amending Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013, as regards restrictions to the access to Union waters

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Article 5(2) of Regulation (EU) No 1380/2013 on the Common Fisheries Policy establishes a derogation for the 12 nautical mile zone of Member States (territorial waters) from the general equal access rule for Union fishing vessels to Union waters and resources set out in Article 5(1) of that regulation. The derogation authorises Member States to restrict fishing in the 12 nautical mile zone to certain vessels. The restrictions put in place by Member States on the basis of the derogation have reduced fishing pressure in the most biologically sensitive areas and have contributed to economic stability for small-scale coastal activities.

Article 5(3) of Regulation (EU) No 1380/2013 establishes a similar derogation for waters up to 100 nautical miles from the baselines of the Union’s outermost regions referred to in the first paragraph of Article 349 of the Treaty. The derogation allows the Member States concerned to restrict fishing to vessels registered in the ports of those territories.

The derogations are in place until 31 December 2022, and the proposal aims to avoid a discontinuation of the specific access regime set out in Articles 5(2) and 5(3) of the Regulation. It proposes an amendment to the relevant provisions of the Regulation to extend the period during which Member States can restrict access to their waters under these provisions.

The objectives for the specific regime remain as valid as they were in previous decades. This is due to the current conservation state of many stocks, the continued sensitivity of coastal waters for conservation and ongoing difficulties in coastal areas that are highly dependent on fisheries and unlikely to benefit from other economic development. Modifying the current arrangements carries a high risk of disrupting the balance that has developed since the introduction of this special regime.

The proposal therefore aims to extend the current derogations for another 10 years.

Furthermore, an amendment is proposed to Annex I of Regulation (EU) No 1380/2013. Annex I fixes, for each Member State, the geographical zones within the coastal bands of other Member States where it may pursue fishing activities and which species it may fish. This amendment reflects the United Kingdom’s exit from the European Union, as well as a joint communication from Italy and Greece to the Commission of 9 June 2020 regarding the access of Italian fishing vessels to Greek territorial waters as reflected in the bilateral agreement between the Member States concerned. Finally, following the judgment in Case C-457/18, the footnotes referring to the Arbitration Agreement between Slovenia and Croatia, signed in Stockholm on 4 November 2009, should be removed from Annex I for lack of EU competence in border matters.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

The legal basis for this proposal is Article 43(2) of the Treaty on the Functioning of the European Union (TFEU).

According to Article 3(1)(d) of the TFEU, the EU has exclusive competence in the conservation of marine biological resources under the Common Fisheries Policy (CFP). The proposal falls under this exclusive competence, and therefore the subsidiarity principle does not apply.Since the proposal primarily concerns a time-limited extension of the validity of a measure which already exists in Regulation (EU) No 1380/2013, there are no concerns regarding the proportionality principle.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Collection and use of expertise