Brussels, 14.3.2017

COM(2017) 126 final

2017/0054(NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) 2017/127 as regards certain fishing opportunities


EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Council Regulation (EU) No 2017/127 fixes for 2017 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 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 the feedback form 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) 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 Regulation 2017/127 as described below.

Sandeel is a short-lived species and the scientific advice becomes available in the second half of February, while the fishery starts already in April. In Council Regulation (EU) 2017/127 the total allowable catch (TAC) limits were set at zero. Therefore, they should be amended in line with the latest scientific advice from ICES.

The Inter-American Tropical Tuna Commission (IATTC) adopted measures for yellowfin tuna, bigeye tuna and skipjack tuna in the IATTC Convention Area. Those measures should be implemented in the law of the Union.

In accordance with the procedure provided for in the agreement and protocol on fisheries relations with Greenland, the Joint Committee has established the level of fishing opportunities for capelin in Greenland waters in 2017. It is therefore necessary to include these fishing opportunities in this Regulation.

At its fifth annual meeting in 2017, the South Pacific Regional Fisheries Management Organisation (SPRFMO) fixed fishing opportunities consisting of a total allowable catch (TAC) for jack mackerel. This TAC should be included in the Regulation.

After the consultations with the Faroe Islands it was decided to increase the number of licences for vessels fishing for mackerel: for Union vessels fishing in Faroe waters and for Faroese vessels fishing in Union waters.

Certain reporting codes should be modified in order to ensure proper reporting of catches.

2017/0054 (NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) 2017/127 as regards certain fishing opportunities

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) No 2017/127 fixes for 2017 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)The Inter-American Tropical Tuna Commission (IATTC) at its 91th Annual (Extraordinary) Meeting on 7-10 February 2017 adopted measures for yellowfin tuna, bigeye tuna and skipjack tuna in the IATTC Convention Area. Those measures should be implemented in the law of the Union.

(3)In Regulation (EU) 2017/127 the total allowable catch (TAC) for sandeel was set at zero. Sandeel is a short lived species and the scientific advice becomes available in the second half of February, while the fishery starts already in April. The catch limits for that species should now be amendment in line with the latest scientific advice from ICES issued on 23 February 2017.

(4)In accordance with the procedure provided for in the agreement and protocol on fisheries relations with Greenland, the Joint Committee has established the level of fishing opportunities for capelin in Greenland waters in 2017. It is therefore necessary to include these fishing opportunities in this Regulation.

(5)At its fifth annual meeting on 18-22 January 2017, the South Pacific Regional Fisheries Management Organisation (SPRFMO) fixed a total allowable catch (TAC) for jack mackerel. That measure should be implemented in the law of the Union.

(6)After consultations with the Faroe Islands on fishing rights, it was agreed to increase the number of autorisations for Union vessels fishing for mackerel in Faroe waters and for Faroese vessels fishing for mackerel in Union waters. The number of autorisations should be modified accordingly.

(7)Certain reporting codes should be modified in order to allow for accurate reporting of catches and certain references should be corrected.

(8)The catch limits provided for in Regulation (EU) 2017/127 apply from 1 January 2017. The provisions of this Regulation concerning catch limits should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted.

HAS ADOPTED THIS REGULATION:

Article 1
Amendments to Regulation (EU) 2017/127

1.In Article 12(1), point (v) is replaced by the following:

"(v)    picked dogfish (squalus acanthias) in Union waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII, with the exception of avoidance programmes as set out in Annex IA;".

2.In Article 27, the following paragraph is inserted after paragraph 2:

"Member States shall close the fishery for purse-seine vessels fishing with FADs and flying their flag when the catch limit allocated to that fishery is reached."

3.In Article 41(1), point (p) is replaced by the following:

"(p)    picked dogfish (squalus acanthias) in Union waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;".

4.Annexes IA, IB, ID, IE, IJ, IID, III and VIII to Regulation (EU) 2017/127 are amended in accordance with the Annex to this Regulation.

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 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

   For the Council

   The President


Brussels, 14.3.2017

COM(2017) 126 final

ANNEX

to the
Proposal for a COUNCIL REGULATION
amending Regulation (EU) 2017/127 as regards certain fishing opportunities


ANNEX

1.Annex IA to Regulation (EU) 2017/127 is amended as follows:

(a)Throughout the text of Annex IA, the words "Article 12(1) of this Regulation applies" are replaced by "Article 11(1) of this Regulation applies";

(b) the fishing opportunities table for sandeel in Union waters of IIa, IIIa and IV is replaced by the following:

"

Species:

Sandeel and associated by-catches

Zone:

Union waters of IIa, IIIa and IV(1)

 

Ammodytes spp.

 

 

 

 

Denmark

 

458 552

(2)

Analytical TAC

 

 

United Kingdom

10 024

(2)

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

Germany

701

(2)

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

Sweden

16 838

(2)

Union

486 115

TAC

486 115

(1)

Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula.

(2)

Without prejudice to the landing obligation, by-catches of dab, whiting and mackerel may consist of up to 2 % of the quota (OT1/*2A3A4). Where a Member State uses this provision in respect of a by-catch species in this fishery, no inter-species flexibility provision may be used by that Member State in respect of by-catches of that species.

Special condition: within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following sandeel management areas, as defined in Annex IID:

Zone: Union waters of sandeel management areas

1r

2r

3r

4

5r

6

7r

(SAN/234_1R)

(SAN/234_2R)

(SAN/234_3R)

(SAN/234_4)

(SAN/234_5R)

(SAN/234_6)

(SAN/234_7R)

Denmark

241 443

165 965

0

50 979

0

165

0

United Kingdom

5 278

3 628

0

1 114

0

4

0

Germany

369

254

0

78

0

0

0

Sweden

8 866

6 094

0

1 872

0

6

0

Union

255 956

175 941

0

54 043

0

175

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

255 956

175 941

0

54 043

0

175

0

 

 

 

 

 

 

 

 

"

(c)In the fishing opportunities table for saithe in IIIa, IV; Union waters of IIa, the reporting code "(POK/2A3A4.)" is replaced by "(POK/2C3A4)";

(d)In footnote (3) of the fishing opportunities table for skates and rays in Union waters of VIa, VIb VIIa-VIIc and VIIe-VIIk, the reporting code "(RJE/7FG)" is replaced by "(RJE/7FG.)".

(e)In the fishing opportunities table for skates and rays in Union waters of VIId, footnotes (1) and (2) are replaced by the following:

"(1)Catches of cuckoo ray (Leucoraja naevus) (RJN/07D.), thornback ray (Raja clavata) (RJC/07D.), blonde ray (Raja brachyura) (RJH/ 07D.), spotted ray (Raja montagui) (RJM/07D.) and small-eyed ray (Raja microocellata) (RJE/07D.) shall be reported separately.

(2)Special condition: of which up to 5 % may be fished in Union waters of VIa, VIb, VIIa-c and VIIe-k (SRX/*67AKD). Catches of cuckoo ray (Leucoraja naevus) (RJN/*67AKD), thornback ray (Raja clavata) (RJC/*67AKD), blonde ray (Raja brachyura) (RJH/ *67AKD) and spotted ray (Raja montagui) (RJM/*67AKD) shall be reported separately. This special condition shall not apply to small-eyed ray (Raja microocellata) and to undulate ray (Raja undulata)."

(f)In the fishing opportunities table for mackerel in IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32, footnote (3) is replaced by the following:

"(3)Special condition: including the following tonnage to be taken in Norwegian waters of IIa and IVa (MAC/*2A4AN):

328

When fishing under this special condition, by-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quotas for these species."

2.In Annex IB to Regulation (EU) 2017/127, the fishing opportunities table for capelin in Greenland waters of V and XIV is replaced by the following:

"

Species:

Capelin

 

Zone:

Greenland waters of V and XIV

 

Mallotus villosus

 

(CAP/514GRN)

Denmark

0

Analytical TAC

Germany

0

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

Sweden

0

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

United Kingdom

0

All Member States

0

(1)

Union

0

(2)

Norway

4 389

(2)

TAC

Not relevant

(1)

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.

(2)

For a fishing period from 20 June to 30 April of the following year.

"

3.Annex ID to Regulation (EU) 2017/127 is amended as follows:

(a)In the fishing opportunities table for sailfish in Atlantic Ocean, east of 45° W, the reporting code "(SAIL/AE45W)" is replaced by "(SAI/AE45W)";

(b)In the fishing opportunities table for sailfish in Atlantic Ocean, west of 45° W, the reporting code "(SAIL/AW45W)" is replaced by "(SAI/AW45W)";

(c)In the fishing opportunities table for swordfish in Meditteranean, the reporting code "(SWO/M)" is replaced by "(SWO/MED)".

4.In Annex IE to Regulation (EU) 2017/127, in the fishing opportunities table for grenadiers in FAO 48.3 Antarctic, the reporting code "(SRX/F483.)" is replaced by "(GRV/F483.)".

5.In Annex IJ to Regulation (EU) 2017/127, the fishing opportunities table for jack mackerel in the SPRFMO Convention Area is replaced by the following:

"

Species:

Jack mackerel

Zone:

SPRFMO Convention Area

 

Trachurus murphyi

 

(CJM/SPRFMO)

Germany

7 583,98

Analytical TAC

The Netherlands

8 220,25

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

Lithuania

5 277,13

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

Poland

9 073,64

Union

30 155

TAC

Not relevant

 

 

 

 

 

"

6.Annex IID to Regulation (EU) 2017/127 and Appendix 1 to that Annex are replaced by the following:

"ANNEX IID

MANAGEMENT AREAS FOR SANDEEL IN ICES DIVISIONS IIa, IIIa AND ICES SUBAREA IV

For the purposes of the management of the fishing opportunities of sandeel in ICES divisions IIa, IIIa and ICES subarea IV fixed in Annex IA, the management areas within which specific catch limits apply are defined as shown below and in the Appendix to this Annex:

Sandeel management area

ICES statistical rectangles

1r

31–33 E9–F4; 33 F5; 34–37 E9–F6; 38–40 F0–F5; 41 F4–F5

2r

35 F7–F8; 36 F7–F9; 37 F7–F8; 38-41 F6–F8; 42 F6–F9; 43 F7–F9; 44 F9–G0; 45 G0–G1; 46 G1

3r

41–46 F1–F3; 42–46 F4–F5; 43–46 F6; 44–46 F7–F8; 45–46 F9; 46–47 G0; 47 G1 and 48 G0

4

38–40 E7–E9 and 41–46 E6–F0

5r

47–52 F1–F5

6

41–43 G0–G3; 44 G1

7r

47–52 E6–F0

Appendix 1 to Annex IID

SANDEEL MANAGEMENT AREAS

"

7.In Annex III to Regulation (EU) 2017/127, the entry for mackerel in Faroese waters is replaced by the following :

"

Faroese waters

Mackerel

20

DK

pm

14

BE

pm

DE

pm

FR

pm

IE

pm

NL

pm

SE

pm

UK

pm

"

8.In Annex VIII to Regulation (EU) 2017/127, the entry for mackerel and horse mackerel relating to Faroe Islands is replaced by the following:

"

Faroe Islands

Mackerel, VIa (north of 56° 30' N), IIa, IVa (north of 59º N)

20

14

Horse mackerel, IV, VIa (north of 56° 30' N), VIIe, VIIf, VIIh

14

14

"