Proposal for a Council Regulation 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 - Non-paper - Hoofdinhoud

Council of the European Union Brussels, 20 November 2019 (OR. en)

14385/19

Interinstitutional File:

2019/0235(NLE) i LIMITE

PECHE 516

NOTE

From: General Secretariat of the Council

To: Delegations

No. prev. doc.: 13438/19+ADD 1-2 - COM(2019) 483 i FINAL

Subject: Proposal for a Council Regulation 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

 - Non-paper

Delegations will find attached a note on the above-mentioned subject, as received from the

European Commission services.

_________________________

COMMISSION SERVICES NON PAPER

20 November 2019

This document serves as a basis for discussion at the Working Party on Internal and External Fisheries Policy. It cannot in any circumstances be regarded as the official position of the Commission. It is intended solely for those to whom it is addressed.

Updates to Commission proposal COM(2019) 483 i for a Council Regulation fixing 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

Contents 1. Commission Proposal on European eel .............................................................................. 3 2. Amendments to Annex IA of the Commission Proposal .................................................... 4 3. Amendments to the Commission Proposal in relation to IOTC ....................................... 15 1. C OMMISSION P ROPOSAL ON E UROPEAN EEL

E XPLANATORY N OTE :

On European eel, the Commission proposes continuing the same package of measures as in 2019.

C HANGES TO RECITALS

 Recital 10 is replaced by the following:

“As regards the European eel (Anguilla anguilla L.) stock, ICES has advised that all anthropogenic mortalities, including recreational and commercial fisheries, should be reduced to zero, or kept as close to zero as possible. Moreover, the General Fisheries Commission for the Mediterranean (GFCM) adopted Recommendation GFCM/42/2018/1 establishing management measures for European eel in the Mediterranean Sea. It is appropriate to maintain the level playing field across the Union and hence to maintain also for the Union waters of the ICES area as well as brackish waters such as estuaries, coastal lagoons and transitional waters a consecutive three-month closure period for all fisheries of European eel at all life stages. As the fishing closure period should be

consistent with the conservation objectives set out in Council Regulation (EC) No 1100/2007 i 1 and

with the temporal migration patterns of European eel, for the Union waters of the ICES area it is appropriate to set it in the period between 1 August 2020 and 28 February 2021.”

1 Council Regulation (EC) No 1100/2007 i of 18 September 2007 establishing measures for the recovery of the stock of European eel (OJ L 248, 22.9.2007, p. 17).

C HANGES TO THE BODY OF THE ARTICLES

Article 11 is replaced by the following:

“Article 11 Measures on European eel fisheries in Union waters of the ICES area Any targeted, incidental and recreational fishery of European eel shall be prohibited in Union waters of the ICES area and brackish waters such as estuaries, coastal lagoons and transitional waters for a consecutive three-month period to be determined by each Member State concerned between 1 August 2020 and 28 February 2021. Member States shall communicate the determined period to the Commission not later than 1 June 2020.”

• 2. 

  A MENDMENTS TO A NNEX IA OF THE C OMMISSION P ROPOSAL

E XPLANATORY N OTE :

On herring in 7g, 7h, 7j and 7k, the Commission proposes that a TAC of 869 tonnes for a sentinel fishery is set to allow commercially based data collection for that stock.

On anglerfish in the North Sea, the advice is precautionary for a 30.4% decrease. The Commission proposed the TAC in line with the advice. Of the total advice for the North Sea and subarea 6, 63.86% are allocated to the North Sea TAC and the remainder to the West of Scotland TAC.

On Norway lobster in the North Sea, the Commission proposes the TAC of 23 002 tonnes, which is an increase of 4.1% compared to 2019.

On Norway lobster in the Bay of Biscay (8a, 8b, 8d and 8e), the Commission proposes to set the TAC at 3886 tonnes, in line with the MSY point value. This entails an increase of 0.2%.

For Norway lobster in the Iberian waters (9 and 10; Union waters of CECAF 34.1.1), the Commission proposes to set the TAC of 386 tonnes, leading to a reduction of 3.7%.

ICES issued revised advice for common sole in the North Sea for 2020, which leads to 39.8% increase (MSY point value). The Commission proposes the TAC in line with the advice.

ICES issued advice for common sole in 7d. The advice has changed from analytical (MSY) to precautionary. The Commission proposes the TAC in line with the advice and after the de minimis deduction at 2 797 tonnes, which entails 11.2% increase.

On 31 October 2019, ICES issued revised advice for common sole in ICES divisions 7f and 7g (Bristol Channel, Celtic Sea). On the basis of that advice, the Commission proposes that the TAC for that stock be increased to the MSY point value of 1652 tonnes, after applying the de minimis deduction.

C HANGES TO RECITALS

The following recitals are inserted:

“According to scientific advice by ICES, the Celtic Sea herring (Clupea harengus) stock (in ICES divisions 7a South of 52°30'N, 7g–h, and 7j–k) is below B lim . Therefore, ICES advised that catches in 2020 should be zero tonnes. ICES suggested that a monitoring fishery should be conducted to maximize the contribution to scientific data collection, including assisting with the acoustic survey and that the minimum level of catches should be 869 tonnes. This figure could provide the minimum number of at least 17 samples required for a monitoring TAC. It is thus appropriate to set a TAC for a sentinel fishery for Celtic Sea herring to collect uninterrupted fisheries-dependent catch data, without impairing the recovery of the stock;”.

C HANGES TO THE BODY OF THE ARTICLES

In Article 8, the square brackets are lifted and the reference to reviewing the measures is deleted.

C HANGES TO A NNEX IA

Annex IA in the Commission Proposal COM (2019) 483 i is amended with the following fishing opportunities tables:

Species: Herring Zone: 7g(1), 7h(1), 7j(1) and 7k(1) Clupea harengus (HER/7G-K.)

Germany 10 (2) Analytical TAC France 54 (2) Ireland 750 (2) The Netherlands 54 (2) United Kingdom 1 (2) Union 869 (2)

TAC 869 (2)

• (1) 

  This zone is increased by the area bounded:

  • - 

    to the north by latitude 52º30' N,

  • - 

    to the south by latitude 52º00' N,

  • - 

    to the west by the coast of Ireland,

  • - 

    to the east by the coast of the United Kingdom.

• (2) 

  This quota may only be allocated to vessels participating in the sentinel fishery to allow fisheries-based data collection for this stock as assessed by ICES. The Member States concerned shall communicate the name(s) of the vessel(s) to the Commission before allowing any catches.

Species: Anglerfish Zone: Union waters of 2a and 4

Lophiidae (ANF/2AC4-C) Belgium 498 (1) Precautionary TAC

Denmark 1 098 (1)

Germany 536 (1)

France 102 (1)

The Netherlands 377 (1)

Sweden 13 (1)

United Kingdom 11 461 (1)

Union 14 085 (1)

TAC 14 085

• (1) 

  Special condition: of which up to 10 % may be fished in: 6; Union and international waters of 5b; international waters of 12 and 14 (ANF/*56-14).

Species: Anglerfish Zone: 6; Union and international waters of 5b; international waters of 12 and 14

Lophiidae (ANF/56-14) Belgium 286 (1) Precautionary TAC

Germany 327 (1)

Spain 307

France 3 525 (1)

Ireland 797

The Netherlands 276 (1)

United Kingdom 2 453 (1)

Union 7 971

• (1) 

  Special condition: of which up to 5 % may be fished in: Union waters of 2a and 4 (ANF/*2AC4C).

Species: Norway lobster Zone: Union waters of 2a and 4 Nephrops (NEP/2AC4-C)

norvegicus Belgium 1 203 Analytical TAC Denmark 1 203 Article 7(2) of this Regulation applies Germany 18 France 35 The Netherlands 619 United Kingdom 19 924 Union 23 002

TAC 23 002 Species: Norway lobster Zone: 8a, 8b, 8d and 8e Nephrops (NEP/8ABDE.) norvegicus Spain 233 Analytical TAC France 3 653 Union 3 886 Species: Norway lobster Zone: 9 and 10; Union waters of CECAF 34.1.1 Nephrops (NEP/9/3411) norvegicus Spain 97 (1) Precautionary TAC Portugal 289 (1) Union 386 (1)(2)

TAC 386 (1)(2)

• (1) 

  Of which no more than 6% may be taken in Functional Units 26 and 27 of ICES division 9a (NEP/*9U267).

• (2) 

  Within the limits of the abovementioned TAC, no more than the following amount may be taken in Functional Unit 30 of ICES division 9a (NEP/*9U30):

  77

Species: Common sole Zone: Union waters of 2a and 4 Solea solea (SOL/24-C.)

Belgium pm Analytical TAC Denmark pm Article 7(2) of this Regulation applies Germany pm France pm The Netherlands pm United Kingdom pm Union pm Norway pm (1)

TAC 17 545

• (1) 

  May be fished only in Union waters of 4 (SOL/*04-C.).

Species: Common sole Zone: 7d Solea solea (SOL/07D.)

Belgium 753 Precautionary TAC France 1 506 Article 7(2) of this Regulation applies United Kingdom 538 Union 2 846

TAC 2 797

Species: Common sole Zone: 7f and 7g Solea solea (SOL/7FG.)

Belgium 1 032 Analytical TAC France 103 Article 7(2) of this Regulation applies Ireland 52 United Kingdom 465 Union 1 652

• 3. 

  A MENDMENTS TO THE C OMMISSION P ROPOSAL IN RELATION TO IOTC

• 1. 

  Recital 34 is replaced by the following:

“At its annual meeting in 2019, the Indian Ocean Tuna Commission (IOTC) adopted new catch limits for yellowfin tuna (Thunnus albacares) that do not affect the Union catch limits in IOTC. But it reduced possibilities for using fish-aggregating devices (FADs) and supply vessels. Measures on the retention of Mobulid rays were adopted. Those measures should be implemented in Union law.”

• 2. 

  Article 25 is replaced by the following:

  “Article 25 Drifting FADs and supply vessels 1. A purse-seine vessel shall not deploy more than 300 active drifting FADs at any time. 2. The number of supply vessels shall be no more than two supply vessel in support of not

less than five purse-seine vessels, all flying the flag of the same Member State. This

provision shall not apply to Member States using only one supply vessel.

• 3. 

  A single purse seine vessel shall not be supported by more than one single supply vessel of

the same flag State at any time.

• 4. 

  The Union shall not register new or additional supply vessels in the IOTC Record of

Authorised Vessels.”

• 3. 

  The following article is inserted:

“Article 27a

Mobulid rays

• 1. 

  It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship, to

land, to store, to offer to sell or to sell, any part or whole carcass of Mobulid rays (family

Mobulidae, which includes the genera Manta and Mobula), except for fishing vessels

carrying out subsistence fishery (where the fish caught are consumed directly by the

families of the fishers). By way of derogation, Mobulid rays that are unintentionally caught

by artisanal fishing (fisheries other than longline or surface fisheries, i.e. purse seines, pole

and line, gillnet fisheries, hand-line and trolling vessels, and registered in the IOTC Record

of Authorized Vessels) can be landed for purposes of local consumption only.

• 2. 

  All fishing vessels, other than those carrying out subsistence fishery, shall promptly release

alive and unharmed, to the extent practicable, Mobulid rays as soon as they are seen in the

net, on the hook, or on the deck, and do it in a manner that will result in the least possible

harm to the individuals captured.”

• 4. 

  Annex IK is replaced by the following:

  ANNEX IK

  IOTC AREA OF COMPETENCE

Catches of yellowfin tuna by Union vessels fishing with purse seiners shall not exceed the catch limits set out in this Annex.

Species: Yellowfin tuna Zone: IOTC Area of Competence Thunnus albacares (YFT/IOTC)

France 29 501 Analytical TAC

Italy Article 3 of Regulation (EC) No 847/96 i shall not apply 2 515

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

Spain 45 682

Union 77 698

TAC Not relevant

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