Proposal for a COUNCIL REGULATION amending Regulation (EU) 2020/123 as regards certain fishing opportunities in 2020 in Union and non-Union waters
Date: 2020-07-30
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU waters, catch by species, catch quota, conservation of fish stocks, fishing rights, fishing vessel, international waters, sea fish, sea fishing, ship's flag

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   EUROPEAN COMMISSION  Brussels, 30.7.2020  COM(2020) 344 final 2020/0159 (NLE)  Proposal for a COUNCIL REGULATION amending Regulation (EU) 2020/123 as regards certain fishing opportunities in 2020 in Union and non-Union waters  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Council  Regulation  (EU)  2020/123  fixes  for  2020  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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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 advice1 of the International Council for the Exploration 
of  the  Sea  (ICES)  and  the  Scientific,  Technical  and  Economic  Committee  for  Fisheries 
(STECF). 

• 

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  Council  Regulation  (EU)  2020/123  as  described 
below. 

Anchovy in subareas 9 and 10 

Anchovy (Engraulis encrasicolus) 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. The period for total 
allowable catch (TAC) is set from 1 July to 30 June of the following year.  This ensures that 
the fishing opportunities are based on the best possible assessment of the annual recruitment 
of this short-lived species. 

In Council Regulation (EU) 2020/123 the TAC for anchovy in ICES subareas 9 and 10 and in 
Union waters of CECAF 34.1.1 applicable from 1 July 2020 to 30 June 2021 was set at zero 
awaiting  the  new  scientific  advice.  In  the  second  amendment  to  the  2020  fishing 
opportunities, a provisional TAC of 4 018 tonnes was established until 30 September 2020 to 
allow the fishery to continue. The scientific advice was issued on 18 June 2020. The TAC for 
the  period  starting  on  1  July  2020  should  therefore  be  amended  in  line  with  the  latest 
scientific advice from ICES. 

Access to blue whiting in Faroese waters 

In the Agreed Record of fisheries consultations between the Faroe Islands and the European 
Union  for  2020,  both  parties  have  agreed  to  grant  each  other  reciprocal  access  to  one 
another’s  waters  to  fish  for  blue  whiting  (Micromesistius  poutassou)  in  Union  and 
international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14, within the limit of 37 500 
tonnes each. A special condition limits the amount of how much blue whiting Member States 

1 

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

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can fish from their own quotas in Faroese Waters to a certain percentage of the total EU share. 
This  percentage  should  represent  the  proportion  of  the  EU  access  rights  of  37  500  tonnes 
compared to  the total  EU share of 326 484 tonnes. This  amounts to  a percentage of 11.4%, 
which is the amount that the Member States can fish from their own quotas in Faroese Waters. 
This percentage, currently set at 7%, should be amended accordingly.  

Access to blue whiting in EU waters 

In the Agreed Record of fisheries consultations between Norway and the European Union on 
ad  hoc  fisheries  arrangements  on  the  management  of  blue  whiting  and  Norwegian  spring-
spawning (atlanto-scandian) herring for 2020, both parties are granted to fish 190 809 tonnes 
of blue whiting in each other’s waters. A special condition limits Norway’s fishing access in 
Union  waters  of  4a  to  40  000  tonnes  (in  accordance  with  the  Agreed  Record  on  fisheries 
consultations  between  Norway  and  the  European  Union  for  2020).  This  catch  limit  in  4a 
amounts to 21% of Norway's total access quota in Union waters of 2, 4a, 5, 6 north of 56° 30' 
N  and  7  west  of  12°  W.  This  percentage  number,  currently  set  at  18%,  should  be  amended 
accordingly.  

Fishing opportunities for capelin in Greenland waters 

The  protocol  of  the  Fisheries  Partnership  Agreement  between  the  European  Union  and 
Greenland  provides  that  the  Union  receives  7.7%  of  the  total  available  catch  for  capelin 
(Mallotus villosus) to be fished in Greenland waters of ICES subareas 5 and 14. Following the 
ICES advice of 169 520 tonnes, and in accordance with the EU-Greenland Fisheries Protocol, 
Greenland has offered on 12 June 2020 13 053 tonnes of capelin to the European Union. The 
fishing season for this TAC starts on 20 June 2020 and ends on 15 April 2021. In the Council 
Regulation (EU) 2020/123, the TAC table for capelin was set at zero for the period between 
20 June 2019 and 30 April 2020, and should therefore be amended accordingly for the period 
between 20 June 2020 and 15 April 2021.  

Consultation of the United Kingdom 

As this Regulation is to be adopted during the transition period provided for in the Agreement 
on  the  withdrawal  of  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  from  the 
European Union and the European Atomic Energy Community, the Commission will consult 
the United Kingdom in accordance with Article 130(1) of that Agreement. 

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2020/0159 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) 2020/123 as regards certain fishing opportunities in 2020 in 
Union and non-Union waters 

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) 

Council Regulation (EU) 2020/1231 fixes for 2020 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) 2020/123, 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  amendment2  to  Council  Regulation  (EU) 
2020/123,  a  provisional  TAC  was  established  to  allow  the  fishery  to  continue. 
Anchovy is a shortlived species and the scientific advice was issued on 18 June 2020. 
The  catch  limits  for  anchovy  in  ICES  subareas  9  and  10  and  in  Union  waters  of 
CECAF  division  34.1.1  should  be  amended  in  line  with  the  latest  scientific  advice 
from the International Council for the Exploration of the Sea (ICES) and set at 15 699 
tonnes.  

In  the  Agreed  Record  of  fisheries  consultations  between  the  Faroe  Islands  and  the 
European  Union  for  2020  both  parties  have  agreed  to  grant  each  other  reciprocal 
access to one another’s waters to fish for blue whiting (Micromesistius poutassou) in 
Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14, within 
the  limit  of  37  500  tonnes.  A  special  condition  in  the  TAC  table  grants  the  Union 
access  to  Faroese  waters  and  limits,  in  the  form  of  a  percentage  of  the  total  Union 
share, the amount of blue whiting that Member States can fish from their own quotas 
in  the  Faroese  waters.  This  percentage  should  represent  the  proportion  of  the  Union 
access rights of 37 500 tonnes compared to the total Union share of 326 484 tonnes of 
blue  whiting.  This  amounts  to  a  percentage  of  11.4%,  which  is  the  amount  that  the 
Member  States  can  fish  from  their  own  quotas  in  Faroese  Waters.  This  percentage, 
currently set at 7%, should be amended accordingly. 

1  

2 

Council  Regulation  (EU)  2020/123  of  27  January  2020  fixing  for  2020  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 25, 30.1.2020, p. 1). 
Council Regulation (EU) 2020/900 of 25 June 2020 amending Regulation (EU) 2019/1838 as regards 
certain  fishing  opportunities  for  2020  in  the  Baltic  Sea  and  amending  Regulation  (EU)  2020/123  as 
regards certain fishing opportunities in 2020 in Union and non-Union waters, OJ L 207, 30.6.2020, p. 
4–14 

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(4) 

(5) 

(6) 

(7) 

In  the  Agreed  Record  of  fisheries  consultations  between  Norway  and  the  European 
Union  on  ad  hoc  fisheries  arrangements  on  the  management  of  blue  whiting 
(Micromesistius  poutassou)  and  Norwegian  spring-spawning  (atlanto-scandian) 
herring  for  2020,  both  parties  are  granted  to  fish  190  809  tonnes  of  blue  whiting  in 
each  other’s  waters.  In  the  TAC  table  for  blue  whiting  allowing  Norway’s  fishing 
access in Union waters of 2, 4a, 5, 6 north of 56° 30' N and 7 west of 12° W, a special 
condition limits the catch in 4a to be no more than 40 000 tonnes (in accordance with 
the  Agreed  Record  on  fisheries  consultations  between  Norway  and  the  European 
Union  for  2020).  That  catch  limit  in  4a  amounts  to  21%  of  Norway's  total  access 
quota. This percentage number, currently set at 18%, should be amended accordingly.  

The  Fisheries  Partnership  Agreement  between  the  European  Community  on  the  one 
hand, and the Government of Denmark and the Home Rule Government of Greenland, 
on the other hand3, and the Protocol4 thereto,  provides that the Union receives 7,7% of 
the  total  available  catch  for  capelin  (Mallotus  villosus)  to  be  fished  in  Greenland 
waters of ICES subareas 5 and 14. In accordance with the Protocol, on 12 June 2020; 
Greenland  offered  13  053  tonnes  of  capelin  to  the  European  Union  to  be  fished 
between 20 June 2020 and 15 April 2021. The fishing opportunities table for capelin 
should therefore be amended accordingly.  

Regulation (EU) 2020/123 should therefore be amended accordingly. 

The catch limits provided for in Regulation (EU) 2020/123 apply from 1 January 2020 
for blue whiting in Union waters of 2, 4a, 5, 6 north of 56° 30' N and 7 west of 12° W, 
from 20 June 2020 for capelin in Greenland waters of ICES subareas of 5 and 14, and 
from  1  July  2020  for  anchovy  in  ICES  subareas  9  and  10  and  in  Union  waters  of 
CECAF  division  34.1.1.  The  provisions  introduced  by  this  Regulation  concerning 
catch  limits  should  therefore  enter  in  force  as  soon  as  possible  and  should  apply 
retroactively for blue whiting from 1 January 2020, for capelin from 20 June 2020, and 
for  anchovy  from  1  July  2020.  Such  retroactive  application  does  not  affect  the 
principles  of  legal  certainty  and  protection  of  legitimate  expectations,  as  the  fishing 
opportunities concerned have not yet been exhausted. 

(8) 

The  United  Kingdom  has  been  consulted  in  accordance  with  Article  130(1)  of  the 
Agreement on the withdrawal  of the United  Kingdom  of Great  Britain and Northern 
Ireland from the European Union and the European Atomic Energy Community,  

HAS ADOPTED THIS REGULATION: 

Article 1 

Amendment of Regulation (EU) 2020/123 

Annexes IA and IB to Regulation (EU) 2020/123 are amended as follows: 

(1) 

Annex IA is amended as follows:  

(a)  The  fishing  opportunities  table  for  anchovy  in  9  and  10  and  Union  waters  of 

CECAF division 34.1.1 is replaced by the following: 

3 
OJ L 172, 30.06.2007, p. 4. 
4 
Protocol  setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the  Fisheries 
Partnership  Agreement  between  the  European  Community  on  the  one  hand,  and  the  Government  of  Denmark 
and the Home Rule Government of Greenland, on the other hand (OJ L 305, 21.11.2015, p. 3). 

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“ 

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 

7 494 

8 175 

15 669 

(1) 

(1) 

(1) 

15 669 

(1) 

 The quota may only be fished from 1 July 2020 to 30 June 2021. 

”; 

(b) 

In the fishing opportunities table for blue whiting (Micromesistius poutassou) 
in Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14, 
footnote 1 is replaced by the following:  

“(1)  Special  condition:  within  a  total  access  quantity  of  37  500  tonnes  for  the 
Union,  Member  States  may  fish  up  to  the  following  percentage  of  their  quotas  in 
Faroese waters (WHB/*05-F.): 11.4 %.”; 

(c) 

In the fishing opportunities table for blue whiting (Micromesistius poutassou) 
in Union waters of 2, 4a, 5, 6 north of 56° 30' N and 7 west of 12° W, footnote 
2 is replaced by the following: 

“(2) Special condition: the catch in 4a shall be no more than the following amount 
(WHB/*04A-C): 40 000 

This  catch  limit  in  4a  amounts  to  the  following  percentage  of  Norway's  access 
quota: 

21%”; 

(2) 

In Annex IB, the fishing opportunities table for capelin in Greenland waters of 5 and 
14 is replaced by the following:  

“ 

Species: 

Capelin 

Zone: 

Greenland waters of 5 and 14 

Denmark 

Germany 

Sweden 

United 
Kingdom 

All  Member 
States 

Union 

Norway 

Mallotus villosus 

(CAP/514GRN) 

 2 595 

Analytical TAC 

Article 3 of Regulation (EC) No 847/96 shall not apply 

Article 4 of Regulation (EC) No 847/96 shall not apply 

  113 

  186 

  24 

  134 

 3 053 

 10 000 

(1) 

(2) 

(2) 

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TAC 

(1) 

(2) 

Not relevant 

Denmark,  Germany,  Sweden  and  the  United  Kingdom  may  access  the  "All  Member  States"  quota  only  once  they  have  exhausted  their  own  quota. 
However, Member States with more than 10% of the Union quota shall not access the "All Member States" quota at all. 

For a fishing period from 20 June 2020 to 15 April 2021.” 

”. 

Article 2 
Entry into force and application 

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

Article 1(1) point (a) shall apply from 1 July 2020, and points (b) and (c) shall apply from 1 
January 2020. 

Article 1(2) shall apply from 20 June 2020. 

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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