COMMISSION IMPLEMENTING REGULATION (EU) 2022/2362

of 2 December 2022

extending the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from the coast and depth granted to shore seines fishing in certain territorial waters of France (Occitanie and Provence-Alpes-Côte d’Azur)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (1), and in particular Article 13(5) thereof,

Whereas:

(1) On 2 June 2014, the Commission adopted Implementing Regulation (EU) No 587/2014 (2) establishing for the first time a derogation from Article 13(1), first subparagraph of Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and depth for shore seines fishing in certain territorial waters of France (Languedoc-Roussillon and Provence-Alpes-Cote d’Azur), which expired on 31 December 2014. An extension of that derogation was granted by Commission Implementing Regulation (EU) 2015/1421 (3), which expired on 25 August 2018. A further extension of that derogation was granted by Commission Implementing Regulation (EU) 2018/1596 (4), which expired on 25 August 2021.

(2) On 7 October 2020, the Commission received from France a request to extend the derogation granted by Implementing Regulation (EU) 2018/1596. France provided up-to-date information justifying the extension of the derogation on 23 June 2021 and 29 October 2021, including an implementation report of the management plan adopted by France on 13 May 2014 (5) in accordance with Article 19 of Regulation (EC) No 1967/2006, as well as the control and monitoring plan adopted by France in 2018 (6).

(3) During its 68th plenary session held in November 2021, the Scientific, Technical and Economic Committee for Fisheries (STECF) (7) assessed the request for extending the derogation, the supporting data and the implementation report. STECF recognised the gradual decrease of both fleet capacity and fishing effort and highlighted the need to revise downwards the effort ceiling set in the management plan to prevent possible increase in the future, and to complete the information provided, notably concerning catch data and impact on the environment.

(4) On 4 May 2022, following STECF’s comments, France published a Ministerial Order (8) reducing the maximum allowable effort from 1 386 to 638 days per year. The real fishing effort that has been deployed by the fishery since the expiry of the last derogation has been already in compliance with this new effort ceiling. France also provided to the STECF further information on the environmental impact of the fishery.

(5) During its 69th plenary session held in March 2022, the STECF (9) acknowledged the efforts made by France in providing additional information. STECF concluded that its previous comment on the effort ceiling has been addressed, and that, according to the risk assessment provided by France, the shore seines fishery has only limited impact on the environment. STECF noted that its previous comment related to the absence of updated catches monitoring data has though not been addressed.

(6) The Commission considers that the impact of this fishery should be assessed in light of the actual magnitude of this fishery, which is negligible: the combined annual catches for the eight species most landed was just over 2,2 tons in 2020.This fishery is therefore not likely to have a significant impact on the stocks targeted based on the observations from STECF that sardine is sustainably exploited in the area concerned by this fishery and that fishing effort and catches gradually decrease together with the diminishing number of boats, and this decrease corresponds to a reduction of the impact of the fishery, on the ecosystem and the resources.

(7) For the reasons given by the STECF, with which the Commission agrees, it is to be noted, that the shore seines fishery has no significant impact on the marine environment.

(8) There are specific geographical constraints given the limited width of the continental shelf.

(9) Shore seine fishing is carried out from the shore in shallow depths and targets a variety of species (e.g. common Pandora, Mediterranean horse mackerel, European pilchard). The nature of this type of fishery is such that it cannot be undertaken with any other fishing gear since there is no other regulated gear that can capture the target species.

(10) The extension of the derogation requested by France concerns the authorisation of a limited number of 17 vessels identified in the management plan, which is down from the 20 vessels authorised under the previous request. This represents a 54 % reduction of fishing effort in terms of vessels authorised as compared to 2014, where the derogation concerned 37 authorised vessels specified under the French management plan.

(11) Moreover, the French management plan guarantees no future increase in the fishing effort, as required by Article 13(9) of Regulation (EC) No 1967/2006. Fishing authorisations will only be issued to the specified 17 vessels, involving a total effort of 638 days, that are already authorised to fish by France. In addition, France limited the maximum effort allowed for each gear.

(12) The Commission therefore notes that the management plan is effectively phasing out the fleet with time since the fishing authorisations are linked to the vessels and are automatically withdrawn when the vessel holding the authorisation is replaced or the vessel master sells his vessel or retires.

(13) The request concerns fishing activities already authorised by France and vessels with a track record in the fishery of more than five years in accordance with Article 13(9) of Regulation (EC) No 1967/2006.

(14) Those vessels are included in a list communicated to the Commission in line with the requirements of Article 13(9) of Regulation (EC) No 1967/2006.

(15) The fishing activities concerned fulfil the requirements of Article 4 of Regulation (EC) No 1967/2006 since the French management plan prohibits fishing above protected habitats.

(16) As regards the requirement to comply with minimum mesh sizes, France authorised in its management plan adopted in May 2014 a derogation from the minimum mesh size established in Article 9 of Regulation (EC) No 1967/2006 on the basis of the fulfillment of the requirements of Article 9(7) of that Regulation given the highly selective nature of the fisheries concerned, its negligible effect on the marine environment and that it is not affected by the provisions in Article 4(5) of Regulation (EC) No 1967/2006.

(17) Annex IX, Part B, point 4 to Regulation (EU) 2019/1241 of the European Parliament and of the Council (10) allows for the continued application of derogations from minimum mesh sizes issued within the framework of Article 9 of Regulation (EC) No 1967/2006 and existing on 14 August 2019, unless otherwise determined through Article 15 of Regulation (EU) 2019/1241. The Commission has assessed this derogation extension request by France and concluded that it complies with the conditions laid down in Article 15(5) of Regulation (EU) 2019/1241 and point 4 of Part B of Annex IX to that Regulation (EU) 2019/1241, as it does not lead to a deterioration of selectivity standards, in particular in terms of an increase in the catches of juveniles, existing on 14 August 2019, and aims at achieving the objectives and targets set out in Articles 3 and 4 of that Regulation.

(18) The fishing activities concerned do not interfere with the activities of vessels using gears other than trawls, seines or similar towed nets, in accordance with Article 13(9) of Regulation EC (No) 1967/2006.

(19) The activity of shore seines is regulated in the French management plan to ensure that catches of species mentioned in Annex IX to Regulation (EU) 2019/1241, which replaces Annex III to Regulation (EC) No 1967/2006 are minimal, as required by Article 13(9) of Regulation EC (No) 1967/2006.

(20) Shore seines do not target cephalopods, as required by Article 13(9) of Regulation EC (No) 1967/2006.

(21) The French management plan establishes a monitoring plan for fishing activities, as provided for in Article 4(5), fifth subparagraph of Regulation (EC) No 1967/2006 and in Article 13(9), third subparagraph thereof. It also includes measures for the recording of fishing activities, thus fulfilling the conditions set out in Article 14 of Council Regulation (EUC) No 1224/2009 (11).

(22) The Commission therefore considers that extension of the derogation requested by France complies with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006. The requested extension of the derogation should therefore be granted.

(23) France should report to the Commission in due time and in accordance with the monitoring plan provided for in the French management plan.

(24) A limitation of the duration of the derogation will allow ensuing prompt corrective management measures in case the monitoring of the management plan will show a poor conservation status of the exploited stock, while providing scope to enhance the scientific basis for an improved management plan.

(25) Since the fishery has been continuously covered by the French management plan for shore seines and the derogation granted by Implementing Regulation (EU) 2018/1596 expired on 25 August 2021, in order to ensure legal continuity, this Regulation should apply from 26 August 2021.

(26) For reasons of legal certainty, this Regulation should enter into force as a matter of urgency.

(27) Such retroactive application does not affect the principle of legal certainty and protection of legitimate expectations as the fishery in question has been continuously covered by the French management plan for shore seines.

(28) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1 Derogation Article 13(1) of Regulation (EC) No 1967/2006 shall not apply in territorial waters of France adjacent to the coast of Occitanie and Provence-Alpes-Côte d’Azur to shore seines used by vessels: (a) bearing the registration number mentioned in the French management plan; (b) having a track record in the fishery of more than five years and not involving any future increase in the fishing effort deployed; and (c) holding a fishing authorisation and operating under the management plan adopted by France in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

Article 2 Monitoring plan and reporting France shall communicate to the Commission, within one year following the entry into force of this Regulation, a report drawn up in accordance with the monitoring plan established in the management plan referred to in Article 1(c).

Article 3 Entry into force and period of application 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 26 August 2021 until 25 August 2024

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 2 December 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 409, 30.12.2006, p. 11.

(2) Commission Implementing Regulation (EU) No 587/2014 of 2 June 2014 derogating from Council Regulation (EC) No 1967/2006 as regards the minimum distance from the coast and depth for shore seines fishing in certain territorial waters of France (Languedoc-Roussillon and Provence-Alpes-Côte d’Azur) (OJ L 164, 3.6.2014, p. 13).

(3) Commission Implementing Regulation (EU) 2015/1421 of 24 August 2015 extending the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from the coast and depth granted to shore seines fishing in certain territorial waters of France (Languedoc-Roussillon and Provence-Alpes-Côte d’Azur) (OJ L 222, 25.8.2015, p. 1).

(4) Commission Implementing Regulation (EU) 2018/1596 of 23 October 2018 extending the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from the coast and depth granted to shore seines fishing in certain territorial waters of France (Occitanie and Provence-Alpes-Côte d’Azur) (OJ L 265, 24.10.2018, p. 9).

(5) Arrêté du 13 mai 2014 portant adoption de plans de gestion pour les activités de pêche professionnelle à la senne tournante coulissante, à la drague, à la senne de plage et au gangui en mer Méditerranée par les navires battant pavillon français (JORF n° 122, 27.5.2014, p. 8669).

(6) Arrêté du 7 août 2018 définissant un plan de contrôle et de suivi des débarquements pour les navires titulaires d’une autorisation européenne de pêche à la senne de plage.

(7) https://stecf.jrc.ec.europa.eu/plen2103

(8) Arrêté du 4 mai 2022 modifiant l’arrêté du 18 février 2022 portant répartition des quotas d’effort de pêche pour certaines activités de pêche professionnelle en mer Méditerranée par les navires battant pavillon français pour l’année 2022.

(9) https://stecf.jrc.ec.europa.eu/reports/plenary/-/asset_publisher/oS6k/document/id/26714623

(10) 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).

(11) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).