EUROPEAN COMMISSION Brussels, 22.10.2020 COM(2020) 664 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Report on the implementation and functioning of Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (recast) {SWD(2020) 229 final}



INTRODUCTION Reliable and complete data are key to fisheries management under the common fisheries policy (CFP), which is based on the best available scientific advice. The main instrument for data collection and management is Regulation (EU) 2017/1004 (the ‘data collection framework regulation’ or ‘DCF Regulation’), a recast of its 2008 predecessor. The DCF sets out the harmonised approach for the Union-wide collection by Member States (MS) of biological, environmental, technical and socio-economic data for the fishing, aquaculture and processing sectors (Commission Staff Working Document (CSWD) Annex 1). Under Article 23 of the DCF Regulation the European Commission is required to submit to the European Parliament and to the Council a report on the implementation and functioning of the Regulation. This report meets this obligation. The DCF underlines the end-user-driven approach and the regionalisation of data collection, creating regional coordination groups (RCGs). Under the DCF, MS execute their data collection through national work plans and report on implementation through annual reports. For the first time, they can also submit regional work plans, coordinated at sea basin level, to supplement (or replace) relevant parts of national work plans. The DCF empowers the Commission to adopt Commission decisions to establish a multiannual Union programme for data collection (EU MAP), which lays down detailed MS data collection obligations. The 2017-2019 EU MAP was already partly aligned with the DCF Regulation; the 2020-2021 EU MAP (consisting of two Commission decisions) is fully based on the DCF Regulation. Since 2014, the European Maritime and Fisheries Fund (EMFF) provides the MS with financial support for data-collection activities. IMPLEMENTATION AND FUNCTIONING OF THE LEGISLATION 1.Main players under the data collection framework 1.1.Member States Member States are responsible for the collection and storage of data, the quality and completeness of the primary data, and data protection in line with legal obligations. All MS have a system in place for collecting, storing and managing data, and all have submitted national work plans (covering 2017-2019 and 2020-2021) for adoption by the Commission. The work plan is implemented by one or more scientific institutes in the MS, often depending on the size and diversity of the fisheries. In line with legal obligations, all MS organise national coordination meetings and have designated a national correspondent, responsible for internal coordination, for making available data to end users and for liaising with the Commission. A stable network of national correspondents (under the subgroup of the Expert Group on Fisheries Data Collection) has significantly facilitated the cooperation between Commission services and national administrations. 1.2.Regional coordination groups Under the regionalisation approach, RCGs support the implementation of the DCF and can submit regional work plans that improve coordination in the corresponding sea basins, to further underpin reliable scientific advice. As a member, the Commission participates in the annual and intersessional meetings. End users participate as observers (CSWD Annex 2). Six new RCGs have been created since the entry into force of the DCF Regulation. Two of them merged in 2019, which means there are five RCGs at present: RCG Baltic; RCG North Atlantic, North Sea and Eastern Arctic; RCG Mediterranean and Black Sea; RCG Large Pelagics; and RCG Long Distance Fisheries (CSWD Annex 2). The pan-European Planning Group on Economics (PGECON) coordinates on socio-economic issues. 1.3.End users End users deliver scientific advice or have research or management interests in the (scientific) analysis of data in the fisheries sector. Key end users are: I)the International Council for Exploration of the Seas (ICES), which provides scientific advice on marine resources in the north-east Atlantic;

II)the Scientific, Technical and Economic Committee for Fisheries (STECF), a Commission expert group providing advice on a suite of issues (including data collection, discards policy, resource use in the Mediterranean and the economics of fleets); III)scientific committees of regional fisheries management organisations, under sustainable fisheries partnership agreements, and other international organisations. Commission services (the Joint Research Centre (JRC), DG MARE) are also end users, e.g. for fisheries and aquaculture economic analysis. The DCF allows for use of data by a wide range of end users. The group of key end users has remained relatively stable over the reporting period, with only a limited number of new end users added. End users receive data through data calls issued to Member States or under reporting obligations (in the case of regional fisheries management organisations). In 2017-2019, 72 data calls and reporting obligations were completed (CSWD Annex 3). 1.4.Regional databases hosts Regional databases facilitate the work of end users in the sea basins. The databases allow to review data completeness and reliability, and to correct and reduce data errors. A single regional database exists for the four sea basins in the north-east Atlantic (Baltic Sea, North Sea, north-western and south-western Union waters). Fishframe is hosted by ICES, which stores, manages and uses the data. ICES performs data calls through another database (Intercatch) (CSWD Annex 3). Next to stock advice, this database has enabled ICES to produce and deliver regional overviews of fisheries and sampling designs for commercial fisheries. ICES aims to integrate both databases into one regional database and estimation system. For the Mediterranean and Black Seas no regional database is in place despite a series of feasibility analyses. The Commission continues its efforts to identify a host for this database. The JRC hosts an EU-wide database on fisheries and aquaculture data, including publicly available data. The JRC prepares the data which are used for specific topics (e.g. fleet balance, effort regimes) in support of the Commission services and STECF advisory work, but also for research by third parties. The JRC supports work under the DCF by hosting the Data Transmission Monitoring Tool and the DCF website. 1.5.European Commission Besides exercising its right of initiative to propose legislation, the Commission has several roles under the DCF to ensure proper implementation. It approves MS’ national work plans (54 MS work plans/amendments adopted between 2017 and 2020) and assesses their implementation through the annual reports (77 annual reports between 2017 and 2019), after evaluation by STECF. The Commission supports MS and RCGs in implementing the data-collection obligations and maintains close and regular contacts through visits and meetings (CSWD Annex 4). The Commission also periodically verifies MS’ compliance with the criteria for EMFF funding, assessing the quality and reliability of MS’ data transmission. 1.6.Scientific, Technical and Economic Committee for Fisheries The DCF identifies STECF as the scientific body to evaluate the MS’ national work plans and annual reports and to evaluate data issues. To ensure the scientific quality of the data requirements, STECF (CSWD Annex 5) is also consulted on the development and adoption of Commission decisions (e.g. EU MAP, templates for work plans and annual reports) and on data quality issues pertaining to these decisions. 1.7.Expert Group on Fisheries Data collection and Committee for Fisheries and Aquaculture The Commission Expert Group on Fisheries Data collection has subgroups: I)National Correspondents group to coordinate DCF implementation by MS; II)Liaison meeting to coordinate RCGs on issues beyond marine regions;

III)PGECON to coordinate socio-economic data collection; IV)Data IT systems group – inactive. Subgroup meetings took place each year during the implementation period. These subgroups have provided advice on a range of topics. The Committee for Fisheries and Aquaculture has provided positive advice on the draft 2020-2021 EU MAP (implementing decision part). 2.Main tools and activities under the Data Collection Framework 2.1.Multiannual Union programme The DCF provides for the EU MAP that details the requirements for data collection by MS, lists mandatory scientific surveys at sea and sets thresholds for data collection. Obligations under the EU MAP reflect the identified needs of the end users for data (CSWD Annex 6). The 2017-2019 EU MAP was followed by two Commission decisions forming the EU MAP 2020-2021, adopted in early 2019. The EU MAP beyond 2021 is under preparation, involving broad stakeholder, end-user and scientific consultations (CSWD Annex 7). It will be aligned with the new EMFF and include updates of the lists of species and management areas, and of economic and social variables. It will also include a review of the requirements on data collection on sensitive species, recreational fisheries, diadromous species, aquaculture and marine ecosystems, as well as a review of the list of mandatory scientific surveys at sea and of thresholds for data collection. 2.2.Multiannual work plans Under the EU MAP, MS submit to the Commission multiannual national work plans, following templates and submission guidelines set out in a dedicated Decision (CSWD Annex 8). After a scientific review by STECF, the Commission approves the work plans. MS can submit amendments to their work plans each year. The Commission adopted 27 MS multiannual work plans for 2017-2019, plus 35 subsequent amendments (19 for 2018 to adjust to the DCF Regulation, and 16 for 2019). Amendments were made after i) observations by STECF or the Commission on the work plans adopted in 2016, ii) observations by STECF or the Commission on the MS’ annual report, iii) recommendations by RCGs and PGECON, and iv) changes in fisheries with effect on the sampling. In December 2019 the Commission adopted 27 new work plans under the 2020-2021 EU MAP after positive assessment by STECF. 2.3.Annual reports MS are obliged to report annually on the implementation of their work plans, following formats and timetables under a dedicated Decision. During the 2017-2019 reporting period all MS submitted annual reports on time. STECF assesses the MS’ annual reports. On this basis, and using the Data Transmission Monitoring Tool, the Commission engages with MS to ensure follow-up, in-year adjustments and integration of the conclusions into current work and planning. End users provide feedback on data transmission issues (‘failures’), which are analysed, categorised (by severity, type, coverage, quality, timeliness) and followed up with MS. The Commission has accelerated its action since 2018 and this has resulted in positive trends in solving data transmission issues and improving MS’ performance. In 2018-2019 the Commission analysed MS’ performance during 2014-2017 in light of the non-compliance criteria for funding under the EMFF. The performance of 21 MS was considered satisfactory. The analysis identified six MS whose performance and delivery of data needed significant improvement. In dialogue with these MS areas of improvements were identified and agreed, to be applied immediately and in the subsequent (amendments to their) work plans. With one of these six MS a specific plan of actions was agreed (strictly implemented since 2020). Performance over 2018-2019 will be assessed in the second half of 2020. Data collected on fisheries in the outermost regions in support of scientific advice and CFP implementation in general has identified constraints. In 2020 STECF issued advice on improving data collection and DG MARE initiated a study to obtain a systematic overview of data needs and a possible future approach. 2.4.Pilot studies

Under the 2017-2019 and 2020-2021 EU MAPs, MS have to conduct pilot studies to explore and develop data-collection methods in several areas: I)recreational fishing, II)impacts of fishing activities on marine biological resources and marine ecosystems, III)social data on employment, and IV)environmental data on aquaculture (CSWD Annex 9). Most pilot studies are still being conducted, with full results expected in 2020-2022. Once finalised, their results are to be fully integrated into the MS’ regular data collection activities, and where appropriate coordinated at marine sea basin level by the RCGs. 2.5.Regional approach to implementation EU data-collection legislation has long sought to promote regional cooperation, and regional coordination meetings have been held since the mid-2000s. Following the regionalisation approach in the new CFP, the DCF provides for the creation of RCGs. Regional cooperation improves the efficiency and effectiveness of data collection through sharing of expertise, data, knowledge and tasks and through regional collaboration and standardisation. It is expected to bring about the harmonisation of national work plans and to eventually lead to regional work plans. RCGs bring together the MS by sea basin to coordinate planning and implementation of data collection. All RCGs hold annual meetings (CSWD Annex 2) and most organise intersessional and subgroup meetings. Financial support for developing regional actions through the RCGs has been provided through study grants. RCGs enhance consistency in data collection in a sea basin through agreed methodologies and approaches to respond to data calls, cooperation on scientific surveys run by MS (e.g. task sharing), coordination of sampling activities, addressing data issues (e.g. quality checks before data uploads, follow-up of issues reported in the Data Transmission Monitoring Tool) and coordination of work related to regional databases. RCGs also work at a pan-regional level for issues relevant to other sea basins. Their decisions and actions are laid down in recommendations (CSWD Annex 10), discussed with STECF every year, and proper follow-up is ensured. Since 2017 RCGs have started developing regional work plans. In the process, RCGs have to consider possible changes in sampling, constraints in funding, the challenge of implementing common procedures among different MS and linking RCG work with that of the national administrations of the MS. RCGs and PGECON meet periodically with the Commission, national correspondents and end users to coordinate and discuss data collection activities in the liaison, joint-decision and end-user meetings. In the annual liaison meetings RCG/PGECON chairs, the Commission and end users work on the following: I)ensuring convergence of RCGs’ work; II)addressing and grouping recommendations by RCGs to allow for synergies; III)strengthening the link between RCGs and PGECON; IV)identifying pan-European issues and proposing actions; V)improving cooperation with end users and the Commission; and VI)giving visibility to RCGs and PGECON. The annual meeting of the RCGs with end users (e.g. ICES, STECF, RFMOs) is key for identifying end users’ needs, for future data calls and for discussing data transmission issues.