CELEX: 52021PC0280
Language: en
Date: 2021-06-02
Title: Proposal for a COUNCIL REGULATION amending Regulation (EU) 2021/92 as regards certain fishing opportunities for 2021 in Union and non-Union waters.

EUROPEAN COMMISSION
            Brussels, 2.6.2021
            COM(2021) 280 final
            2021/0135(NLE)
            Proposal for a
            COUNCIL REGULATION 
            amending Regulation (EU) 2021/92 as regards certain fishing opportunities for 2021 in Union and non-Union waters.
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               Council Regulation (EU) No 2021/92 fixing for 2021 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 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy (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 because 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 OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
         
         
            
               •Ex-post evaluations/fitness checks of existing legislation
            
            
               
                  Not applicable
               
            
            
               •Stakeholder consultations
            
            
               
                  The proposal takes into account feedback from stakeholders, Advisory Councils, 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.
               
            
            
               •Fundamental rights
            
            
               
                  Not applicable.
               
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               
                  The proposal will have no budgetary implications.
               
            
            
               5.OTHER ELEMENTS
            
            
               •Detailed explanation of the specific provisions of the proposal
            
            
               The proposal seeks to modify Council Regulation (EU) 2021/92 as described below.
            
            
               Sprat in the Kattegat/Skagerrak, Norwegian and North Sea 
            
            
               Sprat (Sprattus sprattus) is a short-lived species hence the fishing opportunies should be set quickly after the publication of the ICES advice so as to allow the fishery to start. Since April 2019, ICES issues a single piece of advice for sprat in ICES division 3a (Kattegat/Skargerrak) on the one hand, and for sprat in ICES devision 2a (Norwegian Sea) and ICES subarea 4 (North Sea) on the other hand, as they are considered to be a single biological stock, although their management continues to be split into two management areas. ICES published its annual scientific advice for the stock on 13 April 2021, while the fishery will start on 1st July 2021. According to that advice, total catches of sprat should be no more than 106 715 tonnes for the period from 1 July 2021 to June 2022 in the areas concerned.  Council Regulation 2021/92 sets the total allowable catch (TAC) limits in both management areas at zero for the period from 1 July 2021 to 30 June 2022. Therefore, catches of sprat in those management areas should be amended in line with the latest scientific advice from ICES, after the consultations with the United Kingdom and Norway.
            
            
               Anchovy in subareas 9 and 10
            
         
         
            
               The TAC for anchovy (Engraulis encrasicolus) in ICES subareas 9 and 10 and Union waters of the Fishery Committee for the Eastern Central Atlantic (CECAF) 34.1.1 for the period from 1 July 2021 to 30 June 2022 has been set at zero, pending the scientific advice for that period. ICES will issue its advice for this stock only at the end of June 2021. In order to ensure that fishing activity may continue until the TAC is set on the basis of the latest scientific advice, a provisional TAC of 5 744 tonnes, based on the catches in the third quarter of 2020, should be established. The TAC will then be amended, in line with the ICES scientific advice.
            
            
               
            
            
               2021/0135 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL REGULATION
            
            
               amending Regulation (EU) 2021/92 as regards certain fishing opportunities for 2021 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)Council Regulation (EU) 2021/92
                  1
                fixes for 2021 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.
            
            
               (2)Regulation (EU) 2021/92 set at zero the total allowable catch (‘TAC’) for sprat in ICES division 3a (Kattegat/Skagerrak), in ICES division 2a (Norwegian Sea) and ICES subarea 4 (North Sea), pending the publication of the relevant scientific advice provided by the International Council for the Exploration of the Sea (‘ICES’). The latest maximum sustainable yield advice from ICES became available on 13 April 2021. According to that ICES advice, total catches of sprat should be no more than 106 715 tonnes for the period from 1 July 2021 to 30 June 2022 in the areas concerned.  Sprat is a short lived species and the relevant fishery therefore starts on 1 July shortly after the publication of the scientific advice. The currently applicable catch limits for sprat in ICES division 3a, and in ICES division 2a and ICES subarea 4 should therefore be adapted in accordance with that advice from ICES, and after the pending consultations with Norway and the United Kingdom.
            
            
               (3)Regulation (EU) 2021/92 set at zero the TAC for anchovy (Engraulis encrasicolus) in ICES subareas 9 and 10 and Union waters of the Fishery Committee for the Eastern Central Atlantic 34.1.1 for the period from 1 July 2021 to 30 June 2022, pending the scientific advice for that period. ICES will issue its advice for that stock at the end of June 2021. In order to ensure that fishing activity may continue until the TAC is set on the basis of the latest scientific advice, a provisional TAC of 5 744 tonnes, based on the catches in the third quarter of 2020, should be established.
            
            
               (4)This Regulation should enter into force the day after its publication in view of the urgency to start the fishing season for sprat and anchovy in time on 1 July 2021,
            
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
               Amendment of Regulation (EU) 2021/92
            
            
               Regulation (EU) 2021/92 is amended in accordance with the Annex to this Regulation.
            
            
         
         
            
               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.
            
            
               It shall apply from 1 July 2021. 
            
            
               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) 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 of 29.1.2021, p. 31).
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 2.6.2021
            COM(2021) 280 final
            ANNEX 
            to the
            Proposal for a COUNCIL REGULATION 
            amending Regulation (EU) 2021/92 as regards certain fishing opportunities for 2021 in Union and non-Union waters
            
               
         
         
            
               ANNEX
            
            
               Annex IA to Regulation (EU) 2021/92 is amended as follows:
            
            
               (1) the table for fishing opportunities for sprat and associated by-catches in Union waters of  ICES division 3a is replaced by the following :
            
            
               “
            
            
                     
                        Species:
                     
                  
                  
                     
                        Sprat and associated by-catches
                     
                  
                  
                     
                        Zone:
                     
                  
                  
                     
                        3a
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
               
                     
                         
                     
                  
                  
                     
                        Sprattus sprattus
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
                  
                     
                        (SPR/03A.)
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
               
                     
                        Denmark
                     
                  
                  
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(2)
                     
                  
                  
                     
                        Analytical TAC
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
               
                     
                        Germany
                     
                  
                  
                     
                  
                  
                     
                         pm
                     
                  
                  
                     
                        (1)(2)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Sweden
                     
                  
                  
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(2)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Union
                     
                  
                  
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(2)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        TAC
                     
                  
                  
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (2)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        (1)
                     
                  
                  
                     
                        Up to 5 % of the quota may consist of by-catches of whiting and haddock (OTH/*03A.). By-catches of whiting and haddock 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.
                     
                  
               
                     
                        (2)
                     
                  
                  
                     
                        This quota may only be fished from 1 July 2021 to 30 June 2022.
                     
                  
               
               ”;
            
            
               (2) the table for fishing opportunities for sprat and associated by-catches in Union waters of ICES division 2a and ICES subarea 4 is replaced by the following:
            
            
               “
            
            
                     
                        Species:
                     
                  
                  
                     
                        Sprat and associated by-catches
                     
                  
                  
                     
                        Zone:
                     
                  
                  
                     
                        Union waters of 2a and 4
                     
                  
                  
                     
                         
                     
                  
               
                     
                         
                     
                  
                  
                     
                        Sprattus sprattus
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
                  
                     
                        (SPR/2AC4-C)
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
               
                     
                        Belgium
                     
                  
                  
                     
                         
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(2)
                     
                  
                  
                     
                        Analytical TAC
                     
                  
                  
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
               
                     
                        Denmark
                     
                  
                  
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(2)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Germany
                     
                  
                  
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(2)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        France
                     
                  
                  
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(2)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        The Netherlands
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(2)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Sweden
                     
                  
                  
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(2)(3)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Union
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(2)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Norway
                     
                  
                  
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Faroe Islands
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(4)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        United Kingdom
                     
                  
                  
                     
                        pm
                     
                  
                  
                     
                        (1)(2)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        TAC
                     
                  
                  
                     
                  
                  
                     
                         pm
                     
                  
                  
                     
                        (1)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        (1)
                     
                  
                  
                     
                        The quota may only be fished from 1 July 2021 to 30 June 2022.
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        (2)
                     
                  
                  
                     
                        Up to 2 % of the quota may consist of by-catches of whiting (OTH/ *2AC4C). By-catches of 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.
                     
                  
               
                     
                        (3)
                     
                  
                  
                     
                        Including sandeel.
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        (4)
                     
                  
                  
                     
                        May contain up to 4% of by-catch of herring.
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
               
               ”;
            
            
               (3) the table for fishing opportunities for anchovy in 9 and 10 and Union waters of CECAF division 34.1.1 is replaced by the following:
            
            
               “
            
            
                     
                         Species:
                     
                  
                  
                     
                        Anchovy
                     
                  
                  
                     
                        Zone:
                     
                  
                  
                     
                        9 and 10; Union waters of CECAF 34.1.1
                     
                  
               
                     
                         
                     
                  
                  
                     
                        Engraulis encrasicolus
                     
                  
                  
                     
                         
                     
                  
                  
                     
                        (ANE/9/3411)
                     
                  
                  
                     
                         
                     
                  
               
                     
                        Spain
                     
                  
                  
                     
                         
                     
                  
                  
                     
                        2 747
                     
                  
                  
                     
                        (1)
                     
                  
                  
                     
                        Precautionary TAC
                     
                  
                  
                     
                         
                     
                  
                  
                     
                         
                     
                  
               
                     
                        Portugal
                     
                  
                  
                     
                  
                  
                     
                        2 997
                     
                  
                  
                     
                        (1)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Union
                     
                  
                  
                     
                  
                  
                     
                        5 744
                     
                  
                  
                     
                        (1)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        TAC
                     
                  
                  
                     
                  
                  
                     
                        5 744
                     
                  
                  
                     
                        (1)
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        (1)
                     
                  
                  
                     
                        The quota may only be fished from 1 July 2021 to 30 June 2022.
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
               ”.