COMMISSION IMPLEMENTING REGULATION (EU) 2022/1614

of 15 September 2022

determining the existing deep-sea fishing areas and establishing a list of areas where vulnerable marine ecosystems are known to occur or are likely to occur

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/2336 of 14 December 2016 of the European Parliament and of the Council 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 (1), and in particular Articles 7(2) and 9(6) thereof,

Whereas:

(1) Regulation (EU) 2016/2336 aims, inter alia, to prevent significant adverse impacts on vulnerable marine ecosystems (VMEs) by deep-sea fishing and to ensure the long-term conservation of deep-sea fish stocks.

(2) In April 2017, the European Commission launched a call for data pursuant to Article 7(1) of Regulation (EU) 2016/2336. In response to that call, Member States submitted Vessels Monitoring Systems (VMS) records and other relevant and verifiable data on the location of fishing activities for deep-sea species of such vessels during the 2009–2011 reference calendar years.

(3) In July 2017, and based on the data submitted by the Member States (see recital 2 above), the Commission requested the International Council for the Exploration of the Sea (ICES) to issue an advice to determine the existing deep-sea fishing areas and identify a list of areas where VMEs are known to occur or are likely to occur.

(4) In June (2) and November (3) 2018, ICES informed the Commission that, in order to issue its advice, it required additional VMEs and VMS data. Member States provided such additional data to the Commission and ICES between April 2019 and December 2020.

(5) In addition, between October 2019 and September 2020, ICES conducted a series of workshops with Member States and stakeholders in order to develop a robust scientific model regarding VMEs’ presence.

(6) On 5 January 2021, ICES issued its advice (4) in which it both determined the existing deep-sea fishing areas for bottom-contacting gears at a depth range between 400 and 800 metres and identified a list of areas where VMEs are known to occur or are likely to occur. ICES advised that, after analysis of a spectrum of scenarios and options to protect VMEs, the most efficient combination would be the one that lists VMEs with high, medium and low presence index in C-squares at a depth range between 400 and 800 metres, while ensuring limited disruption of fishing activities (scenario 2, option 1).

(7) On 17 November 2021, the Commission requested ICES to issue an additional advice containing the coordinates of the existing deep-sea fishing areas and of the list of VME areas in Union waters of the north-east Atlantic only. This is because the ICES advice of 5 January 2021 had included the United Kingdom waters of the north-east Atlantic.

(8) On 7 February 2022, ICES issued that advice (5).

(9) Regulation (EU) 2016/2336 requires the Commission to adopt implementing acts for the determination of the existing deep-sea fishing areas and the list of areas where VMEs are known to occur or are likely to occur on the basis of the best available scientific and technical information. Such information was made available to the Commission only as of February 2022.

(10) On the basis of such information, existing deep-sea fishing areas should be determined in Union waters.

(11) On the same basis, the list of areas where VMEs are known to occur or are likely to occur should be established in Union waters.

(12) This Implementing Regulation is without prejudice to the need for additional conservation measures necessary to comply with the relevant provisions and the Commission’s position regarding compliance by the Member States with their obligations under the relevant Union environmental legislation.

(13) The Committee for Fisheries and Aquaculture has not delivered an opinion within the time limit laid down by its chair,

HAS ADOPTED THIS REGULATION:

Article 1 Existing deep-sea fishing areas 1. The existing deep-sea fishing areas are determined in line with the coordinates set out in Annex I. 2. The existing deep-sea fishing areas shall be subject to the rules set out in Regulation (EU) 2016/2336, and in particular Article 8(2) and (4) of that Regulation concerning the limitation on fishing authorisations and the prohibition on fishing with bottom trawls at a depth below 800 metres.

Article 2 List of areas where vulnerable marine ecosystems (VMEs) are known to occur or are likely to occur 1. The list of areas where VMEs are known to occur or are likely to occur are established in line with the coordinates set out in Annex II. 2. The areas where VMEs are known to occur or are likely to occur shall be subject to the rules set out in Regulation (EU) 2016/2336, and in particular Article 9(1) and (9) of that Regulation concerning its application to fishing operations with bottom gears below a depth of 400 metres and the prohibition of fishing with bottom gears in all such designated areas.

Article 3 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 15 September 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 354, 23.12.2016, p. 8.

(2) ICES 2018. Advice on locations and likely locations of VMEs in EU waters of the NE Atlantic, and the fishing footprint of 2009–2011.

(3) ICES 2018. Technical service to aid in the interpretation of ICES advice on locations and likely locations of VMEs in EU waters of the NE Atlantic, and the fishing footprint.

(4) ICES. 2021. EU Request to advise on the list of areas where VMEs are known to occur or are likely to occur and on the existing deep-sea fishing areas (ref. (EU)2016/2336).

(5) ICES. 2022. EU request for a Technical Service to provide data output of the ICES 2021 advice on the deep-sea access regulation (ref. (EU)2016/2336) as coordinates for EU waters area only.