52016PC0123

EUROPEAN COMMISSION

Brussels, 8.3.2016

COM(2016) 123 final

2016/0068(NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) No 2016/72 as regards certain fishing opportunities

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Council Regulation (EU) No 2016/72 fixes for 2016 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 2016/72 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) 2016/72 the total allowable catch (TAC) limits were set at zero. Therefore, they should be amended in line with the scientific advice from ICES issued on 22 February 2016.

The TACs for skates and rays in Union waters of VIa, VIb, VIIa-c and VIIe-k and of VII in Annex IA do not apply to small-eyed rays (Raja microocellata), yet in the footnotes of the relevant fishing opportunities tables it is stated that catches of this species are to be reported separately. These footnotes should be corrected.

In Annex IB the reporting code for other species in Greenland waters should be corrected to allow for proper reporting of catches. The fishing opportunities table should be updated to reflect that it applies to all by-catches in Greenland waters except grenadiers, whose by-catches are covered by separate fishing opportunities tables.

Following the consultations with Norway, the Union has agreed to transfer 25 000 tonnes of blue whiting in exchange of Arctic cod and haddock, ling and some other species. The transferred quantities should be reflected in the fishing opportunities regulation.

In Annex IB, the figures in the fishing opportunities table for cod in I and IIb should be corrected to reflect the quota allocation in line with Council Decision 87/277/EEC.

In Annex IF, a reporting code should be added to allow for proper reporting of by-catches of orange roughy in SEAFO Sub-Division B1.

At its fourth annual meeting in 2016, 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.

In Annex VIII, the number of fishing authorisations for Venezuelan vessels fishing for snappers in French Guiana waters, and the maximum number of vessels that may be present at any time was not established. Until scientific advice for the stock is updated, it is appropriate to maintain the same number as in 2015.

2016/0068 (NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) No 2016/72 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 2016/72 fixes for 2016 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)In Regulation (EU) 2016/72 the total allowable catch (TAC) limits for sandeel were 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 scientific advice from ICES issued on 22 February.

(3)Annex IA to Regulation (EU) No 2016/72 fixes i.a. the TACs for skates and rays in Union waters of ICES divisions VIa, VIb, VIIa-c and VIIe-k and in division VIId and provides in footnotes of those fishing opportunities tables that catches of small-eyed ray (Raja microocellata) in those zones are to be reported separately. As the TACs for skates and rays however do not apply to small-eyed ray, the relevant footnotes should be corrected accordingly.

(4)In Annex IB to Regulation (EU) No 2016/72 fishing opportunities table for by-catches in Greenland waters should be corrected to allow for proper reporting of those by-catches.

(5)Following consultations with Norway, the Union has agreed to transfer to that country fishing opportunities for 25 000 tonnes of blue whiting in exchange for Arctic cod and haddock, ling and some other species. That agreement should be implemented in Union law.

(6)The quota allocations for cod in ICES subarea I and division IIb established in Annex IB to Regulation (EU) No 2016/72 should be corrected to respect the quota distribution set out in Council Decision 87/277/EEC.

(7)A reporting code needs to be included in Annex IF to Regulation (EU) No 2016/72 for by-catches of orange roughy in SEAFO Sub-Division B1.

(8)At its fourth annual meeting in 2016, 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.

(9)The number of fishing authorisations to be granted to Venezuela for vessels fishing for snappers in French Guiana waters as well as the maximum number of vessels that may be present at any time need to be established in Annex VIII to Regulation (EU) No 2016/72.

(10)Regulation (EU) No 2016/72 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1
Amendments to Regulation (EU) No 2016/72

Annexes IA, IB, IF, IJ and VIII 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.

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

Done at Brussels,

For the Council

The President

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EUROPEAN COMMISSION

Brussels, 8.3.2016

COM(2016) 123 final

ANNEX

to the

Commission Proposal for a Council Regulation

amending Council Regulation (EU) 2016/72 as regards certain fishing opportunities

ANNEX

to the

Commission Proposal for a Council Regulation

amending Council Regulation (EU) 2016/72 as regards certain fishing opportunities

1.Annex IA to Regulation (EU) 2016/72 is amended as follows:

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

Species:	Sandeel			Zone:	Union waters of IIa, IIIa and IV(1)
	Ammodytes spp.
Denmark		74 727	(2)	Analytical TAC
United Kingdom		1 634	(2)	Article 3 of Regulation (EC) No 847/96 shall not apply
Germany		114	(2)	Article 4 of Regulation (EC) No 847/96 shall not apply
Sweden		2 744	(2)
Union		79 219


TAC		79 219
(1)	Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula.
(2)	Without prejudice to the landing obligation catches of dab, whiting and mackerel may be counted against up to 2 % of the quota (OT1/*2A3A4), provided that not more than 9% in total of this quota for sandeel is accounted for by these catches and by-catches of those species that are accounted for under Article 15(8) of Regulation (EU) No 1380/2013.
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
	1	2	3	4	5	6	7
	(SAN/234_1)	(SAN/234_2)	(SAN/234_3)	(SAN/234_4)	(SAN/234_5)	(SAN/234_6)	(SAN/234_7)
Denmark	4 717	4 717	59 428	5 659	0	206	0
United Kingdom	103	103	1 299	124	0	5	0
Germany	7	7	91	9	0	0	0
Sweden	173	173	2 182	208	0	8	0
Union	5 000	5 000	63 000	6 000	0	219	0


Total	5 000	5 000	63 000	6 000	0	219	0

(b)the fishing opportunities table for blue whiting in Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV is replaced by the following:

Species:	Blue whiting			Zone:	Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
	Micromesistius poutassou				(WHB/1X14)
Denmark		31 704	(3)	Analytical TAC
Germany		12 327	(3)
Spain		26 878	(2) (3)
France		22 063	(3)
Ireland		24 550	(3)
The Netherlands		38 659	(3)
Portugal		2 497	(2) (3)
Sweden		7 842	(3)
United Kingdom		41 137	(3)
Union		207 657	(1) (3)
Norway		75 000
Faroe Islands		9 000

TAC		Not relevant
(1)	Special condition: from the EU quotas in Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV (WHB/NZJM1) and in VIIIc, IX and X; Union waters of CECAF 34.1.1 (WHB/NZJM2), the following quantity may be fished in the Norwegian Economic Zone or in the fishery zone around Jan Mayen:
		149 506
(2)	Transfers of this quota may be effected to VIIIc, IX and X; Union waters of CECAF 34.1.1. However, such transfers shall be notified in advance to the Commission.
(3)	Special condition: within a total access quantity of 21 500 tonnes for the Union, Member States may fish up to the following percentage of their quotas in Faroese waters (WHB/*05-F.): 9,2%

(c)the fishing opportunities table for ling in Norwegian waters of IV is replaced by the following:

Species:	Ling		Zone:	Norwegian waters of IV
	Molva molva			(LIN/04-N.)
Belgium		9	Analytical TAC
Denmark		1 164	Article 3 of Regulation (EC) No 847/96 shall not apply
Germany		33	Article 4 of Regulation (EC) No 847/96 shall not apply
France		13
The Netherlands		2
United Kingdom		104
Union		1 325

TAC		Not relevant

(d)the fishing opportunities table for "other species" in Norwegian waters of IV is replaced by the following:


Species:	Other species			Zone:	Norwegian waters of IV
					(OTH/04-N.)
Belgium		46		Precautionary TAC
Denmark		4 250
Germany		479
France		197
The Netherlands		340
Sweden		Not relevant	(1)
United Kingdom		3 188
Union		8 500	(2)

TAC		Not relevant
(1)	Quota allocated by Norway to Sweden of "other species" at a traditional level.
(2)	Including fisheries not specifically mentioned. Exceptions may be introduced after consultations, as appropriate.

(e)the fishing opportunities table for skates and rays in Union waters of VIa, VIb, VIIa-c and VIIe-k is replaced by the following:

Species:	Skates and rays			Zone:	Union waters of VIa, VIb, VIIa-c and VIIe-k
	Rajiformes				(SRX/67AKXD)
Belgium		725	(1) (2) (3)(4)	Precautionary TAC
Estonia		4	(1) (2) (3)(4)	Article 12(1) of this Regulation applies
France		3 255	(1) (2) (3)(4)
Germany		10	(1) (2) (3)(4)
Ireland		1 048	(1) (2) (3)(4)
Lithuania		17	(1) (2) (3)(4)
The Netherlands		3	(1) (2) (3)(4)
Portugal		18	(1) (2) (3)(4)
Spain		876	(1) (2) (3)(4)
United Kingdom		2 076	(1) (2) (3)(4)
Union		8 032	(1) (2) (3)(4)

TAC		8 032	(3)(4)
(1)	Catches of cuckoo ray (Leucoraja naevus) (RJN/67AKXD), thornback ray (Raja clavata) (RJC/67AKXD), blonde ray (Raja brachyura) (RJH/67AKXD), spotted ray (Raja montagui) (RJM/67AKXD), sandy ray (Raja circularis) (RJI/67AKXD) and shagreen ray (Raja fullonica) (RJF/67AKXD) shall be reported separately.
(2)	Special condition: of which up to 5 % may be fished in Union waters of VIId (SRX/07D.), without prejudice to the prohibitions set out in Articles 13 and 46 of this Regulation for the areas specified therein. Catches of cuckoo ray (Leucoraja naevus) (RJN/07D.), thornback ray (Raja clavata) (RJC/07D.), spotted ray (Raja montagui) (RJM/07D.), sandy ray (Raja circularis) (RJI/07D.) and shagreen ray (Raja fullonica) (RJF/07D.) shall be reported separately. This special condition shall not apply to undulate ray (Raja undulata).
(3)	Shall not apply to small-eyed ray (Raja microocellata). When accidentally caught, this species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.
(4)	Shall not apply to undulate ray (Raja undulata). This species shall not be targeted in the areas covered by this TAC. In cases where it is not subject to the landing obligation, by-catch of undulate ray in area VIIe may only be landed whole or gutted, and provided that it does not comprise more than 20 kilograms live weight per fishing trip. The catches shall remain under the quotas shown in the table below. The former provisions are without prejudice to the prohibitions set out in Articles 13 and 46 of this Regulation for the areas specified therein. By-catches of undulate ray shall be reported separately under the following code: (RJU/67AKXD). Within the limits of the abovementioned quotas, no more than the quantities of undulate ray given below may be taken:

(f)the fishing opportunities table for skates and rays in Union waters of VIId is replaced by the following:

Species:	Skates and rays			Zone:	Union waters of VIId
	Rajiformes				(SRX/07D.)
Belgium		87	(1) (2) (3)(4)	Precautionary TAC
France		729	(1) (2) (3)(4)
The Netherlands		5	(1) (2) (3)(4)
United Kingdom		145	(1) (2) (3)(4)
Union		966	(1) (2) (3)(4)

TAC		966	(3)(4)
(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 undulate ray (Raja undulata) (RJU/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), spotted ray (Raja montagui) (RJM/*67AKD) shall be reported separately. This special condition shall not apply to undulate ray (Raja undulata).
(3)	Shall not apply to small-eyed ray (Raja microocellata). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.
(4)	Shall not apply to undulate ray (Raja undulata). This species shall not be targeted in the areas covered by this TAC. In cases where it is not subject to the landing obligation, by-catch of undulate ray in the area covered by this TAC may only be landed whole or gutted, and provided that it does not comprise more than 40 kilograms live weight per fishing trip. The catches shall remain under the quotas shown in the table below. The former provisions are without prejudice to the prohibitions set out in Articles 13 and 46 of this Regulation for the areas specified therein. By-catches of undulate ray shall be reported separately under the following code: (RJU/07D.). Within the limits of the abovementioned quotas, no more than the quantities of undulate ray given below may be taken:
	Species:	Undulate ray		Zone:	Union waters of VIId
		Raja undulata			(RJU/07D.)
	Belgium		1	Precautionary TAC
	France		9
	The Netherlands		0
	United Kingdom		2
	Union		12
	TAC		12
	Special condition: of which up to 5 % may be fished in Union waters of VIIe and reported under the following code: (RJU/*67AKD). This special condition is without prejudice to the prohibitions set out in Articles 13 and 46 of this Regulation for the areas specified therein.

2.Annex IB to Regulation (EU) 2016/72 is amended as follows:

(a)the fishing opportunities table for cod in Norwegian waters of I and II is replaced by the following:

Species:	Cod	Zone:	Norwegian waters of I and II
	Gadus morhua		(COD/1N2AB.)
Germany	2 405	Analytical TAC
Greece	298	Article 3 of Regulation (EC) No 847/96 shall not apply
Spain	2 682	Article 4 of Regulation (EC) No 847/96 shall not apply
Ireland	298
France	2 207
Portugal	2 682
United Kingdom	9 328
Union	19 900

TAC	Not relevant

(b)the fishing opportunities table for cod in I and IIb is replaced by the following:

Species:	Cod		Zone:	I and IIb
	Gadus morhua			(COD/1/2B.)
Germany	6 593	(3)	Analytical TAC
Spain	13 192	(3)	Article 3 of Regulation (EC) No 847/96 shall not apply
France	3 122	(3)	Article 4 of Regulation (EC) No 847/96 shall not apply
Poland	2 728	(3)
Portugal	2 643	(3)
United Kingdom	4 403	(3)
Other Member States	495	(1) (3)
Union	33 176	(2)

TAC	Not relevant
(1)	Except Germany, Spain, France, Poland, Portugal and the United Kingdom.
(2)	The allocation of the share of the cod stock available to the Union in the zone Spitzbergen and Bear Island and the associated by-catches of haddock are entirely without prejudice to the rights and obligations deriving from the 1920 Treaty of Paris.
(3)	By-catches of haddock may represent up to 14 % per haul. The by-catch quantities of haddock are in addition to the quota for cod.

(c)the fishing opportunities table for haddock in Norwegian waters of I and II is replaced by the following:

Species:	Haddock	Zone:	Norwegian waters of I and II
	Melanogrammus aeglefinus		(HAD/1N2AB.)
Germany	267	Analytical TAC
France	160	Article 3 of Regulation (EC) No 847/96 shall not apply
United Kingdom	820	Article 4 of Regulation (EC) No 847/96 shall not apply
Union	1 247

TAC	Not relevant

(d)In Annex IB the fishing opportunities table for other species (by-catch) in Greenland waters is replaced by the following:


Species:	By-catches(1)	Zone:	Greenland waters
			(B-C/GRL)
Union	1 126	Precautionary TAC
		Article 3 of Regulation (EC) No 847/96 shall not apply
TAC	Not relevant	Article 4 of Regulation (EC) No 847/96 shall not apply

(1)	By-catches of grenadiers (Macrourus spp.) shall be reported in line with the following fishing opportunities tables: grenadiers in Greenland waters of V and XIV (GRV/514GRN) and grenadiers in Greenland waters of NAFO 1 (GRV/N1GRN.)

3.In Annex IF to Regulation (EU) 2016/72, the fishing opportunities table for orange roughy in SEAFO Sub-Division B1 is replaced by the following:


Species:	Orange roughy Hoplostethus atlanticus		Zone:	SEAFO Sub-Division B1(1) (ORY/F47NAM)
TAC	0	(2)	Precautionary TAC
(1)For the purpose of this Annex, the area open to the fishery is defined as having: –its western boundary on the longitude 0° E, –its northern boundary on the latitude 20° S, –its southern boundary on the latitude 28° S, and –the eastern boundary outer limits of the Namibian EEZ. (2) Except for a by-catch allowance of 4 tonnes (ORY/*F47NA)

4.In Annex IJ to Regulation (EU) 2016/72, 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	7 067,15	Analytical TAC
The Netherlands	7 660,06	Article 3 of Regulation (EC) No 847/96 shall not apply
Lithuania	4 917,5	Article 4 of Regulation (EC) No 847/96 shall not apply
Poland	8 455,29
Union	28 100

TAC	Not relevant

5.Annex VIII to Regulation (EU) 2016/72 is replaced by the following:

"ANNEX VIII

QUANTITATIVE LIMITATIONS OF FISHING AUTHORISATIONS
FOR THIRDCOUNTRY VESSELS FISHING IN UNION WATERS

Flag State	Fishery	Number of fishing authorisations	Maximum number of vessels present at any time
Norway	Herring, north of 62° 00' N	To be established	To be established
Faroe Islands	Mackerel, VIa (north of 56° 30' N), IIa, IVa (north of 59º N) Horse mackerel, IV, VIa (north of 56° 30' N), VIIe, VIIf, VIIh	14	14
	Herring, north of 62° 00' N	20	To be established
	Herring, IIIa	4	4
	Industrial fishing for Norway pout, IV, VIa (north of 56° 30' N) (including unavoidable bycatches of blue whiting)	14	14
	Ling and tusk	20	10
	Blue whiting, II, IVa, V, VIa (north of 56° 30' N), VIb, VII (west of 12° 00' W)	20	20
	Blue ling	16	16
Venezuela(1)	Snappers (French Guiana waters)	45	45
(1) To issue those fishing authorisations, proof must be produced that a valid contract exists between the ship owner applying for the fishing authorisation and a processing undertaking situated in the Department of French Guiana, and that it includes an obligation to land at least 75 % of all snapper catches from the vessel concerned in that department so that they may be processed in that undertaking’s plant. Such a contract must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guianese economy. A copy of the duly endorsed contract shall be appended to the fishing authorisation application. Where such an endorsement is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission.

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