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/[…]). 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. 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.