COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Guidelines for the analysis of the balance between fishing capacity and fishing opportunities for fleet segments consisting of vessels of less than 12 metres in length in the outermost regions according to Article 22 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy
Date: 2024-05-21
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU Member State, catch quota, conservation of fish stocks, disclosure of information, fishing fleet, peripheral region, vessel

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 21.5.2024  COM(2024) 223 final  COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Guidelines for the analysis of the balance between fishing capacity and fishing opportunities for fleet segments consisting of vessels of less than 12 metres in length in the outermost regions according to Article 22 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy  
 
 
1. INTRODUCTION 

The European Union has nine outermost regions, located far away from the European continent 
in  the  Atlantic  and  Indian  oceans,  the  Caribbean  Sea,  and  Latin  America:  French  Guiana, 
Guadeloupe, Martinique, Mayotte, Réunion and Saint-Martin (France); Azores and Madeira 
(Portugal); Canary Islands (Spain).  

Article 349 of the Treaty on the Functioning of the European Union (TFEU) recognises the 
special  characteristics  and  constraints  of  these  outermost  regions.  This  includes  their 
remoteness, insularity, small size, difficult topography and climate, and economic dependence 
on a small number of sectors, including fisheries and provides for specific measures in Union 
legislation and policies to help them address these challenges. 

In 2022, the Commission adopted a communication for the Union's outermost regions1, setting 
out a new strategy for these regions, which shows the Commission's commitment to reflecting 
their specific characteristics in proposals for Union legislation and policies. 

By comparison with the Union fishing fleet as a whole, the number of vessels in the fishing 
fleet of the outermost regions is small. The nature of the fish stocks targeted from the outermost 
regions is in many cases different from and more varied than those targeted by the fishing fleet 
of the rest of the Union. Catch composition by the largely artisanal fishery can be highly varied 
and multi-species in its nature. There is comparatively less data available on a wider variety of 
stocks, and comparatively fewer stock assessments are conducted. The situation is compounded 
in many cases by the nature of the fishing vessels, which are among the smallest in the Union 
and, due to their age, and additional safety and security concerns in some outermost regions, 
are often not as well equipped as other vessels to capture data on their fishing activities,  data 
which is required for  the Member States to prepare their annual national report on the balance 
between the fishing capacity of their fleets and their fishing opportunities. The report should 
be prepared in accordance with the Guidelines for the analysis of the balance between fishing 
capacity  and  fishing  opportunities  adopted  by  the  Commission  under  Article  22(2)  of 
Regulation (EU) No 1380/2013 of the European Parliament and the Council on the Common 
Fisheries Policy2 (hereinafter ‘COM (2014) 545 final’). Furthermore, in order to capture the 
diverse nature of the fishing activities by the outermost regions’ fleets, an increased level of 
fleet  sub-segmentation  may  be  required,  beyond  what  is  set  out  in  the  Data  Collection 
Framework (DCF)3.  

The above range of considerations  makes  it impossible in  many cases to conduct a balance 
assessment for these fleets in accordance with COM (2014) 545 final.  

1 COM(2022) 198 final 

2 COM (2014) 545 final 

3  Council  Regulation  (EC)  No  199/2008 of  25  February  2008,  concerning  the  establishment  of  a  Community 
framework for the collection, management and use of data in the fisheries sector and support for scientific advice 
regarding the Common Fisheries Policy, OJ L 60, 5.3.2008. 

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Taking into account all those aspects described above that differ significantly from those of the 
rest of the Union, including the structural constraints of the outermost regions, the specifities 
of vessels and fisheries, the availability of data, the geopolitical and securtiy situation in some 
outermost regions, and  multispecies fisheries and their artisanal nature, and in line with the 
Communication  of  2022  on  outermost  regions2,  this  Communication  establishes  specific 
guidelines for the assessment of balance in fleet segments consisting of vessels of less than 12 
metres in length in the outermost regions by supplementing specific elements of COM (2014) 
545 final in respect of those fleet segments.  

The balance assessment for those fleet segments in the outermost regions should remain based 
on  the  biological,  economic  and  vessel  use  indicators  set  out  in  COM  (2014)  545  final. 
Specifically,  both  biological  indicators  (SHI  and  SAR),  both  economic  indicators  (RoI, 
CR/BER),  and  one  of  the  vessel  use  indicators  (either  VUR,  VUR220,  or  a  Member  State 
defined VURnn) should be in balance.  

However,  this  Communication  provides  alternative  methods  which  the  Member  States 
concerned may apply for the preparation of certain indicators for fleet segments consisting of 
vessels of less than 12 metres in length in the outermost regions. These alternative methods are 
based on an elaboration of COM (2014) 545 final, and take into account (1) additional scientific 
analysis and recommendations provided by the Scientific, Technical and Economic Committee 
for Fisheries (STECF) in relation to Member States’ annual fleet reports, and (2) information 
specific to the outermost regions, as provided by the Member States concerned4.  

In  all  cases,  including  when  applying  these  guidelines,  Member  States  should  present  all 
necessary data and explanations to justify their choices and to allow for further analysis and 
scrutiny by the STECF as necessary. 

2. ALTERNATIVE METHODS FOR FLEET SEGMENTS CONSISTING OF VESSELS OF LESS THAN 12 
METRES IN LENGTH IN THE OUTERMOST REGIONS 

COM(2014)545 final applies to all vessel segments as a basic rule.  

The  guidelines  in  this  Communication  introduce  alternative  methods  for  fleet  segments 
consisting  of  vessels  of  less  than  12  metres  in  length  in  the  outermost  regions  that  may  be 
applied for the preparation of data parameters, biological indicators, vessel use indicators and 
additional indicators, as set out below. 

The Member States may prepare their fleet report on the basis of any of the alternative methods 
set out in this Communication for the fleet segments concerned, only if they justify the need to 
do so in the light of the specific situation of the fleet segment  concerned and the particular 
constraints that segment is under, due to its location in an outermost region. The explanations 
should be provided in annex to the fleet report. 

4 In particular STECF PLEN 24-01 

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2.1 Data parameters and fleet segmentation 

In order to have standardised analyses, to facilitate comparisons and to avoid duplication of 
work,  in  accordance  with  COM(2014)  545  final,  data  parameters  should  be  calculated 
according to data collected under the DCF.  

For vessels of less than 12 metres in length in the outermost regions, indicator calculation may 
be further disaggregated by sub-segmentation at the most appropriate level5. In cases in which 
a  sub-segmentation  is  provided,  this  should  be  in  addition  to  the  DCF,  not  in  replacement. 
Furthermore, all supporting data for the calculations in the fleet report should also be provided 
in annex to the fleeet report according to the same, uniform sub-segmentation.  

2.2 Biological indicators 

In line with COM(2014) 545 final, both biological indicators (sustainable harvest indicator and 
stocks at risk indicator) should be in balance as part of demonstrating the balance of a fleet 
segment.  

2.2.1 Sustainable harvest indicator 

For fleet segments concerning vessels of less than 12 metres in length in the outermost regions, 
the  calculation  for  the  sustainable  harvest  indicator  (SHI)  as  explained  in  section  10.1  of 
COM(2014)545 final may be simplified in one of the following ways: 

•  F and Fmsy values may be derived, in order of priority, from: (a) national assessments 
subjected to peer review, where the peer reviews are either publicly accessible or are 
provided as an annex to the fleet report; (b) national assessments not (yet) subjected to 
peer review, where the national assessments are provided as an annex to the fleet report, 
for peer review ; 

• 

the indicator may be presented together with the actual coverage percentage and the 
number of stocks used to compute the value; 

•  estimates of F and Fmsy from one or more representative target species in the fishery 
can be used; in this context, assessments based on the productivity of species groupings 
may also be presented and used. 

Regardless  of  the  simplification  applied  by  the  Member  State,  all  necessary  data  should  be 
provided in annex to the fleet report to allow for further scrutiny by the STECF. 

5 Member States should make best use of the economic data call’s submission form columns ACTIVITY, 
GEAR or FISHERY 

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2.2.2 Stocks at risk indicator 

In line with COM (2014) 545 final, for the calculation of the stocks at risk (SAR) indicator, 
Member  States  should  count  the  number  of  stocks  currently  assessed  as  being  at  “high 
biological risk” that are exploited by the fleet segment in question.  

Based on STECF advice, it is considered that the threshold values established in COM (2014) 
545 final, which define whether stock(s) at risk are “exploited by” the fleet in question, could 
be modified6. Pending further assessment by the STECF and considering the special situation 
of fleet segments consisting of vessels of less than 12 metres in length in the outermost regions, 
an alternative threshold could be set in the future for those fleet segments.  

In the meantime, considering, on the one hand, the conclusions of the STECF on the threshold 
value for the SAR6 and, on the other hand, the special situation of fleet segments consisting of 
vessels of less than 12 metres in length in the outermost regions, it is appropriate to enable the 
Member States to use, on a temporary basis, an alternative threshold. 

Therefore, based on the available technical information on the application of the SAR indicator 
in  fisheries  of  the  outermost  regions,  Member  States  may  consider,  for  fleet  segments 
consisting of vessels of less than 12 metres in length in the outermost regions,  that a stock at 
risk is “exploited by” a fleet segment if the stock makes up more than 20% of the catches of 
the  fleet  segment,  or  if  the  fleet  segment  takes  more  than  10%  of  the  catches  of  the  stock. 
Member States should submit detailed data and explanations of the calculations applied as well 
as as the scientific reasons for the application of this alternative threshold value in an annex to 
the fleet report for further scrutiny by the STECF.  

2.3  Vessel utilisation indicator 

In line with COM (2014) 545 final,  the vessel utilisation indicator is the average, for each fleet 
segment, of the ratio of the effort actually deployed to the maximum effort that could be exerted 
by the fleet. 

Member States should have the possibility to  use a version of this indicator that is based on 
theoretical,  rather than actual, maximum activity level.  This  value should be determined by 
each Member State using an expert judgement and available information, taking into account. 
natural,  technical  and  social  conditions.  This  possibility  is  afforded  to  the  Member  States 
because the observed maximum number of days at sea within a fleet segment for each reference 
year  could  be  limited  by  external  factors,  so  this  number  may  not  reflect  the  true  technical 
capacity of this fleet. Examples of external factors can be economic, environmental and social, 
as  defined  under  section  12.2  of  COM(2014)  545  final.  As  observed  in  Section  1,  fleet 
segments consisting of vessels of less than 12 metres in length in the outermost regions are 
particularly exposed to such external factors.  

6 STECF PLEN 24-01 

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Where Member States can justify the use of this version of the indicator as set out in section 
12.2 of COM(2014) 545 final, this may be reflected in the choice of indicator VURnn. The 
grounds for the choice of nn should be provided along with all data required for the calculations 
in an annex to the fleet report. 

2.4 Additional indicators 

For  fleet  segments  consisting  of  vessels  of  less  than  12  metres  in  length  in  the  outermost 
regions, the Number of Overexploited Stocks (NOS) indicator and the Economic Dependency 
Indicator (EDI) may be provided as additional biological indicators and calculated according 
to STECF advice7.  

Social indicators that can help illustrate the wider socio economic conditions in which the fleet 
operates may also be presented. This gives Member States an opportunity to provide additional 
illustrations of the situation of their fleet segments, consisting of the smallest and potentially 
most vulnerable vessels and businesses.  

These additional indicators are not considered as alternative indicators and do not form part of 
the fleet balance calculation. 

3. FINAL CONSIDERATIONS 

These  guidelines,  specific  to  fleet  segments  consisting  of  vessels  of  less  than  12  metres  in 
length in the outermost regions, will remain applicable pending the provision of further advice 
by the STECF on the indicators employed in the fleet-balance calculation and their appropriate 
thresholds,  in  particular  from  the  STECF  Expert  Working  Group  on  the  outermost  regions. 
They may in any case not be applied after the preparation of Member States’ fleet reports due 
by 31 May 2025. 

7 For the calculation of these indicators, please consult STECF reports STECF-PLEN-24-01 and STECF-15-02 
pp 76-78, taking n=10% 

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