Proposal for a COUNCIL REGULATION amending Regulation (EU) 2018/120 as regards fishing opportunities for European seabass
Date: 2018-09-04
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, catch by species, catch quota, conservation of fish stocks, fishing area, fishing rights, international waters, recreational fishing, sea fish

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   EUROPEAN COMMISSION  Brussels, 4.9.2018  COM(2018) 613 final 2018/0321 (NLE)  Proposal for a COUNCIL REGULATION amending Regulation (EU) 2018/120 as regards fishing opportunities for European seabass  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Council Regulation (EU) No 2018/120 fixes for 2018 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 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

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.  

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• 

Collection and use of expertise 

The Proposal is based on the scientific advice of the International Council for the Exploration 
of the Sea (ICES)1. 

• 

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 Regulation 2018/120 as described below. 

European seabass 

On  2  July  2018  ICES  has  issued  revised  advice  for  2018  for  European  seabass  in  ICES 
divisions  4b–c,  7a,  and  7d–h  (central  and  southern  North  Sea,  Irish  Sea,  English  Channel, 
Bristol Channel, and Celtic Sea). In this advice ICES indicated a lower fishing mortality from 
recreational  fisheries  and  a  higher  survival  rate  from  the  catch-and-release  practice  than 
previously estimated. Therefore, it is appropriate to introduce a daily bag limit of one fish per 
day for recreational fishermen applicable in October – December 2018. 

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http://www.ices.dk/community/advisory-process/Pages/Latest-advice.aspx  

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2018/0321 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) 2018/120 as regards fishing opportunities for European 
seabass 

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) 

(2) 

Council Regulation (EU) 2018/1202 fixes for 2018 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. 

The  International  Council  for  the  Exploration  of  the  Sea  (ICES)  submitted  revised 
advice for European seabass (Dicentrarchus labrax) in ICES divisions 4b–c, 7a, and 
7d–h  (central  and  southern  North  Sea,  Irish  Sea,  English  Channel,  Bristol  Channel, 
and  Celtic  Sea)  for  2018.  According  to  that  advice,  in  order  to  be  in  line  with  the 
maximum  sustainable  yield  (MSY),  total  commercial  and  recreational  removals  in 
2018 should be no more than 880 tonnes. Owing to the set of measures ensuring the 
recovery of the stock, the biomass is expected to increase in 2018. In that advice ICES 
also  indicated  a  lower  fishing  mortality  from  recreational  fisheries  and  a  higher 
survival  rate  from  the  catch-and-release  practice  (fishing  mortality  rate  of  5%)  than 
previously estimated (15%). Therefore, it is appropriate that one fish per fisherman per 
day  may  be  retained  in  recreational  fisheries  taking  place  in  October  –  December 
2018. 

(3) 

Regulation (EU) 2018/120 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

In Article 9 of Regulation (EU) 2018/120, paragraph 4 is replaced by the following: 

"4. In recreational fisheries, including from shore, in ICES divisions 4b, 4c, 7a to 7k: 

a)  from  1  January  2018  to  30  September  2018,  only  catch-and-release  fishing  for  European 
seabass shall be allowed. During that period, it shall be prohibited to retain on board, relocate, 
tranship or land European seabass caught in that area; 

b)  from 1 October to  31 December 2018, not  more than one specimen  of European seabass 
may be retained per fisherman per day.". 

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Council  Regulation  (EU)  2018/120  of  23  January  2018  fixing  for  2018  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 (OJ L 27, 31.1.2018, p. 1) 

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This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union. 

Article 2  

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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