EUROPEAN COMMISSION Brussels, 10.3.2021 COM(2021) 111 final 2021/0056(NLE) Proposal for a COUNCIL REGULATION amending Regulation (EU) 2021/92 as regards certain fishing opportunities for 2021 in Union and non-Union waters



EXPLANATORY MEMORANDUM 1.CONTEXT OF THE PROPOSAL •Reasons for and objectives of the proposal Council Regulation (EU) No 2021/92 fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain non-Union waters. These fishing opportunities are usually amended several times during the period in which they are in effect. •Consistency with existing policy provisions in the policy area The measures proposed are designed in accordance with the objectives and the rules of the Common Fisheries Policy 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 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. The Union's obligations for sustainable exploitation of living aquatic resources arise from obligations set out in Article 2 of the new basic regulation of the CFP. •Subsidiarity (for non-exclusive competence) The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of the Treaty. The subsidiarity principle therefore does not apply. •Proportionality The proposal complies with the proportionality principle for the following reason: the CFP is a common policy. According to Article 43(3) of the Treaty it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities. •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 The Proposal takes into account the feedback from the stakeholders, Advisory Councils, the national administrations, fishermen organisations and non-governmental organisations. •Collection and use of expertise The Proposal is based on the scientific advice of the International Council for the Exploration of the Sea (ICES). •Impact assessment The scope of the fishing opportunities regulation is circumscribed by Article 43(3) of the Treaty. •Regulatory fitness and simplification Not applicable. •Fundamental rights Not applicable. 4.BUDGETARY IMPLICATIONS The proposed measures will have no budgetary implications. 5.OTHER ELEMENTS •Detailed explanation of the specific provisions of the proposal The proposed amendments seek to modify Council Regulation (EU) 2021/92 as described below. Sandeel is a short-lived species and the scientific advice becomes available in the second half of February, while the fishery starts already in April. In Council Regulation (EU) 2021/92 the total allowable catch (TAC) limits were set at zero. Therefore, they should be amended in line with the latest scientific advice from ICES. 2021/0056 (NLE)

Proposal for a COUNCIL REGULATION amending Regulation (EU) 2021/92 as regards certain fishing opportunities for 2021 in Union and 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) 2021/92 fixes for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain non-Union waters. (2)In Regulation (EU) 2021/92, the total allowable catch (‘TAC’) for sandeel in ICES divisions 2a and 3a and ICES subarea 4, was set at zero pending the publication of the relevant scientific advice, provided by the International Council for the Exploration of the Sea (‘ICES’), which became available on 25 February 2021.Sandeel is a short lived species and the fishery therefore starts on 1 April shortly after the publication of the scientific advice. (3)The catch limits for sandeel in ICES divisions 2a and 3a and ICES subarea 4 should be amended in line with the latest scientific advice from ICES. (4)Regulation (EU) 2021/92 establishes preliminary fishing opportunities for the first quarter of 2021. Furthermore, Article 14 therof establishes a prohibition from 1 January to 31 March 2021 for vessels fishing for sandeels using certain gears in ICES divisions 2a, 3a and ICES subarea 4. As this regulation establishes fishing opportunities for the entire fishing year, that prohibition should also cover the period from 1 August to 31 December 2021 as in 2020. (5)Regulation (EU) 2021/92 should therefore be amended accordingly. (6)The catch limits provided for in Regulation (EU) 2021/92 apply from 1 January 2021. The provisions introduced by this amending 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 have not yet been exhausted. (7)This Regulation should enter into force the day after publication in view of the urgency to start the fishing season for sandeel on time on 1st April 2021. HAS ADOPTED THIS REGULATION: Article 1 Amendment of Regulation (EU) 2021/92 Regulation (EU) 2021/92 is amended as follows: (1)Article 14 is replaced by the following: