Regulation (EU) 2023/2124 of the European Parliament and of the Council of 4 October 2023 on certain provisions for fishing in the General Fisheries Commission for the Mediterranean (GFCM) Agreement area (recast)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) Regulation (EU) No 1343/2011 of the European Parliament and of the Council (3) has been substantially amended several times (4). Since further amendments are to be made, that Regulation should be recast in the interests of clarity.

(2) One of the objectives of the common fisheries policy, as set out in Regulation (EU) No 1380/2013 of the European Parliament and the Council (5), is to ensure that fishing and aquaculture activities are environmentally sustainable in the long term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies.

(3) The European Community acceded to the Agreement for the establishment of the General Fisheries Commission for the Mediterranean (GFCM Agreement) pursuant to Council Decision 98/416/EC (6).

(4) The GFCM Agreement provides an appropriate framework for multilateral cooperation to promote the development, conservation, rational management and best utilisation of living marine resources in the Mediterranean Sea and the Black Sea at levels which are considered sustainable and at low risk of collapse.

(5) The Union, as well as Bulgaria, Greece, Spain, France, Croatia, Italy, Cyprus, Malta, Romania and Slovenia, are contracting parties to the GFCM Agreement.

(6) Recommendations adopted by the General Fisheries Commission for the Mediterranean (GFCM) are binding on its contracting parties. As the Union is a contracting party to the GFCM Agreement, those recommendations are binding on the Union and should therefore be implemented into Union law unless their content is already covered thereby. The Union is to ensure that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law, while promoting a level playing field for Union operators vis-à-vis third-country operators.

(7) For those reasons and since the permanent character of recommendations requires also a permanent legal instrument for their implementation into Union law, it is appropriate to implement those recommendations by means of a single legislative act, ensuring legal clarity and predictability for Union operators in waters covered by the GFCM and where future recommendations can be added by way of amendments to that act.

(8) In accordance with Article 4 of Regulation (EU) 2019/473 of the European Parliament and of the Council (7), the European Fisheries Control Agency (EFCA) is, at the Commission’s request, to assist the Union and the Member States in their relations with third countries and regional international fisheries organisations of which the Union is a member. In line with that Regulation, when needed for the implementation of Union obligations, EFCA is, at the Commission’s request, to coordinate control and inspection activities by Member States on the basis of international control and inspection programmes. It is therefore appropriate to adopt provisions that include EFCA, when designated by the Commission, as the body that receives from Member States information relating to control and inspection, such as at sea inspection reports.

(9) Management measures and recommendations should be based on the best available scientific advice. The advice upon which management measures are based should itself be based on the scientific use of relevant data on fleet capacity and activity, on the biological status of exploited resources and on the social and economic situation of fisheries. Those data need to be collected and submitted in time to allow the subsidiary bodies of the GFCM to prepare their advice, which should take into consideration biological, socioeconomic and environmental aspects.

(10) The GFCM annual sessions held since 2005 adopted a number of recommendations and resolutions for certain fisheries in the GFCM Agreement area which have been implemented into Union law mainly by means of Regulation (EU) No 1343/2011.

(11) At its annual session in 2019, the GFCM adopted Recommendation GFCM/43/2019/8 amending provision 13 of and Annex I to Recommendation GFCM/33/2009/8. While Council Regulation (EC) No 1005/2008 (8) partly covers the content of that Recommendation, this Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(12) At its annual session in 2019, the GFCM adopted Recommendation GFCM/43/2019/4 on a management plan for the sustainable exploitation of red coral in the Mediterranean Sea, repealing Recommendations GFCM/35/2011/2, GFCM/36/2012/1, GFCM/40/2016/7 and GFCM/41/2017/5. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(13) At its annual session in 2018, the GFCM adopted Recommendation GFCM/42/2018/2 on fisheries management measures for the conservation of sharks and rays in the GFCM area of application, amending Recommendation GFCM/36/2012/3. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(14) At its annual session in 2018, the GFCM adopted Recommendation GFCM/42/2018/8 on further emergency measures in 2019-2021 for small pelagic stocks in the Adriatic Sea, replacing Recommendation GFCM/38/2014/1. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(15) It is important to estimate catches of recreational fisheries, where relevant, in the waters covered by the GFCM with a view to allowing the Scientific Advisory Committee (SAC) to provide descriptive information and advice on estimations of catches of recreational fisheries.

(16) The GFCM measures laid down in Recommendations GFCM/37/2013/1 and GFCM/42/2018/8 includes a ban on retention on board or landing which should be implemented into Union law in accordance with Article 15(2) of Regulation (EU) No 1380/2013. For the purpose of proper implementation, national control, monitoring and surveillance programmes should be developed, which the Commission should communicate annually to the GFCM Secretariat.

(17) At its annual session in 2018, the GFCM adopted Recommendation GFCM/42/2018/5 on establishing a multiannual management plan for demersal stocks in the Strait of Sicily, repealing Recommendations GFCM/39/2015/2 and GFCM/40/2016/4. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(18) At its annual session in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot fisheries in the Black Sea. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(19) At its annual session in 2019, the GFCM adopted Recommendation GFCM/43/2019/2 on a management plan for the sustainable exploitation of blackspot seabream in the Alboran Sea. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(20) In Mediterranean mixed fisheries, the selectivity of some fishing gear cannot be permitted to go below a certain level. In addition to the overall control and limitation of fishing effort, it is fundamental to limit fishing effort in areas where adults of important stocks aggregate, in order to ensure a risk of reproduction impairment that is low enough to allow for their sustainable exploitation. It is therefore advisable, in respect of the area examined by the SAC, first to limit the fishing effort to previous levels and then not to allow any increase of those levels.

(21) At its annual session in 2018, the GFCM adopted Recommendation GFCM/42/2018/1 on a multiannual management plan for European eel in the Mediterranean Sea. This Recommendation establishes a multiannual management plan for fisheries catching European eel in the Mediterranean Sea, in line with the precautionary approach to fisheries management. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(22) At its annual session in 2018, the GFCM adopted Recommendation GFCM/42/2018/3 on a multiannual management plan for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Levant Sea. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(23) At its annual session in 2018, the GFCM adopted Recommendation GFCM/42/2018/4 on a multiannual management plan for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Ionian Sea. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(24) At its annual session in 2018, the GFCM adopted Recommendation GFCM/42/2018/7 on a regional research programme on blue crab in the Mediterranean Sea. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(25) At its annual session in 2018, the GFCM adopted Recommendation GFCM/42/2018/9 on a regional research programme for rapa whelk fisheries in the Black Sea. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(26) At its annual session in 2019, the GFCM adopted Recommendation GFCM/43/2019/1 on a set of management measures for the use of anchored fishing aggregating devices in common dolphinfish fisheries in the Mediterranean Sea. This Recommendation complements Recommendation GFCM/30/2006/2 on the establishment of a closed season for common dolphinfish fisheries using fish aggregating devices and establishes a set of management measures for the use of anchored FADs exploiting common dolphinfish in the GFCM area of application. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(27) At its annual session in 2019, the GFCM adopted Recommendation GFCM/43/2019/6 on management measures for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Strait of Sicily. This Regulation should implement into Union law the measures laid down in that Recommendation which are not yet covered by Union law.

(28) Implementing powers should be conferred on the Commission in order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of cooperation and exchange of information with the GFCM Secretariat and in respect of the format and transmission of: the report on the fishing activities carried out in fisheries restricted areas; applications for carrying over lost days due to bad weather in the closed season for dolphinfish fisheries and the report on such carrying over; and the report in the context of collecting data on dolphinfish fisheries. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (9).

(29) In order to ensure that the Union continues to fulfil its obligations under the GFCM Agreement, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the implementation into Union law of amendments, which have become binding on the Union, to existing GFCM measures which have already been implemented into Union law, as regards the transmission to the GFCM Secretariat of the list of authorised vessels for the purpose of the GFCM Register; the derogations to conservation measures for red coral; the implementation of the permanent catch documentation scheme (CDS) for red coral; port state measures; the table, map and geographic coordinates of the GFCM geographical subareas; port state inspection procedures for vessels; and GFCM statistical matrices. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (10). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts,

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation lays down the rules for the application by the Union of the conservation, management, exploitation, monitoring, marketing and enforcement measures for fishery and aquaculture products established by the General Fisheries Commission for the Mediterranean (GFCM).

Article 2

Scope

It shall apply without prejudice to Council Regulation (EC) No 1967/2006 (11).

Article 3

Definitions

For the purposes of this Regulation the following definitions shall apply in addition to the definitions laid down in Article 4 of Regulation (EU) No 1380/2013, Article 2 of Regulation (EC) No 1967/2006, Article 4 of Council Regulation (EC) No 1224/2009 (12), Article 2, points (1) to (13), of Regulation (EU) 2019/1022 of the European Parliament and of the Council (13) and Article 6 of Regulation (EU) 2019/1241 of the European Parliament and of the Council (14):

(1) ‘GFCM Agreement area’ means the Mediterranean and the Black Sea, as described in the GFCM Agreement;

(2) ‘buffer area’ means a zone surrounding a fisheries restricted area in order to avoid accidental access to it, enhancing the protection of the surrounded area;

(3) ‘fishing day’ means any continuous period of 24 hours, or part thereof, during which a vessel is present in the GFCM Agreement area and absent from port;

(4) ‘Data Collection Reference Framework (DCRF) manual’ means the manual prepared by the Scientific Advisory Committee (SAC) and endorsed by the GFCM related to the implementation of the DCRF;

(5) ‘Common Fleet Register (CFR) number’ means the common fleet register (CFR) number as defined in Article 2, point (l), of Commission Implementing Regulation (EU) 2017/218 (15);

(6) ‘live weight’ means the weight of fresh catches weighed immediately after the end of fishing operations or, in the case of daily fishing trips, before their landing at the designated landing point at the latest;

(7) ‘red coral bank’ means an area of variable size where red coral (Corallium rubrum) colonies are relatively abundant;

(8) ‘red coral colony’ means the biological unit exploited in red coral (Corallium rubrum) fisheries and represents a genetic unit formed by hundreds/thousands of red coral polyps, which can have a tree-like shape with several branches.

TITLE II

MANAGEMENT, CONSERVATION AND CONTROL MEASURES CONCERNING CERTAIN SPECIES

CHAPTER I

European Eel

Article 4

Scope

This Chapter applies to all fishing activities catching European eel (Anguilla anguilla), namely targeted, incidental and recreational fisheries, in all the marine waters of the Mediterranean Sea as provided for in Annex I, including freshwaters and transitional and brackish waters, such as lagoons and estuaries.

Article 5

Fisheries restricted areas

Article 6

Technical measures

Without prejudice to Regulation (EU) 2019/1241, the national management plans and national management measures adopted by Member States pursuant to Article 2 of Council Regulation (EC) No 1100/2007 (16), shall establish technical measures such as authorised fishing gear and mesh size.

Article 7

Additional measures