CELEX: 52020PC0792
Language: en
Date: 2020-12-04
Title: Proposal for a COUNCIL REGULATION amending Regulation (EU) 2020/123 as regards fishing opportunities for Norway pout in 2020

EUROPEAN COMMISSION
            Brussels, 4.12.2020
            COM(2020) 792 final
            2020/0351(NLE)
            Proposal for a
            COUNCIL REGULATION
            amending Regulation (EU) 2020/123 as regards fishing opportunities for Norway pout in 2020
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               As every year, the Council in October set a preliminary TAC for the Norway pout fishery which begins on 1 November. This year, however, the preliminary TAC only covers the period 1 November 2020 to 31 December 2020 pending the outcome of consultations with non-EU countries. Recent information indicates that the TAC level set is insufficient and should therefore be adjusted.  
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               
                  The proposal establishes quotas at the levels consistent with the objectives of Regulation (EU) No 1380/2013. 
               
            
            
               •Consistency with other Union policies
            
            
               The proposed measures are in accordance with the objectives and rules of the Common Fisheries Policy and are consistent with the Union’s policy on sustainable development.
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               •Legal basis
            
            
               Article 43(3) of the Treaty on the Functioning of the European Union (TFEU).
            
            
               •Subsidiarity (for non-exclusive competence) 
            
            
               The proposal falls under the Union’s exclusive competence as referred to in Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply.
            
            
               •Proportionality
            
            
               The proposal complies with the proportionality principle for the following reasons.
            
            
               The Common Fisheries Policy is a common policy. According to Article 43(3) TFEU it is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities.
            
            
               •Choice of instrument
            
            
               Proposed instrument: Regulation.
            
            
               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
         
         
            
               •Stakeholder consultations
            
            
               The Proposal takes into account the feedback from the stakeholders, Advisory Councils, the national administrations, fishermen organisations and non-governmental organisations. 
            
            
               •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.
               
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               The proposal has no implications for the EU budget.
            
            
               5.OTHER ELEMENTS
            
            
               •Implementation plans and monitoring, evaluation and reporting arrangements
            
            
               
                  The monitoring of the use of fishing opportunities in the form of TACs and quotas was established by Council Regulation (EC) No 1224/2009.
               
            
            
               •Detailed explanation of the specific provision of the proposal
            
            
               The proposed amendment seeks to modify Council Regulation (EU) 2020/123 in order to adjust the preliminary TAC set via Regulation (EU) 2020/1579 for Norway pout for the period covering 1 November 2020 to 31 December 2020. 
            
            
               The TAC for Norway pout is set in the fishing opportunities regulation covering the Atlantic and the North Sea. However, as the fishery runs from 1 November to 31 October of the following year, for reasons of timing a preliminary TAC is set by the regulation fixing fishing opportunities for the Baltic Sea which is adopted in October. The TAC is subsequently adjusted when the fishing opportunities regulation covering the Atlantic and the North Sea is adopted, which also allows to integrate the possible elements resulting from the EU consultations with Norway. 
            
            
               A preliminary TAC for Norway pout was hence set in  Council Regulation (EU) 2020/1579 of 29 Ocotber 2020 fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2020/123 as regards certain fishing opportunities in other waters. Based on the latest best available scientific advice by the International Council for the Exploration of the Sea (ICES), the Union TAC for Norway pout for 12 months would be in the range of 140.000 tonnes. This year however, the preliminary TAC for Norway pout was set at 30.000 tonnes to cover only the period from 1 November 2020 to 31 December 2020 pending the outcome of consultations with non-EU countries. 
            
            
               In the meantime, however, recent information provided by Denmark, which is the almost exlusive quota shareholder in the Norway pout fishery, indicates that the preliminary TAC is insufficient in view of the expected fishing activity until year-end. The main fishing season stretches from September to January depending on the years, with a peak from October to December. The latest fishing data submitted shows catches of about 3.700 tonnes in September and over 21.000 tonnes in October. Denmark expects the level of catches in November and December to be at least similar to those of October. The TAC for Norway pout fixed in Council Regulation (EU) 2020/123 should therefore be increased in order to allow the fishery to continue operating until year end while fully respecting the ICES catch advice.
            
            
               •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.
            
         
         
            
               2020/0351 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL REGULATION
            
            
               amending Regulation (EU) 2020/123 as regards fishing opportunities for Norway pout in 2020
            
            
               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)Council Regulation (EU) 2020/123
                  1
                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. Amongst others, it fixed fishing opportunities until 31 October 2020 for Norway pout and associated by-catches in the waters of the International Counncil for the Exploration of the Sea (ICES) division 3a and Union waters of ICES division 2a and ICES subarea 4. 
            
            
               (2)Council Regulation (EU) 2020/1579
                  2
               , amongst others, amended Regulation (EU) 2020/123to set preliminary fishing opportunities covering the period from 1 November 2020 to 31 December 2020 for the above mentioned fishery.
            
            
               (3)As those preliminary fishing opportunities cover only two months of the fishing year, they were set far below the catch advice provided by ICES.
            
            
               (4)The fishing season for Norway pout usually extends from September to January with a peak from October to December. The most recent catch data submitted to the Commission indicates that over 21.000 tonnes of Norway pout were caught in October. Extrapolating these numbers according to the historical catch patterns of the Norway pout fishery indicates that those preliminary fishing opportunities are very likley not to be sufficient to cover the fishing activity until year end. It is therefore appropriate to adjust those preliminary fishing opportunities according to the most recent estimates, while staying fully in line with the ICES advice. 
            
            
               (5)Regulation (EU) 2020/123 should therefore be amended accordingly.
            
            
               (6)As those prelminiary fishing opportunities cover the period until 31 December 2020, this Regulation should enter into force immediately after its publication.
            
            
               (7)The United Kingdom was 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 to Regulation (EU) 2020/123 
            
            
               Regulation (EU) 2020/123 is amended in accordance with the Annex to this Regulation.
            
            
               Article 2 
               Entry into force and period of application
            
            
               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 until 31 December 2020.
            
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        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).
               
               
                  
                     (2)
                  
                        Council Regulation (EU) 2020/1579 of 29 October 2020 fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2020/123 as regards certain fishing opportunities in other waters (OJ L 362, 30.10.2020, p. 3).
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 4.12.2020
            COM(2020) 792 final
            ANNEX
            to the 
            Proposal for a Council Regulation
            amending Regulation (EU) 2020/123 as regards fishing opportunities for Norway pout in 2020
            
               
         
         
            
               ANNEX 
            
            
               In Annex IA to Regulation (EU) 2020/123, the table relating to the species: ‘Norway pout and associated by-catches’ in ‘ICES zone 3a and Union waters of 2a and 4’ is replaced by the following:
            
            
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        ” Species:
                     
                  
                  
                     
                        Norway pout and associated by-catches
                     
                     
                         
                     
                  
                  
                     
                        Zone:
                     
                  
                  
                     
                        3a; Union waters of 2a and 4
                     
                  
               
                     
                         
                     
                  
                  
                     
                        Trisopterus esmarkii
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
                  
                     
                        (NOP/2A3A4.)
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
               
                     
                        Period
                     
                  
                  
                     
                        1/11/2019 – 31/10/2020
                     
                  
                  
                     
                  
                  
                     
                        1/11/2020 – 31/12/2020
                     
                  
                  
                     
                  
                  
                     
                         
                     
                  
                  
                     
                        Analytical TAC
                     
                     
                         
                     
                     
                         
                     
                  
                  
                     
                         
                     
                  
               
                     
                        Denmark
                     
                  
                  
                     
                        72 433
                     
                  
                  
                     
                        (*)(***)
                     
                  
                  
                     
                        49 953
                     
                  
                  
                     
                        (*)(******)
                     
                  
                  
                     
                  
                  
                     
                        Article 3 of Regulation (EC) No 847/96 shall not apply
                     
                  
               
                     
                        Germany
                     
                  
                  
                     
                        14
                     
                  
                  
                     
                        (*)(**)(***)
                     
                  
                  
                     
                        10
                     
                  
                  
                     
                        (*)(**)(******)
                     
                  
                  
                     
                  
                  
                     
                        Article 4 of Regulation (EC) No 847/96 shall not apply
                     
                  
               
                     
                        The Netherlands
                     
                  
                  
                     
                        53
                     
                  
                  
                     
                        (*)(**)(***)
                     
                  
                  
                     
                        37
                     
                  
                  
                     
                        (*)(**)(******)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Union
                     
                  
                  
                     
                        72 500
                     
                  
                  
                     
                        (*)(***)
                     
                  
                  
                     
                        50 000
                     
                  
                  
                     
                        (*)(******)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Norway
                     
                  
                  
                     
                        14 500
                     
                  
                  
                     
                        (****)
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Faroe Islands
                     
                  
                  
                     
                        5 000
                     
                  
                  
                     
                        (*****)
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        TAC
                     
                     
                  
                  
                     
                        Not relevant 
                     
                  
                  
                     
                  
                  
                     
                        Not relevant
                     
                     
                  
                  
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
               
                     
                        (*)
                     
                  
                  
                     
                        Up to 5 % of the quota may consist of by-catches of haddock and whiting (OT2/*2A3A4). By-catches of haddock and whiting counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9% of the quota.
                     
                  
               
                     
                        (**)
                     
                  
                  
                     
                        Quota may be fished in Union waters of ICES zones 2a, 3a and 4 only.
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        (***)
                     
                  
                  
                     
                        Union quota may only be fished from 1 November 2019 to 31 October 2020.
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        (****)
                     
                  
                  
                     
                        A sorting grid shall be used.
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        (*****)
                     
                  
                  
                     
                        A sorting grid shall be used. Includes a maximum of 15 % of unavoidable by-catches (NOP/*2A3A4), to be counted against this quota.
                     
                  
                  
                     
                  
               
                     
                        (******)
                     
                  
                  
                     
                        Union quota may be fished from 1 November 2020 to 31 December 2020.”