary implications.

5.OTHER ELEMENTS

5.

OTHER ELEMENTS

The Treaty of 9 February 1920 relating to Spitsbergen (Svalbard) (‘the 1920 Treaty of Paris’) grants equal and non-discriminatory access to resources around Svalbard for all parties to that treaty, including with respect to fishing.

The Treaty of 9 February 1920 relating to Spitsbergen (Svalbard) (‘the 1920 Treaty of Paris’) grants equal and non-discriminatory access to resources around Svalbard for all parties to that treaty, including with respect to fishing.

In December 2020, Norway established a Union quota for cod in Svalbard waters for 2021 in Norwegian legislation that was significantly lower (6 760 tonnes lower) than the Union quota established in December 2020 by the Council for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b for 2021 (Regulation (EU) 2021/92
  3
  ).

In December 2020

,

Norway established a Union quota for cod in Svalbard waters for 2021 in Norwegian legislation that was

significantly

lower

(6 760 tonnes lower)

than the Union

quota

established

in December 2020

by

the

Council

for cod in Svalbard waters and international waters of ICES su

barea 1 and division 2b for 2021

(

Regulation (EU) 2021/92

3

)

.

The Commission has engaged, and continues to engage, with Norway throughout 2021 and 2022, on this issue.

The Commission has engaged, and continues to engage, with Norway throughout 2021 and 2022, on this issue.

2022/0108 (NLE)

2022/0108 (NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) 2022/109 fixing for 2022 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)Council Regulation (EU) 2022/109
  4
   fixed for 2022 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.

(2)Council Regulation (EU) 2022/109 established for the first quarter of 2022 a provisional Union quota of 4 500 tonnes for Union fleets fishing for cod (Gadus morhua) in Spitzbergen (Svalbard) waters and international waters of ICES subarea 1 and division 2b. Council Regulation (EU) 2022/[...
  5
  ] extended the period of application of that Union quota of 4 500 tonnes to 30 April 2022.

(3)A Union quota for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b should be set before the extended period of application of the provisional Union quota expires on 30 April 2022. That Union quota should be set in line with the outcome of discussions between the Union and Norway on equal and non-discriminatory access to Svalbard waters for Union fleets fishing for cod.

(4)Any quotas should be allocated to the Member States in accordance with Council Decision 87/277/EEC
  6
  , Poland’s share of the Union quota and subject to the adaptations necessary due to the withdrawal of the United Kingdom from the Union.

(5)Regulation (EU) 2022/109 should therefore be amended accordingly.

(6)The catch limits provided for in Regulation (EU) 2022/109 apply from 1 January 2022. The provisions introduced by this Regulation concerning catch limits should therefore also apply from that date. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the fishing opportunities concerned are increased. For reasons of urgency, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1
  Amendment of Regulation (EU) 2022/109

Regulation (EU) 2022/109 is amended as follows:

In Annex IB, the fourth table is replaced by the following:

‘

| Species: | Cod


  Gadus morhua | Zone: | 1 and 2b


  (COD/1/2B.) |
| --- | --- | --- | --- |
| Germany | pm | (1)(2) | Analytical TAC


  Article 3 of Regulation (EC) No 847/96 shall not apply


  Article 4 of Regulation (EC) No 847/96 shall not apply |
| Spain | pm | (1)(2) | |
| France | pm | (1)(2) | |
| Poland | pm | (1)(2) | |
| Portugal | pm | (1)(2) | |
| Other Member States | pm | (1)(2)(3) | |
| Union | pm | (1)(2) | |
| | | | |
| TAC | Not relevant | | |
| (1) | The allocation of the share of the cod stock available to the Union in the zone Spitzbergen and Bear Island and the associated by-catches of haddock are entirely without prejudice to the rights and obligations deriving from the 1920 Treaty of Paris. |
| (2) | By-catches of haddock may represent up to 14 % per haul. The by-catch quantities of haddock are in addition to the quota for cod. |
| (3) | Except Germany, Spain, France, Poland and Portugal. Catches to be counted against this shared quota shall be reported separately (COD/1/2B_AMS). |

Species:

Cod

Gadus morhua

Zone:

1 and 2b

(COD/1/2B.)

Germany

pm

(1)(2)

Analytical TAC

Article 3 of Regulation (EC) No 847/96 shall not apply

Article 4 of Regulation (EC) No 847/96 shall not apply

Spain

pm

(1)(2)

France

pm

(1)(2)

Poland

pm

(1)(2)

Portugal

pm

(1)(2)

Other Member States

pm

(1)(2)(3)

Union

pm

(1)(2)

TAC

Not relevant

(1)

The allocation of the share of the cod stock available to the Union in the zone Spitzbergen and Bear Island and the associated by-catches of haddock are entirely without prejudice to the rights and obligations deriving from the 1920 Treaty of Paris.

(2)

By-catches of haddock may represent up to 14 % per haul. The by-catch quantities of haddock are in addition to the quota for cod.

(3)

Except Germany, Spain, France, Poland and Portugal. Catches to be counted against this shared quota shall be reported separately (COD/1/2B_AMS).

’

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President