COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the State of Play of the Common Fisheries Policy and Consultation on the Fishing Opportunities for 2019
Date: 2018-06-11
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Black Sea, Mediterranean Sea, catch by species, common fisheries policy, conservation of fish stocks, fishing area, fishing controls, fishing rights, sea fish, sea fishing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 11.6.2018  COM(2018) 452 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the State of Play of the Common Fisheries Policy and Consultation on the Fishing Opportunities for 2019  {SWD(2018) 329 final}  
 
 
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

on the State of Play of the Common Fisheries Policy and Consultation on the 
Fishing Opportunities for 2019 

1. 

INTRODUCTION 

This  Communication  gives  an  overview  of  the  state  of  play  of  the  Common  Fisheries 
Policy (CFP). It presents progress towards FMSY (i.e. the fishing mortality that produces 
the  maximum  sustainable  yield),  changes  in  the  state  of  stocks,  efforts  to  reverse  the 
situation in the Mediterranean and Black Sea, the state of the EU fleet, progress in terms 
of governance, the phasing-in of the landing obligation and the external dimension of the 
CFP1. It also sets  out the principles intended to underpin the Commission proposals on 
fishing  opportunities  for  2019.  Member  States,  Advisory  Councils  (ACs),  other 
stakeholders and the public can provide suggestions on these policy directions. 

Under  the  CFP,  the  fishing  pressure  on  stocks  concerned  should  be  aligned  as  soon  as 
possible, and by 2020 at the latest, to the objective of restoring and maintaining stocks to 
levels that can produce maximum sustainable yield (MSY). Achieving this objective will 
also contribute to achieving good environmental status in European seas by 20202 and to 
minimising the negative impact of fishing activities on marine ecosystems. 

2.  PROGRESS IN IMPLEMENTING THE CFP 

There continues to be significant progress in implementing the CFP: 

  Meeting the FMSY objective. In the ICES area3, the fishing pressure shows an overall 
downward  trend  and  the  relevant  indicator  (F/FMSY)  is  now  stabilized  at  around  1, 
which  means  that  over  all  stocks,  on  average,  the  exploitation  levels  are  close  to 
FMSY. In parallel, the number of total allowable catches (TACs)4 set in line with FMSY 
further  increased  in  2018  from  44  to  53,  representing  69%  of  the  FMSY  assessed 
TACs in the ICES area.  

  Rebuilding  stocks.  Since  2013  the  Spawning  Stock  Biomass  (SSB)  has  been 
increasing in the ICES area and in 2016 was on average around 39% higher than in 

1 The full reports on the implementation of the landing obligation, on the balance between fishing capacity 
and  fishing  opportunities  and  on  progress  with  FMSY  and  the  state  of  the  stocks,  required  under  Articles 
15(14), 22(4) and 50 of Regulation (EU) No 1380/2013 of 11 December 2013 (OJ L 354 of 28.12.2013), 
are included in the Staff Working Document accompanying this Communication.   
2 Directive 2008/56/EC, OJ L 164, 25/06/2008, p. 19-40. 
3 Area FAO 27, i.e. North-East Atlantic and adjacent seas. 
4  TACs  or  fishing  opportunities  are  catch  limits  expressed  in  tonnes  or  numbers  and  set  for  most 
commercial fish stocks.  

1 

 
 
 
 
                                                 
2003,  whereas  the  proportion  of  stocks  outside  safe  biological  limits  decreased 
from 65% in 2003 to around 30% in 2016. 

  Improving the state of the stocks in the Mediterranean and Black Sea. Although 
the  situation  in  the  Mediterranean  and  the  Black  Sea  remains  very  worrying, 
significant steps are being taken to combat overfishing at all levels.  

  Increasing  overall  socio-economic  performance.  The  economic  performance  of 

the EU fleet continues to improve, with €1.3 billion net profits in 2016.  

  Better  balancing  fishing  capacity  and  fishing  opportunities.  The  capacity  of  the 
EU  fleet  continued  to  decrease. It  is  now  almost  20%  below  the  capacity  ceilings 
for tonnage and more than 13 % below the capacity ceilings for engine power. 

  Progressing with Multiannual Plans  (MAPs). After the Baltic MAP entered into 
force5  and  the  North  Sea  MAP  was  agreed6,  the  Commission  proposed  two  new 
MAPs: one for demersals in the Western Mediterranean7 and one for demersals in 
Western Waters8. Work also continues on the Adriatic MAP proposed last year9.  

  Phasing-in  of  the  landing  obligation.  On  1  January  2019,  the  landing  obligation 
will enter into force for all species subject to catch limits and in the Mediterranean 
also  for  all  species  subject  to  minimum  conservation  reference  size.  The 
Commission is working together with Member States and stakeholders to facilitate 
the full implementation of the landing obligation.  

  Promoting the EU principles of fisheries management at the international level. 
The  EU  is  in  the  lead  in  advocating  and  rolling  out  sustainable  fisheries  at  the 
international  level,  as  shown  by  the  success  of  the  last  edition  of  Our  Ocean 
Conference hosted by the EU. 

2.1. 

Progress in achieving FMSY  

The Scientific, Technical and Economic Committee for Fisheries (STECF) has computed 
the trends in fishing pressure (F/FMSY)10. 

According to STECF, in the ICES area, fishing mortality is decreasing steadily and the 
indicator value in 2016 was close to 1 (compared to 1,5 in 2003), which means that over 
all stocks exploitation levels are, on average, close to FMSY. In the Mediterranean and 
Black  Sea,  the  trends  in  F/FMSY  show  a  median  level  that  varies  slightly,  staying  at 
around 2.3 from 2003 to 2015, with no decreasing trend.   

In the ICES area, the Commission proposed TACs in line with or slightly below FMSY 
for  2018  for  all  the  76  TACs  with  FMSY  advice.  The  Council  set  53  TACs  in  line  with 
FMSY: 29 in Western Waters (plus 1 in deep sea stock), 17 in the North Sea and 7 in the 
Baltic Sea.  

5 Regulation (EU) 2016/ of 6 July 2016 (OJ L 191, 15.7.2016, p. 1)  
6 COM/2016/0493 final - 2016/0238 (COD) 
7 COM/2018/0115 final - 2018/050 (COD)  
8 COM/2018/0149 final - 2018/074 (COD) 
9 COM/2017/097 final - 2017/043 (COD) 
10 STECF-Adhoc-18-01. 

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In terms of volume: 

- 

- 

- 

In the Baltic Sea, TACs were set based on the Baltic MAP. 95% of the expected 
catches  come  from  TACs  set  in  line  with  FMSY  and  4%  from  TACs  with 
precautionary advice.  
In  the  North  Sea,  Skagerrak  and  Kattegat,  for  the  FMSY  assessed  stocks 
managed by the EU alone, 99.7% of the expected landings come from TACs set 
in line with FMSY.  
In the North Western and South Western Waters, for the FMSY assessed stocks 
managed by the EU alone, this figure is 94% and 90% respectively. 

For the first time, the Council also agreed a three-month closure of eel fisheries to protect 
the  Commission  and  Member  States  made  a  political 
spawners.  Furthermore, 
commitment  to  reinforce  the  implementation  of  the  Eel  regulation  and  evaluate  its 
effectiveness11. 

For deep-sea stocks, fishing opportunities were set in November 2016 for 2017 and 2018 
and  make  up  less  than  1%  of  all  landings  in  the  EU.  Deep-sea  stocks  are  data  or 
assessment limited, with the exception of Roundnose grenadier in North Western Waters, 
the TAC of which was set at FMSY.  

For  stocks  subject  to  Coastal  States  consultations  only  1  out  of  10  TACs  with  FMSY 
advice  is  in  line  with  FMSY,  namely  Atlanto-scandian  herring  representing  4%  of  the 
landings of all Coastal States TACs in terms of volume. Achieving FMSY by 2020 for all 
Coastal States stocks is therefore a challenge.  

In  the  Mediterranean  Sea,  out  of  47  stocks,  only  around  13%  (6  stocks)  are  not 
overfished: red mullet in GSA 10 (South Tyrrhenian Sea), GSA 17-18 (Adriatic Sea) and 
GSA  22  (Aegean  Sea);  European  anchovy  in  GSA  22  (Aegean  Sea);  deep-water  rose 
shrimp in GSA 9 (Ligurian and North Tyrrhenian Sea); and common cuttlefish in GSA 
17  (Northern  Adriatic  Sea).  In  the  Black  Sea,  5  out  of  the  6  assessed  stocks  remain 
overfished,  with  the  exception  of  sprat.  It  is  clear  that  further  efforts  are  required  to 
achieve the 2020 FMSY objective in these sea basins as outlined below under 2.3. 

2.2.  Biomass trends 

STECF has also calculated the evolution of SSB since 200312.  

In the ICES area, SSB has generally been increasing over this period and in 2016 was 
on  average  around  39%  higher  than  in  2003.  The  percentage  of  stocks  within  safe 
biological  limits  is  also  increasing.  In  2018,  81%  of  the  fishing  opportuninites  is 
expected  to  come  from  stocks  within  safe  biological  limits,  11%  from  stocks  outside 

11 Council Regulation (EC) 1100/2007 of 18 September 2007 (OJ L 248, 22.9.2007, p. 17). The roadmap of 
the evaluation was published on April 2018:  http://ec.europa.eu/info/law/better-regulation/initiatives/ares-
2018-1986447_en  
12 STECF-Adhoc-18-01. 

3 

 
 
 
 
 
 
 
 
 
 
                                                 
them, and 8% from stocks with precautionary advice, for which we do not know whether 
or not they are within safe biological limits.  

For the Mediterranean and the Black Seas, SSB has remained essentially unchanged 
since 2003. However, these results should be taken with caution, as there is a high level 
of uncertainty. 

2.3. 

Specific actions for the Mediterranean and the Black Seas 

The  European  Commission  has  taken  significant  steps  to  tackle  overfishing  in  the 
Mediterranean and Black Sea, both at the EU level and with its international partners. 

At  the  EU  level,  one  of  the  Commission's  priorities  is  to  further  align  the  national 
management plans adopted under the Mediterranean Regulation13 with the CFP.  In 2017, 
five national management plans were reviewed and updated in line with STECF advice. 
These  include  plans  for  fisheries  conducted  with  boat  seines,  shore  seines,  gangui  and 
small purse seines in Croatia, France, Greece and Spain. This process will accelerate in 
2018. 

Better  enforcement  and  control  is  also  a  priority  in  these  sea  basins.  In  2017,  the 
Commission extended the scope of the specific control and inspection programme (SCIP) 
for  the  Mediterranean  to  cover  the  hake  and  deep-water  rose  shrimp  in  the  Strait  of 
Sicily14. The number of joint campaigns coordinated by the European Fisheries Control 
Agency has also substantially increased15.  

For progress in EU MAPs, see below, section 2.5.1. 

At  the  international  level,  the  Commission's  aim  is  to  translate  the  political 
commitments of the ‘Malta MedFish4Ever Declaration’16 into concrete actions.  

Within  the  framework  of  the  General  Fisheries  Commission  for  the  Mediterranean 
and Black Sea (GFCM), in 2017 important measures proposed by the EU were agreed: 

-  a MAP for turbot in the Black Sea; 
-  a  regional  plan  of  action  to  combat  illegal,  unreported,  and  unregulated 

fishing (IUU); 

-  an  international  joint  inspection  and  surveillance  scheme  outside  the 

waters under national jurisdiction of the Strait of Sicily; 

-  a  regional  adaptive  management  plan  for  the  exploitation  of  red  coral in 

the Mediterranean; and 

-  a fisheries restricted area in the Jabuka/Pomo Pit in the Adriatic Sea.   

13 Council Regulation (EC) No 1967/2006 of 21 December 2006 (OJ L 36, 8.2.2007, p. 6). 
14 Commission Implementing Decision (EU) 2018/17 of 5 January 2018 (OJ L 4, 9.1.2018, p. 20). 
15  From  482 inspections  in  2014  –  on  bluefin  tuna  –  to  2,855 inspections  in  2017  –dedicated  to  bluefin 
tuna, swordfish, albacore, small pelagics in the Adriatic Sea and demersal species in the Strait of Sicily). 
16  Malta  MedFish4Ever  Ministerial  Declaration.  Ministerial  conference  on  the  sustainability  of 
Mediterranean fisheries (Malta, 30 March 2017). 

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In 2018, the most important milestone will be the adoption of the Sofia Declaration by 
Black Sea riparian States as a follow-up to the Bucharest Declaration endorsed in 2016. 
The  Commission  will  also  aim  to  reach  agreement  on  a  regional  management  plan  for 
European  eel  and  conservation  measures  for  demersal  fisheries  in  the  Central-Eastern 
Mediterranean,  key  commercial  species  such  as  rapana  whelk,  as  well  as  small  pelagic 
species in the Adriatic, as there is no EU MAP in place.  

The  EU  work  within  the  framework  of  the  International  Commission  for  the 
Conservation of Atlantic Tunas (ICCAT) has also started to pay off:  the reported high 
biomass  levels  of  bluefin  tuna  in  the  Eastern  Atlantic  and  the  Mediterranean  made  it 
possible to increase TACs for 2018-202017 in line with scientific advice. This also paved 
the  way  for  a  new  management  framework,  moving  from  a  rebuilding  plan  to  a 
management plan, allowing small-scale fisheries to return to fishing, while keeping strict 
rules of control. For Mediterranean swordfish, the recently adopted recovery plan sets a 
TAC  of  10,500  tonnes  from  2017  and  a  linear  reduction  of  3%  per  year  until  2022.  In 
2017,  ICCAT  also  adopted  a  freeze  of  the  fishing  capacity  for  vessels  exploiting 
Mediterranean albacore18.  

2.4.  The state of the EU fleet 

The  capacity  of  the  EU  fleet  continued  to  decrease.  In  December  2017,  the  EU  fleet 
register contained 82,912 vessels with an overall capacity of 1,487.983 in gross tonnage 
(GT)  and  5,763.933  in  kilowatts  (KW).  This  is  a  reduction  of  1.45%  since  last  year  in 
terms of number of vessels, 6.54% in KW and 9.59% in GT. However, a number of fleet 
segments are not in balance with their fishing opportunities. 

The  economic  performance  of  the  EU  fleet  improved  once  again  and  net  profits 
amounted  to  EUR  1.3  billion  in  2016.  The  EU  fleet  landed  around  5  million  tonnes  of 
seafood with a reported landed value of EUR 7.7 billion. Gross valued added and gross 
profit (all excl. subsidies) generated by the EU fleet (excl. Greece) were EUR 4.5 billion 
and EUR 2.1 billion, respectively. In terms of net profit margin, it was 17%, significantly 
higher  than  the  margin  in  2015  (11%).  Projections  for  2017  and  2018  suggest  positive 
economic results.  

Regarding social sustainability, total employment in the EU fleet in full time equivalent 
(FTE) has  been  decreasing on average  1.3%  per year since 2008, partly because  of the 
decrease in the capacity of the EU fleet. However, the average wage per FTE, has been 
increasing on average 2.7% per year. The average annual wage per FTE is EUR 24,800. 

A major development in improving working conditions in the EU fleet is the successful 
transposition  of  the  International  Labour  Organisation  (ILO)  Work  in  Fishing 
Convention  C188  into  EU  law  as  agreed  by  the  EU  social  partners19.  This  Convention 
creates a single and coherent instrument for improving the living and working conditions 
on  board  fishing  vessels.  However,  only  a  few  Member  States  have  ratified  the 

17 ICCAT Recommendation 17-07 amending Recommendation 14-04. 
18  ICCAT  Recommendation  17-05  establishing  management  measures  for  the  stock  of  Mediterranean 
albacore.  
19 Directive 2017/159 of 19 December 2016 (OJ L 25, 31.1.2017, p. 12). 

5 

 
 
 
 
 
 
 
                                                 
international conventions relevant for fisheries20 and transposition of these standards into 
EU law is still not complete. Ensuring decent work, health and safety conditions on board 
fishing vessels is high on the Commission’s agenda.  

2.5.  Governance 

2.5.1.  Progress with MAPs 

The  recent  adoption  of  a  MAP  for  demersals  in  the  North  Sea  is  an  important 
development  that  will  help  ensure  sustainable  fisheries  in  the  long  term.  This  is  the 
second MAP agreed after the Baltic MAP in 2016. By contrast, the European Parliament 
and  the  Council  have  not  yet  reached  an  agreement  on  the  MAP  for  sardines  and 
anchovies in the Adriatic Sea proposed by the Commission in 2017 and the prospects of 
a swift adoption are slim. The Commission is working closely with all parties concerned 
to facilitate discussions so that measures can be put in place as soon as possible to protect 
these stocks in critical state.  

In March 2018, the Commission proposed two new MAPs: one for fisheries exploiting 
demersal stocks in the western Mediterranean Sea and one for demersal species in 
Western  Waters  Reaching  agreement  on  these  proposals  is  important  for  the 
achievement of FMSY and the full implementation of the landing obligation.  

2.5.2.  Regionalisation and stakeholder involvement 

The  2013  reform  of  the  CFP  introduced  regionalisation:  where  regionalisation  applies, 
Member  States  concerned  may  submit  joint  recommendations  for  the  adoption  of 
Commission  delegated  acts.    The  new  generation  of  MAPs  also  contains  provisions  on 
regionalisation, which allow Member States and stakeholders to work together on tailor-
made management measures that suit their sea bassins.  

Regionalisation has played an important role in the phasing-in of the landing obligation. 
In contrast, joint recommendations on conservation measures for Natura 2000 sites and 
other protected areas under Article 11 CFP have been less forthcoming and  only cover 
certain  areas  in  the  North  Sea  and  the  Baltic.  To  help  Mediterranean  Member  States 
better  understand  the  advantages  of  putting  in  place  conservation  measures  under  the 
CFP, a dedicated workshop on this topic took place in Zadar in October 2017. Member 
States  and  stakeholders  need  to  do  more  in  this  respect.  To  facilitate  their  tasks  the 
Commission  will  issue  a  guidance  document  on  the  shaping  of  delegated  acts  under 
Article 11 CFP. Furthermore, earlier this year, the Commission reported on the exercise 
of delegated powers under the CFP21. 

Regionalisation  has  also  reinforced  the  role  of  the  ACs,  the  main  stakeholders 
organisations established under the CFP. Member States have to consult the ACs when 
shaping 
the  ACs’ 
recommendations increased again from 56 in 2016 to 64 in 2017.  

recommendations.  As 

the  number  of 

result, 

joint 

their 

20 Convention C188 Work in Fishing, ILO 2007; STCW-F Convention, IMO 1995; Cape Town Agreement 
on the implementation of the Torremolinos Protocol on the safety of fishing vessels, IMO 2012. 
21 COM/2018/079 final. 

6 

 
 
 
 
 
 
 
                                                 
The  expertise  of  the  ACs  is  crucial  for  the  successful  implementation  of  the  CFP.  The 
Commission  and  Member  States  build  on  their  analysis  to  prevent  or  at  least  mitigate 
choke  situations  within  the  framework  of  EU  rules  in  place.  ACs  can  also  develop 
sustainable management strategies, such as the two management strategies for sole in the 
Bay  of  Biscay  and  the  Eastern  Channel,  which  produced  fisheries  in  line  with  FMSY 
leading to increased quotas for fishermen.  

2.6.  The Landing Obligation 

The phasing-in of the landing obligation further progressed in 2018. Pelagic fisheries and 
fisheries in the Baltic and Black Sea are already fully under the landing obligation. For 
demersal  fisheries,  there  has  been  an  overall  increase  of  the  scope  of  the  landing 
obligation  in  volume  from  35%  to  44%  since  last  year:  this  corresponds  to  34%  in  the 
North  Sea,  51%  in  North  Western  Waters  and  65%  in  South  Western  Waters.  In  the 
Mediterranean,  around 66 %  of  the  total  landings  are  currently  under  the  landing 
obligation.  This  figure  amounts  to  around  94%  for  small  pelagic  species,  24%  for 
demersal  species  and  71 %  for  mollusc  bivalves.  In  the  Black  Sea,  since  2017,  the 
landing obligation covers all catches of the species subject to TAC, i.e. sprat and turbot.  

Pursuant to the provisions of the Basic Regulation, as of the 1 January 2019, the landing 
obligation  will  apply  to  all  catches  of  species  under  catch  limits  and,  in  the 
Mediterranean, also to catches of species under minimum conservation reference sizes. In 
order  to  facilitate  the  full  and  timely  implementation  of  the  landing  obligation,  all 
existing flexibilities under the CFP should be fully used.  

Based information available, so far, there have been no choke situations that occurred as 
a  result  of  the  landing  obligation.  Nevertheless,  the  FMSY  objective  2020  and  the  full 
application  of  the  landing  obligation  are  a  challenge,  therefore  Member  States  and  the 
ACs are encouraged to continue their work, in particular to identify the cases for which 
there is enough fish in the system and therefore swapping can prevent choking. Member 
States  should  also  consider  if  their  internal  rules  could  be  improved.  The  use  of  the 
European  Maritime  and  Fisheries  Fund  to  support  the  implementation  of  the  landing 
obligation remains very low with only EUR 49 million earmarked for measures linked to 
the landing obligation22.  

The  Commission  is  fully  committed  to  working  with  Member  States  and  the  ACs  to 
facilitate the implementation of the landing obligation. The recent amendment of Article 
15.6  CFP  to  enable  the  renewal  of  the  discard  plans  for  an  additional  period  of  three 
years is a token of this commitment23. The European Parliament and the Council should 
use this additional period to reach an agreement on the MAPs recently proposed by the 
Commission,  as  MAPs  are  a  useful  tool  for  addressing  potential  choke  situation.  The 
Commission  will  continue  to  assist  to  further  explore  possibilities,  in  particular 
concerning choke situations, within the limits of EU rules in place and based on specific 
examples presented by the Member States. 

22These  measures  include:  support  in  equipment  improving  selectivity  of  fishing  gears; on  board  or  in 
equipment that eliminates discards; investments in fishing ports, auction halls, landing sites and shelters; 
marketing  measures  aimed  at  finding  new  markets  and  improving  the  conditions  for  the  placing  on  the 
market of fishery products, including unwanted catches landed. 
23 Regulation (EU) 2017/2092, OJ L 302, 17.11.2017, p. 1. 

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Regarding  enforcement  and  control,  it  is  becoming  increasingly  clear  that  traditional 
means of control, such as inspections at sea and aerial surveillance, are less effective than 
continuous  remote  electronic  monitoring  technologies  (REM),  such  as  closed  circuit 
television (CCTV) and sensors. In the absence of an agreement at the regional level and 
in order to ensure a level playing field, the Commission recently engaged in discussions 
with  Member  States  and  EFCA  to  address  this  issue  in  the  SCIPs  adopted  under  the 
Control Regulation24. 

2.7.  The  broader  context:  International  Ocean  Governance  and  the  Our  Ocean 

Conference 2017 

In  2017,  the  EU  hosted  the  fourth  edition  of  the  Our  Ocean  Conference  with  great 
success,  as  it  resulted  in  433  tangible  commitments  amounting  to  EUR  7.2  billion  in 
financial pledges and 2.5 million km2 of additional Marine Protected Areas.  

In  the  framework  of  the  Joint  Communication  on  international  ocean  governance,  the 
Commission's work at the international level further focuses on: 

-  Actively promoting sustainable fisheries management outside EU waters through 

Regional Fisheries Management Organisations (RFMOs); 

-  Supporting  better  coordination  between  RFMOs  and  regional  seas  conventions 

and cooperation with global organisations; 

-  Combating IUU fishing and strengthening the sustainable management of ocean 
resources  through  our  bilateral  IUU  dialogues  and  Working  Groups.  The  entry 
into  force  of  the  Port  States  Measures  Agreement  (PSMA)  in  June  2016,  the 
adoption of the Food and Agriculture Organisation (FAO) Voluntary Guidelines 
on  Catch  Documentation  Schemes  in  July  2017  and  the  launching  of  the  first 
working  version  of  the  FAO  Global  Record  of  Fishing  Vessels,  Refrigerated 
Transport Vessels and Supply Vessels in April 2017 are significant developments 
in this area; 

-  Closing gaps in the international framework. Reaching an international agreement 
that prevents unregulated commercial fishing in the Arctic high seas represents a 
key achievement in this area; 

-  Developing  sustainable  fisheries  and  aquaculture  and  building  capacity  in  the 
sector  through  EU-funded  support  programmes  with  regional  entities  and 
countries  in  the  Pacific,  Western  Africa  and  Indian  Ocean.  In  2017,  two  new 
regional  programs,  PESCAO  (Western  Africa)  and  PEUMP  (Pacific),  were 
adopted; 
Improving the governance of the fisheries sector and the sustainable development 
of local fisheries through Sustainable Fisheries Partnership agreements (SFPAs).  

- 

The  new  Regulation  on  the  sustainable  management  of  external  fishing  fleets25,  which 
entered into force on 12 December 2017, aims to strengthen the EU’s role as a key global 
actor in fisheries, ocean governance and the fight against IUU.  

24 Council regulation (EC) No 1224/2009 of 20 November 2009 (OJ L 343, 22.12.2009). 
25 Regulation (EU) 2017/2403 of 12 December 2017 (OJ L 347, 28.12.2017, p. 81). 

8 

 
 
 
 
 
 
 
 
 
                                                 
3.  PROPOSALS FOR 2019 TACS  

TAC setting for 2019 will be characterised by three landmarks: the fast approaching FMSY 
2020 objective, the full implementation of the landing obligation as of 2019 and fishing 
opportunities based on MAPs for the Baltic Sea and the North Sea. All three landmarks 
are equally important for stakeholders and Member States alike and need to be factored 
in during the TAC setting exercise to ensure coherence. 

3.1.  Overall objectives of the Fishing Opportunities proposals in 2019 

The  Commission’s  main  objective  is  to  achieve  significant  further  progress  towards 
reaching  FMSY  as  this  is  the  last  year  before  the  FMSY  objective  of  2020.  For  the  FMSY 
assessed  stocks  managed  by  the  EU  alone  the  Union  has  made  important  progress,  as 
explained above.  

However,  ensuring  that  all  TACs  are  at  FMSY  at  all  times  is  a  challenge.  Both  for 
biological and socio-economic reasons it may not be possible to have all stocks fished at 
FMSY simultaneously. Therefore, preserving the FMSY objective of the CFP is a continuous 
endeavour. 

3.2.  How to reach our objectives – the process from science to negotiation of 

fishing opportunities 

The basis for the Commission's proposals for fishing opportunities will be the scientific 
advice by the International Council for the Exploration of the Sea (ICES), which arrives 
in  several  parts26.  The  Commission  intends  to  cover  as  many  stocks  as  possible  in  its 
initial proposals. In the particular case of the North Sea and Atlantic proposal, because of 
the late advice releases from October to December, the proposal will however continue to 
contain fishing opportunities in pro memoria for the late advice stocks.  

An important feature in the process is the stakeholder consultation, which plays a crucial 
role.  The Commission  invites  Member States and stakeholders  to  start their work early 
based  on  the  ICES  advice,  which  is  publicly  available,  rather  than  awaiting  for  the 
Commission’s  proposals.  The  stakeholders  will  then  have  the  opportunity  to  make 
recommendations on fishing opportunities to the Commission, notably via the respective 
ACs, and to share their views with Member States. At this stage, stakeholders should also 
consider the socio-economic impact of the ICES advice. 

Taking the above consultations into account, the Commission will draw up its proposals. 
There will be four proposals, covering respectively the Baltic Sea (September), the deep 
sea  stocks  (September),  the  Atlantic  and  North  Sea  (November)  and  the  Black  Sea 
(November), to be discussed in three separate Council meetings.  

The Commission will explain and discuss the proposals with Member States in the run-
up to and at the relevant Council meetings. During the discussions, the Commission will 

26 End of May 2018 for all Baltic stocks, beginning of June for deep-sea stocks, end of June 2018 for 61 
stocks in the North Sea, Bay of Biscay and the Celtic Sea and between October and December 2018 for 
further stocks in the North Sea and Atlantic. 

9 

 
 
 
 
 
 
 
 
                                                 
assess, based on solid economic analysis provided by the Member States, whether or not 
achieving  exploitation  rates  in  line  with  FMSY  in  2019  would  seriously  jeopardise  the 
social  and  economic  sustainability  of  the  fishing  fleets  involved27.  For  the  better 
organisation of these discussions, the Commission invites Member States to prepare their 
socio-economic considerations in due time based on the ICES advice and to consult their 
stakeholders.  For  a  meaningful  assessment  of  socio-economic  considerations,  Member 
States should send their submissions to the Commission at the latest two months before 
the relevant Council meeting.  

As the TAC proposals are due to be adopted before the withdrawal of the UK, no change 
in the decision-making process is envisaged for 2018. The current provisions of the draft 
withdrawal  agreement  as  agreed  at  negotiators’  level  on  19  March  2018  provide  for  a 
transition period, according to which Council decisions on fishing opportunities for 2019 
should  apply  to  the  UK  in  full  for  the  whole  of  2019.  These  provisions  are  however 
subject to formal approval of the Withdrawal Agreement in its entirety by both the Union 
and the UK and until such time there is no legal certainty about their implementation. 

3.3 Setting the Fishing Opportunities for different types of stocks 

Fishing opportunities for stocks in the Baltic and North Sea will be set in the context of 
the relevant MAPs, which define FMSY ranges of mortality and therefore offer a degree of 
flexibility. The Commission aims to anticipate better the need to use this flexibility and is 
currently working with ICES to receive information on the existence of mixed fisheries 
and intra/inter-species dependencies as part of their yearly advice. If this advice becomes 
available  in  time,  the  Commission  intends  to  use  the  whole  range  of  FMSY  values  to 
propose  TACs,  where  this  is  justified  because  of  inter-/intra-species  or  mixed  fisheries 
situations as set out in the MAPs. 

When drawing up the proposals, it is also important to take into account that as of 2019 
fishing  opportunities  will  be  proposed  in  the  context  of  the  full  implementation  of  the 
landing  obligation.  Whereas  in  previous  years,  the  Commission  proposed  top-ups  after 
the initial Commission proposal, as of this year the Commission intends to propose for 
the Baltic and the North Sea the ICES landings advice for FMSY ranges, while deducting 
the de minimis allowances where appropriate. The same will also apply for the Atlantic. 
In  order  to  facilitate  the  full  implementation  of  the  landing  obligation  in  2019,  it  is 
important to use all mitigation tools available, including any ICES advice on the mixed 
fisheries approach where appropriate. 

Concerning  the  scientific  advice,  it  should  be  pointed  out  that  ICES  undertakes 
benchmarks of stocks every few years. Where such benchmarks result in very significant 
differences  in  advice  for  2019  compared  to  ICES's  advice  for  2018  the  Commission 
intends to consider capping large variations on a case-by-case basis in order to phase in 
the advice and to buffer its impact on TAC setting, whilst respecting the legal framework 
in place. 

Some MAPs adopted before the 2013 CFP are no longer compatible with the objectives 
of the new CFP, for example because they include a less ambitious objective. This is the 

27 CFP Basic Regulation, Recital 7. 

10 

 
 
 
 
 
 
                                                 
case for southern hake and nephrops. In such cases, the Commission intends to propose 
TACs  that  achieve  FMSY  in  2019,  while  taking  into  account  any  ICES  advice  on  mixed 
fisheries. 

For  FMSY-assessed  stocks  subject  to  consultations  with  non-EU  country  partners,  in  the 
context  of  the  EU-Norway  and  the  Coastal  States  Consultations,  the  Commission 
continues to seek agreement with them while trying to advance the achievement of FMSY. 

Next  to  FMSY  assessed  stocks,  the  Commission  proposal  will  also  cover  a  few  stocks, 
where ICES will use trend forecast models, and deliver quantitative  catch advice based 
on FMSY proxy. For these stocks, the Commission intends to follow the same approach as 
for MSY assessed stocks.  

Finally,  for  a  number  of  stocks  exploited  as  by-catches  only,  such  as  the  so-called 
statement stocks, the Commission receives precautionary advice from ICES. This is the 
case for by-catches taken under the Baltic Sea and North Sea plan but also for by-catches 
in the Atlantic. Sometimes these by-catch TACs have low levels of quota uptake. Their 
economic importance is low and information on their status is limited. The Commission 
will assess the best approach for the future taking into account: ICES advice; the fact that 
they represent only 5% of landings under TACs and; the need to avoid choke situations 
for economically important target fisheries. 

As  regards  eel,  a  stock  in  critical  condition,  the  Commission  intends  to  include 
appropriate  measures  for  all  sea  basins  in  its  proposal  for  fishing  opportunities  in  the 
Atlantic  and  North  Sea  based  on  the  latest  scientific  advice.  The  Commission  will 
reassess the situation next year taking into account the results of the evaluation of the Eel 
Regulation,  the  findings  of  Member  States’  reports  on  the  implementation  of  their  eel 
management plans and the results of the implementation of the temporary closure put in 
place.   

Fishing  opportunities  for  stocks  under  the  purview  of  Regional  Fisheries 
Management Organisations will be transposed based on their decisions, as usual.  

4.  CONCLUSION 

Overall,  the  European  Union  is  making  progress  in  implementing  the  CFP  with  a 
growing number of TACs in line with FMSY. However, this is no time for complacency. 
We need to continue moving in this direction as 2020 is approaching rapidly.  

In the Mediterranean and the Black Sea, the situation remains worrying. The EU is taking 
the lead to reverse this, including with its international partners. The Commission will do 
its utmost to facilitate a fast and meaningful agreement on the two new MAPs proposed, 
for pelagics in the Adriatic and demersals in the Western Mediterranean.   Member States 
should  also  step  up  efforts  to  ensure  that  their  national  management  plans  under  the 
Mediterranean Regulation are in line with the new CFP.   

The  full  implementation  of  the  landing  obligation  also  presents  challenges,  both  for 
mitigating potential choke situations and for ensuring harmonised implementation at sea 
through  appropriate  enforcement  and  control  tools.    With  the  EU  fleet  being  largely 

11 

 
 
 
 
 
 
 
profitable, now is the time to ensure that the necessary measures are in place to ensure a 
sustainable and competitive future for the EU fisheries sector. 

12 

 
 
SCHEDULE  

The planned work schedule is as follows: 

When 

What 

May/June/October/December  Stock advice from ICES 

June – September 

Public consultation on the Communication 

14 September 

Seminar on the state of the stocks with stakeholders 

September 

October 

November 

Adoption of TAC proposals for the Baltic Sea 

Adoption of TAC proposals for Deep Sea 

Council on TACs for the Baltic Sea 

Adoption  of  TAC  proposals  for  the  Atlantic/North 
Sea/Black Sea 

Council on Deep Sea TACs 

December 

Council on TACs for the Atlantic/North Sea/Black Sea 

13