EUROPEAN COMMISSION Brussels, 21.11.2017 COM(2017) 672 final 2017/0306(NLE) Proposal for a COUNCIL REGULATION fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea



EXPLANATORY MEMORANDUM 1.CONTEXT OF THE PROPOSAL ·Grounds for and objectives of the proposal Regulation (EC) No 1380/2013 of the European Parliament and the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC seeks to ensure that living aquatic resources are exploited under sustainable economic, environmental and social conditions. One important tool in this respect is the annual fixing of fishing opportunities. The objective of this proposal is to fix, for the commercially most important fish stocks in the Black Sea, the fishing opportunities for Member States for 2018. For sprat, the proposal is based on the scientific advice for an autonomous quota, in order to maintain the current level of fishing mortality. For turbot, the proposal is based on the TAC and quotas as established by the GFCM Recommendation (GFCM/41/2017/4) on a multiannual management plan for turbot fisheries in the geographical subarea 29 (Black Sea). ·General context ·The Communication from the Commission on the consultation on fishing opportunities for 2018 (COM(2017) 368 final), outlines the background to the proposal. ·The fishing opportunities should be fixed in accordance with Articles 16(1) (referring to the principle of relative stability) and 16(4) (referring to the objectives of the Common Fisheries Policy and the rules provided for in multiannual plans). Black Sea stocks exploited by Bulgaria and Romania are shared with non-EU countries, e.g. Turkey, Ukraine, Georgia and Russian Federation. However, until 2016 there have been no Total Allowable Catches (TAC) decided at regional level between EU and non-EU countries. Every year since 2008 the European Union has been fixing autonomous quotas for turbot and sprat stocks in order to help ensure that the CFP rules are applied. The scientific advice on fishing opportunities in the Black Sea for 2018 has been delivered by the STECF at the session scheduled in September 2017. The fisheries exploiting sprat are of high socio-economic significance for the Black Sea riparian countries. According to the 2015-2016 Black Sea assessment of the Scientific, Technical and Economic Committee for Fisheries (the STECF), the share of EU countries in the Black Sea sprat catch represented 4% in 2014, 14% in 2013 and 9% in 2012 of the official reported landings. According to the 2017 General Fisheries Commission for the Mediterranean (the GFCM) session report, the stock of sprat in the Black Sea is sustainably exploited. However, it is necessary to maintain the current level of fishing mortality to ensure the sustainability of the stock of sprat in the Black Sea, i.e. at 11.475 tonnes. The fisheries exploiting turbot are of high socio-economic significance for the Black Sea riparian countries. At its 41th annual session in 2017, GFCM adopted a Recommendation on a multiannual management plan for turbot fisheries in the geographical subarea 29 (Black Sea). This Recommendation GFCM/41/2017/4 establishes a Total Allowable Catch for turbot (644 tonnes) for the next two years, 2018 and 2019, with a temporary allocation of quotas to Contracting Parties. In case the GFCM Working Group on Black Sea advice of 2018 does not confirm the continuation of the constructive evolution of fishing mortality towards restoration of the size of Black Sea turbot stock, the TAC and quotas may be revisited by the GFCM. For the EU the allocated quota is 114 tonnes in 2018. The TAC and Quota for turbot, the management of fishing effort and the limitation of fishing days to 180 per year and the currently applicable two months closure period, from 15 April to 15 June, should be transposed in this Regulation. In accordance with Article 2 of Council Regulation (EC) No 847/96, it is proposed that Articles 3 and 4 do not apply to the stocks covered by this Regulation. However, in accordance with Article 15(9) of Regulation (EU) No 1380/2013 year-to-year flexibility envisaged therein applies to stocks covered by the landing obligation. ·Existing provisions in the area of the proposal Fishing opportunities and the way they are allocated to Member States are regulated annually. The latest such legal act is Council Regulation (EU) 2016/2372 of 19 December 2016 fixing for 2017 the fishing opportunities for certain fish stocks applicable in the Black Sea. In addition to the annual fishing opportunities, the following measures relevant to the Black Sea fisheries covered by this proposal should be mentioned. The Commisssion is working on the proposal to transpose GFCM Recommendations, however some of them are intrinsically linked to the annual fishing opportunities and must therefore taken into account in this proposal : –Minimum conservation sizes and minimum mesh sizes regarding the turbot fishery in the Black Sea are established by Regulation (EU) No 227/2013 of the Council and the European Parliament of 13 March 2013 amending Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and Council Regulation (EC) No 1434/98 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption.

–Recommendation GFCM/37/2013/2 establishing a set of minimum standards for bottom-set gillnet fisheries for turbot and conservation of cetaceans in the Black Sea adopted by the General Fisheries Commission for the Mediterranean (GFCM) in its 37th Session (Split, May 2013). –Recommendation GFCM/39/2015/3 establishing a set of measures to prevent, deter and eliminate illegal, unreported and unregulated fishing in turbot fisheries in the Black Sea adopted by the General Fisheries Commission for the Mediterranean (GFCM) in its 39th Session (Milan, May 2015). –The Bucharest Declaration endorsed in the context of a GFCM organised high-level meeting on fisheries governance in the Black Sea in October 2016. The conference adopted this Declaration, which underlines the need for common and collaborative approaches among riparian States to impove Black Sea fisheries sustainability. –The GFCM 2017-2020 multi annual strategy towards the sustainability of Mediteranean and Black Sea Fisheries, which adopted, inter alia, a set of actions to strengthen at multilateral level fisheries governance in the Black Sea. –The implementation of commitments provided by Bulgaria and Romania in December 2016, in the context of the fishing possibilities 2017 Regulation to improve control, to fight IUU and to implement a set of measures for turbot and picked dogfish, is efficient. Both Bulgaria and Romania have undertaken series of actions, i.e. to limit fishing authorisations at 2016 levels, to record all catches including below 50kg, to increase inspections at market and at sea and joint inspections under EFCA. ·Consistency with other policies and objectives of the EU The proposed measures are in accordance with the objectives and rules of the Common Fisheries Policy and are consistent with the Union’s policy on sustainable development. 2.RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS ·Collection and use of expertise Main organisations/experts consulted The scientific organisation consulted is the Scientific, Technical and Economic Committee for Fisheries (STECF). The Union asks STECF each year for scientific advice on the state of important fish stocks. The STECF gives its advice following the terms of reference that it receives from the Commission. The most recent and accurate advice at the time of the discussion of this proposal at the Council will cover all Black Sea stocks for which quotas are proposed. The ultimate objective is to bring and maintain the stocks to levels that can deliver Maximum Sustainable Yield (MSY). This objective has been incorporated expressly in the basic Regulation of the CFP, whose Article 2(2) states that this objective “shall be achieved by 2015 where possible, and […] by 2020 for all stocks". This reflects the commitment taken by the Union regarding the conclusions of the 2002 World Summit on Sustainable Development in Johannesburg and its related Plan of Implementation. ·Consultation of interested parties Interested parties were consulted via the Communication from the Commission on the Consultation on fishing opportunities for 2018. The scientific basis for the proposal will be provided by STECF. All STECF reports are available on the DG MARE website. ·Impact assessment At EU level, the risk of negative impact on the recovery of the stock population is curtailed by additional control measures introduced and implemented by Romania and Bulgaria in line with their commitments given by these Member States in the context of the adoption of the Regulation fixing for 2017 the fishing opportunities for certain fish stocks in the Black Sea. At multilateral level, the risk of negative impact on the recovery of the stock population is curtailed by a number of new actions: 1) the adoption at the 41st Annual Session of the GFCM of the GFCM Regional Plan of Action to fight IUU fishing, 2) the implemenation at multilateral level of the GFCM 'BlackSea4Fish' project containing regional cooperation in scientifc data. 3) the adoption at the 41st Annual Session of the GFCM of a multiannual management plan for Turbot fisheries in the Black Sea (GSA 29).This plan is based on a 2-phase approach: (a) the catch limit for 2 years (2018-2019) and a pilot project for inspection at sea; (b) TAC with allocation key with a permanent inspection programme by 2020. The revision clause inserted in the plan will permit to revisit the TAC and quotas next year, if the scientific advice does not confirm the continuation of the constructive evolution of fishing mortality. This plan will contribute to combat efficiently the IUU activity and manage properly the turbot stock by all riparian countries. The proposal reflects not only short-term concerns but is also part of a longer term approach whereby the level of fishing is gradually adapted to long-term sustainable levels. The approach taken in the proposal might therefore, in the medium term, result in reduced fishing effort but stable or increasing quotas in the long term. The long-term consequences of the approach are expected to be a reduced impact on the environment as a consequence of the adaptation in fishing effort and to fishing opportunities. The sustainability of fishing activities will increase in the long term.

3.LEGAL ELEMENTS OF THE PROPOSAL ·Summary of the proposed action The proposal establishes the catch limitations applicable in the Black Sea to Union fisheries, in order to achieve the objective of the Common Fisheries Policy of ensuring fisheries at levels that are biologically, economically and socially sustainable. ·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 basic regulation of the CFP. ·Subsidiarity principle 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 principle The proposal complies with the proportionality principle for the following reason. The Common Fisheries Policy is a common policy. According to Article 43(3) TFEU it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities. The proposed Council Regulation allocates fishing opportunities to Member States. Having regard to Article 16(6) and (7) and Article 17 of Regulation 1380/2013, Member States are free to allocate such opportunities among vessels flying their flag as they see fit. Therefore, Member States have ample room for manoeuvre on decisions related to the social and economic models of their choice to exploit their allocated fishing opportunities. The proposal has no new financial implications for Member States. This Regulation is adopted by the Council every year, and the public and private means to implement it are already in place. ·Choice of instruments Proposed instruments: Regulation. This is a proposal for fisheries management on the basis of Article 43(3) TFEU and in accordance with Article 16 of Regulation (EU) No 1380/2013. 4.BUDGETARY IMPLICATION The proposal has no implications for the Union budget. 2017/0306 (NLE) Proposal for a

COUNCIL REGULATION fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea 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)Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on the fixing and allocation of fishing opportunities. (2)Regulation (EU) No 1380/2013 of the European Parliament and of the Council requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF). (3)It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities by fishery or group of fisheries in the Black Sea including certain conditions functionally linked thereto, as appropriate. Article 16(1) and (4) of Regulation (EU) No 1380/2013 provides that fishing opportunities be distributed among Member States in such a way as to ensure relative stability of each Member State's fishing activities for each stock or fishery and in accordance the objectives of the Common Fisheries Policy established in Article 2(2) of that Regulation. (4)At its 41st Annual Meeting in 2017, the General Fisheries Commission for the Mediterranean (GFCM) adopted Recommendation GFCM/40/2017/4 on a multiannual management plan for turbot fisheries in geographical subarea 29 (Black Sea). The recommendation establishes a Total Allowable Catch for Turbot for two years (2018-2019) with a temporary allocation of quotas. That measure should be transposed into the law of the Union. (5)The fishing opportunities should be established on the basis of the available scientific advice, taking into account biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders. (6) In accordance with the STECF available scientific advice, it is necessary to maintain the current level of the fishing mortality to ensure the sutainaibility of the stock of sprat in the Black Sea. (7)For sprat fisheries, the landing obligation referred to in Article 15(1) of Regulation (EU) No 1380/2013 applies from 1 January 2015. For turbot fisheries the landing obligation referred to in Article 15(1) of Regulation (EU) No 1380/2013 applies from 1 January 2017. (8)The use of fishing opportunities set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 and in particular to Articles 33 and 34 thereof concerning the recording of catches and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation. (8)In accordance with Article 2 of Council Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein must be identified. (9)As regards the turbot stock, further remedial measures should be taken. Maintaining the currently applicable two months closure period, from 15 April to 15 June, would continue to provide protection for the stock during the spawning season of turbot. Managing the fishing effort and limiting the fishing days to 180 per year, would have a positive conservation impact to the turbot stock. (10)In order to avoid interruption of fishing activities and to ensure the livelihood of Union fishermen, it is important to open the fisheries concerned in the Black Sea on 1 January 2018. For reasons of urgency, this Regulation should enter into force immediately after its publication. (11)Fishing opportunities should be used in full compliance with the applicable law of the Union, HAS ADOPTED THIS REGULATION:

CHAPTER I

Subject matter, scope and definitions Article 1

Subject matter This Regulation fixes for 2018 the fishing opportunities available to Union fishing vessels flying the flag of Bulgaria and Romania for the following stocks: (a) Sprat (Sprattus sprattus) in the Black Sea (b) Turbot (Psetta maxima) in the Black Sea; Article 2

Scope This Regulation shall apply to Union fishing vessels flying the flag of Bulgaria or Romania and operating in the Black Sea. Article 3

Definitions For the purposes of this Regulation, the following definitions shall apply: (a)"GFCM" means General Fisheries Commission for the Mediterranean; (b)"Black Sea" means the geographical sub-area 29 as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and the Council; (c)"Fishing vessel" means any vessel equipped for commercial exploitation of marine biological resources; (d)"Union fishing vessel" means a fishing vessel flying the flag of a Member State and registered in the Union; (e) "Stock" means a marine biological resource that occurs in a given management area; (f)“Union autonomous quota” means a limit of the catches autonomously allocated to Union fishing vessels in the absence of an agreed Total Allowable Catch (TAC); (g)analytical quota" means a Union autonomous quota for which an analytical assessment is available. CHAPTER II

Fishing opportunities Article 4

Allocation of fishing opportunities 1. The Union autonomous quota for sprat, the allocation of such quota among Member States, and the conditions functionally linked thereto, where appropriate, are set out in the Annex. 2. The TAC for turbot, applicable in Union waters and for Union fishing vessels and the allocation of such TAC among Member States and the conditions functionnaly linked hereto,where appropriate, are set out in the Annex.

Article 5

Special provisions on allocations The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to: (a)exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013; (b)deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009; (c)deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009. Article 6 Management of the fisheries effort for turbot Union fishing vessels authorised to fish for turbot in the Black Sea, irrespective of the vessels' lengh overall, shall not exceed 180 fishing days per year. CHAPTER III

Final provisions Article 7

Data transmission When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in the Annex to this Regulation. Article 8

Entry into force 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 1 January 2018. This Regulation shall be binding in its entirety and directly applicable in the Member States. Done at Brussels,