Proposal for a COUNCIL REGULATION amending Regulations (EU) 2019/124 and (EU) 2018/2025 as regards certain fishing opportunities
Date: 2019-07-16
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, sea fish, sea fishing

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   EUROPEAN COMMISSION  Brussels, 16.7.2019  COM(2019) 338 final 2019/0154 (NLE)  Proposal for a COUNCIL REGULATION amending Regulations (EU) 2019/124 and (EU) 2018/2025 as regards certain fishing opportunities  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Council Regulation (EU) No 2019/124 fixes for 2019 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. Council Regulation (EU) No 2018/2025 fixes for 2019 and 
2020 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks. The 
Proposal  includes  a  TAC  amendment  for  one  of  red  seabream  stocks  following  the  ICES 
advice for that stock. 

• 

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 

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• 

Stakeholder consultations 

The Proposal takes into account the feedback form the stakeholders, Advisory Councils, the 
national  administrations,  fishermen  organisations  and  non-governmental  organisations 
throughout  the  year  and  their  feedback  is  taken  into  account  when  setting  the  fishing 
opportunities. 

• 

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 Regulation (EU) 2019/124 as described below. 

Anchovy in  ICES subareas 9 and 10 and in Union waters of CECAF 34.1.1 is a short-lived 
species, for which surveys are  concluded in  May. Therefore,  changing the period  for which 
total allowable catch (TAC) is set from a calendar year to a period from 1 July to 30 June of 
the  following  year  ensures  that  the  fishing  opportunities  are  based  on  the  best  possible 
assessment of the annual recruitment of this short-lived species. 

Regulation  (EU)  2018/120,  as  amended  by  Regulation  (EU)  2018/1628,  set  the  TAC  for 
anchovy exceptionally for a period of 18 months from  1 January 2018 till  30 June 2019, in 
order to align to the new scientific advice period from July till June of the following year.  

In Council Regulation (EU) 2019/124 the TAC for anchovy in ICES subareas 9 and 10 and in 
Union waters of CECAF 34.1.1 applicable from 1 July 2019 to 30 June 2020 was set at zero 
awaiting  the  new  scientific  advice.  In  the  second  amendment  to  the  2019  fishing 
opportunities,  a  provisional  TAC  was  established  to  allow  the  fishery  to  continue.  The 
scientific advice became available on 28 June 2019. The TAC for the period starting on 1 July 
2019 should be amended in line with the latest scientific advice from ICES. 

The proposed amendments also seek to modify Regulation (EU) 2018/2025, which fixes for 
2019  and  2020  the  fishing  opportunities  for  Union  fishing  vessels  for  certain  deep-sea  fish 
stocks. At the time of establishing the fishing opportunities, scientific advice for red seabream 
in  ICES  subarea  10  was  available  only  for  2019.  It  was  decided  to  establish  the  fishing 
opportunities for that stock for both 2019 and 2020 at 576 tonnes, and, if necessary, to amend 
them following the scientific advice for 2020. The ICES scientific advice for 553 tonnes was 

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published on 11 June 2019. The fishing opportunities need to be amended for red seabream in 
ICES subarea 10 in order to take the latest scientific advice into account. 

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2019/0154 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulations (EU) 2019/124 and (EU) 2018/2025 as regards certain fishing 
opportunities 

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) 

(3) 

(4) 

(5) 

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Council Regulation (EU) 2019/1241 fixes for 2019 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. 

In Regulation (EU) 2019/124, the total allowable catch (TAC) for anchovy (Engraulis 
encrasicolus)  in  ICES  subareas  9  and  10  and  in  Union  waters  of  CECAF  division 
34.1.1  was  set  at  zero.  In  the  second  amendment  in  the  fishing  opportunities,  a 
provisional TAC was established to allow the fishery to continue. Anchovy is a short-
lived species and the relevant scientific advice was issued on 28 June 2019. The catch 
limits for anchovy in ICES subareas 9 and 10 and in Union waters of CECAF division 
34.1.1  should  now  be  amended  in  line  with  the  latest  scientific  advice  from  the 
International Council for the Exploration of the Sea (ICES). 
Council  Regulation  (EU)  No  2018/20252  fixes  for  2019  and  2020  the  fishing 
opportunities  for  Union  fishing  vessels  for  certain  deep-sea  fish  stocks.  In  that 
Regulation, the TAC for red seabream in ICES subarea 10 for both years was set based 
on the scientific advice for 2019, awaiting the scientific advice for 2020. On 11 June 
2019 ICES published the scientific advice for 2020. The TAC should be established in 
line with the latest scientific advice.  

Regulations (EU) 2019/124 and (EU) and 2018/2025 should be amended accordingly. 

The  catch  limits  for  anchovy  in  ICES  subareas  9  and  10  and  in  Union  waters  of 
CECAF division 34.1.1 provided for in Regulation (EU) 2019/124 apply from 1 July 
2019.  This  amending  Regulation  should  therefore  also  apply  from  that  date.  Such 
retroactive  application  is  without  prejudice  to  the  principles  of  legal  certainty  and 
protection  of  legitimate  expectations  as  the  fishing  opportunities  concerned  have  not 
yet been exhausted, 

Council  Regulation  (EU)  2019/124  of  30  January  2019  fixing  for  2019  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 29, 31.01.2019, p. 1). 
Council  Regulation  (EU)  2018/2025  of  17  December  2018  fixing  for  2019  and  2020  the  fishing 
opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 325, 20.12.2018, p.7). 

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HAS ADOPTED THIS REGULATION: 

Article 1 

In  Annex  IA  to  Regulation  (EU)  2019/124,  the  fishing  opportunities  table  for  anchovy  in 
ICES  subareas  9  and  10  and  Union  waters  of  CECAF  division  34.1.1  is  replaced  by  the 
following table: 

Species: 

Anchovy 

Zone: 

9 and 10; Union waters of CECAF 34.1.1 

Engraulis encrasicolus 

(ANE/9/3411) 

Spain 

Portugal 

Union 

TAC 

(1) 

Precautionary TAC 

4 281 

4 671 

8 952 

(1) 

(1) 

(1) 

8 952 

(1) 

The quota may only be fished from 1 July 2019 to 30 June 2020. 

In Annex to Regulation  (EU) 2018/2025, the fishing opportunities table for red seabream in 
Union and international waters of ICES subarea 10 is replaced by the following table: 

Article 2 

Zone: 

Union and international waters of 10 

(SBR/10-) 

Precautionary TAC 

 Species: 

Red seabream  

Pagellus bogaraveo  

Year 

Spain 

Portugal 

United 
Kingdom 

Union 

TAC 

2019 

5 

566 

5 

576 

576 

2020 

5 

543 

5 

553 

553 

Article 3 

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 July 2019. 

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

Done at Brussels, 

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For the Council 
The President 

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