EUROPEAN COMMISSION

Brussels, 9.9.2022

COM(2022) 448 final

2022/0268(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 as regards anchovy

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

•Consistency with existing policy provisions in the policy area

The measures proposed are consistent with the objectives of the common fisheries policy (CFP).

•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 (TFEU).

•Subsidiarity

The proposal falls under the exclusive Union competence as referred to in Article 3(1)(d) TFEU. Therefore, the subsidiarity principle does not apply.

•Proportionality

The proposal allocates fishing opportunities to Member States in accordance with the objectives of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy 2 . Pursuant to Articles 16 and 17 of Regulation (EU) No 1380/2013, Member States must decide how the fishing opportunities available to 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 when distributing the allocated total allowable catches (TACs), relating to the social/economic model of their choice to exploit the fishing opportunities available to them.

•Choice of the instrument

Council regulation.

3.RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

•Stakeholder consultations

The Commission has consulted stakeholders, in particular through the Advisory Councils, and Member States on its approach to the various proposals for fishing opportunities, on the basis of its annual Communication Towards more sustainable fishing in the EU: state of play and orientations for 2022.

Stakeholders’ responses to the above annual Communication set out their views on the Commission’s evaluation of the state of the resources and on the appropriate management response. The Commission considered the responses when formulating this proposal.

•Collection and use of expertise

The Commission consulted the International Council for the Exploration of the Sea (ICES) on the methodology to be used. ICES scientific advice is based on a framework developed by its expert groups and decision-making bodies, and issued in line with its framework partnership agreement with the Commission.

•Impact assessment

The scope of Council Regulation (EU) 2022/109 is circumscribed by Article 43(3) of the TFEU.

•Regulatory fitness and simplification

Not applicable.

•Fundamental rights

4.BUDGETARY IMPLICATIONS

The proposed measures will have no budgetary implications.

5.OTHER ELEMENTS

Anchovy (Engraulis encrasicolus) in ICES division 9a is a short-lived species, with large inter-annual stock fluctuations and for which the fishery largely depends on the incoming year class. Therefore, ICES provides scientific advice in June for the management period from 1 July to 30 June of the following year. This ensures that the ICES scientific advice is based on the best possible assessment of the annual recruitment of this short-lived species.

2022/0268 (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 as regards anchovy

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) 2022/109 5  fixes 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.

(2)Regulation (EU) 2022/109, as amended by Council Regulation (EU) 2022/1091 6 , sets a provisional total allowable catch (TAC) for anchovy (Engraulis encrasicolus) in International Council for the Exploration of the Sea (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 2022 to 30 September 2022, pending the release of the ICES scientific advice for the period from 1 July 2022 to 30 June 2023, and allowing the fishery to continue. Following the release of that advice on 17 June 2022, the definitive TAC for the period from 1 July 2022 to 30 June 2023 should be set. The TAC should be set at the level of 15 777 tonnes indicated in that advice.

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

(4)The catch limit for anchovy in ICES subareas 9 and 10 and Union waters of CECAF 34.1.1. should apply from 1 July 2022. 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 enter into force on the day 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 in accordance with the Annex to this Regulation.

’

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2022.

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

Done at Brussels,

(1)    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).

(2)    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).

(3)    Council Regulation (EU) 2022/1091 of 30 June 2022 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 (OJ L 176, 1.7.2022, p. 5).

(4)     https://doi.org/10.17895/ices.advice.19447751  

(5)    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).

(6)    Council Regulation (EU) 2022/1091 of 30 June 2022 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 (OJ L 176, 1.7.2022, p. 5).

EUROPEAN COMMISSION

Brussels, 9.9.2022

COM(2022) 448 final

ANNEX

to the

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 as regards anchovy

ANNEX

In Part A of Annex IA to Regulation (EU) 2022/109, the second table is replaced by the following: