Proposal for a COUNCIL REGULATION amending Regulation (EU) 2022/109 fixing for 2022 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
Date: 2022-04-08
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Norway, authorised catch, catch by species, catch quota, conservation of fish stocks, fishing area, fishing rights, sea fish, sea fishing, ship's flag

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   EUROPEAN COMMISSION  Brussels, 8.4.2022  COM(2022) 165 final 2022/0108 (NLE)  Proposal for a COUNCIL REGULATION amending Regulation (EU) 2022/109 fixing for 2022 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  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Given  that,  in  March  2022,  discussions  between  the  Union  and  Norway  on  equal  and  non-
discriminatory  access  to  Spitzbergen  (Svalbard)  waters  for  Union  fleets  fishing  for  cod 
(Gadus  morhua)  were  ongoing,  the  Council  extended  the  period  of  application  of  the 
provisional Union quota of 4 500 tonnes for cod in Svalbard waters and international waters 
of  ICES  subarea  1  and  division  2b  from  31  March  until  30  April  2022  (Regulation  (EU) 
2022/[…1]).  Norway  also extended the period of application of the provisional Union quota 
for cod in Svalbard waters until 30 April 2022. 

Discussions  between  the  Union  and  Norway  on  equal  and  non-discriminatory  access  to 
Svalbard  waters  for  Union  fleets  fishing  for  cod  are  still  ongoing.  Pending  the  outcome  of 
those discussions, the Commission proposes that the Council fix the Union quota for cod in 
Svalbard waters and international waters of ICES subarea 1 and division 2b, before the expiry 
of the extended period of application of the provisional Union quota on  30 April 2022. The 
fishing opportunities for  cod in  Svalbard waters  and international  waters of  ICES subarea 1 
and division 2b are marked pm (pro memoria) pending the outcome of those discussions. As 
soon as the outcome of those discussions is known, a Commission services non-paper setting 
out the relevant fishing opportunities will be submitted to the Council. 

• 

Consistency with existing policy provisions in the policy area 

The  measures  proposed  are  consistent  with  the  objectives  and  rules  of  the  CFP  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 the 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.  

• 

Subsidiarity (for non-exclusive competence)  

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 

The  proposal  allocates  fishing  opportunities  to  Member  States  in  accordance  with  the 
objectives of Regulation (EU) No 1380/20132. Pursuant to Articles 16 and 17 of Regulation 
(EU) No 1380/2013, Member States are to decide how the fishing opportunities allocated to 

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Council Regulation (EU) 2022/[…] 
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 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 (OJ L 354, 28.12.2013, p. 22–61). 

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them may be allocated to vessels flying their flag in accordance with certain criteria for the 
allocation  of  fishing  opportunities.  Therefore,  Member  States  have  the  necessary  margin  of 
discretion to exercise while distributing the allocated total allowable catch (TAC) covered by 
the proposal relating to the social/economic model of their choice. 

The proposal has no new financial implications for Member States. The Council sets fishing 
opportunities  every  year  and  the  public  and  private  means  to  implement  it  are  already  in 
place. 

• 

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 

During  the  discussions  with  Norway  on  equal  and  non-discriminatory  access  to  Svalbard 
waters  for  Union  fleets  fishing  for  cod,  the  Commission  has  informed  and  consulted  with 
stakeholders,  in  particular  with  fishing  industry  representatives  and  with  the  Long  Distance 
Fleet  Advisory Council. The Commission has also maintained regular contact with  Member 
States’  administrations  through  technical  meetings  and  through  meetings  of  the  Council 
working party on fisheries policy.  

• 

Collection and use of expertise 

The proposal will be based on the available scientific advice of the International Council for 
the Exploration of the Sea (ICES) and discussions with the parties concerned. 

• 

Impact assessment 

Any elements that are relevant to assessing possible impacts of the fishing opportunities  covered 
by  the  proposal  have  been  dealt  with  in  the  preparation  and  conduct  of  the  discussions  with 
Norway. 

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

Not applicable. 

4. 

BUDGETARY IMPLICATIONS 

The proposed measures will have no budgetary implications. 

5. 

OTHER ELEMENTS 

The Treaty of 9 February 1920 relating to Spitsbergen (Svalbard) (‘the 1920 Treaty of Paris’) 
grants equal and non-discriminatory access to resources around Svalbard for all parties to that 
treaty, including with respect to fishing.  

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In December 2020, Norway established a Union quota for cod in Svalbard waters for 2021 in 
Norwegian legislation that was significantly lower (6 760 tonnes lower) than the Union quota 
established  in  December  2020  by  the  Council  for  cod  in  Svalbard  waters  and  international 
waters of ICES subarea 1 and division 2b for 2021 (Regulation (EU) 2021/923).  

The  Commission  has  engaged,  and  continues  to  engage,  with  Norway  throughout  2021  and 
2022, on this issue. 

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Council  Regulation  (EU)  2021/92  of  28  January  2021  fixing  for  2021  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 31, 29.1.2021, p. 31–192). 

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2022/0108 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) 2022/109 fixing for 2022 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 

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) 

(6) 

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Council Regulation (EU) 2022/1091 fixed for 2022 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.  

Council  Regulation  (EU)  2022/109  established  for  the  first  quarter  of  2022  a 
provisional  Union  quota  of  4  500  tonnes  for  Union  fleets  fishing  for  cod  (Gadus 
morhua) in Spitzbergen (Svalbard) waters and international waters of ICES subarea 1 
and  division  2b.  Council  Regulation  (EU)  2022/[…2]  extended  the  period  of 
application of that Union quota of 4 500 tonnes to 30 April 2022. 

A Union quota for cod in Svalbard waters and international waters of ICES subarea 1 
and  division  2b  should  be  set  before  the  extended  period  of  application  of  the 
provisional Union quota expires on 30 April 2022. That Union quota should be set in 
line  with  the  outcome  of  discussions  between  the  Union  and  Norway  on  equal  and 
non-discriminatory access to Svalbard waters for Union fleets fishing for cod. 

Any  quotas  should  be  allocated  to  the  Member  States  in  accordance  with  Council 
Decision  87/277/EEC3,  Poland’s  share  of  the  Union  quota  and  subject  to  the 
adaptations necessary due to the withdrawal of the United Kingdom from the Union. 

Regulation (EU) 2022/109 should therefore be amended accordingly. 

The  catch  limits  provided  for  in  Regulation  (EU)  2022/109  apply  from  1  January 
2022.  The  provisions  introduced  by  this  Regulation  concerning  catch  limits  should 
therefore  also  apply  from  that  date.  Such  retroactive  application  does  not  affect  the 
principles  of  legal  certainty  and  protection  of  legitimate  expectations,  as  the  fishing 
opportunities concerned are increased. For reasons of urgency, this Regulation should 

Council  Regulation  (EU)  2022/109  of  27  January  2022  fixing  for  2022  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 21, 31.1.2022, p. 1–164). 
Council Regulation (EU) 2022/[…] 
Council Decision 87/277/EEC of 18 May 1987 on the allocation of the catch possibilities for cod in the 
Spitsbergen and Bear Island area and in Division 3M as defined in the NAFO Convention (OJ L 135, 
23.5.1987, p. 29). 

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enter into force on the day following that of its publication in the Official Journal of 
the European Union, 

HAS ADOPTED THIS REGULATION: 

Article 1 
Amendment of Regulation (EU) 2022/109 

Regulation (EU) 2022/109 is amended as follows:  

In Annex IB, the fourth table is replaced by the following: 

‘ 

Species: 

Germany 
Spain 
France 
Poland 
Portugal 
Other 
Member 
States 
Union 

TAC 
(1) 

(2) 

(3) 

Cod 
Gadus morhua 

Zone: 

1 and 2b 
(COD/1/2B.) 

Analytical TAC 
Article 3 of Regulation (EC) No 847/96 shall not apply 
Article 4 of Regulation (EC) No 847/96 shall not apply 

pm 
pm 
pm 
pm 
pm 
pm 

(1)(2) 
(1)(2) 
(1)(2) 
(1)(2) 
(1)(2) 
(1)(2)(3) 

pm 

(1)(2) 

Not relevant 

The allocation of the share of the cod stock available to the Union in the zone Spitzbergen and Bear Island and 
the associated by-catches of haddock are entirely without prejudice to the rights and obligations deriving from 
the 1920 Treaty of Paris. 
By-catches of haddock may represent up to 14 % per haul. The by-catch quantities of haddock are in addition 
to the quota for cod. 
Except Germany, Spain, France, Poland and Portugal. Catches to be counted against this shared quota shall be 
reported separately (COD/1/2B_AMS). 

’ 

Article 2 

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 2022. 

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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