Documents considered by the Committee on 9 April 2014 - European Scrutiny Committee Contents


10 Fisheries: catch quotas and effort limitation for 2014

(a)

(35462)

15299/13

COM(13) 753

(b)

(35924)

8279/14

+ ADD 1

COM(14) 195


Draft Council Regulation fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters

Draft Council Regulation amending Regulation (EU) No. 43/2014 as regards certain fishing opportunities

Legal base Article 43(3)TFEU; QMV
Document originated (b) 28 March 2014
Deposited in parliament (b) 1 April 2014
Department Environment, Food and Rural Affairs
Basis of consideration EM of 7 April 2014
Previous Committee Report (a) HC 83-xxii (2013-14), chapter 5 (27 November 2013)

(b) None

Discussion in Council April 2014
Committee's assessment Politically important
Committee's decision Cleared

Background

10.1 The EU Total Allowable Catches (TACs) for particular fish stocks in the following calendar year are based on scientific advice, and then have to beagreed by the Fisheries Council following a proposal from the Commission. Since it is desirable for agreement to be reached before the start of the calendar year to which the proposal applies, this has habitually presented scrutiny difficulties, in that the need to take into account the scientific advice means that official texts haveoften been available too late to be considered properly beforehand: and this has been a particular problem for those stocks which are jointly managed with third countries, notably Norway,since the EU share has to be negotiated with the countries concerned.

10.2 Consequently, as we noted in our Report of 27 November 2013, the proposal at document (a) which the Commission put forward regarding TACs for 2014 contained no figures for those stocks (including a number of importance to the UK in the North Sea), and concentrated on those where the EU had been able to act unilaterally. Our Report identified the stocks of principal interest to the UK, and the fact that, according to the Commission, the TACs proposed reflected both the scientific advice, and the EU's commitment — first articulated following the 2002 Johannesburg World Summit on Sustainable Development, and now incorporated in the reformed Common Fisheries Policy — to bring the stocks to levels which will achieve maximum sustainable yields by 2015 (or 2020 at the latest). We also noted that, in cases where the necessary data are limited, the Commission had adopted a precautionary approach, involving a TAC reduction of 20%, and that, where appropriate, the TACs proposed were in line with the multi-annual management plans which had been adopted for a number of key stocks.

10.3 After highlighting the points to which the Government had drawn attention, we commented that, since it seemed unlikely that information on the jointly managed stocks would be available much — if at all — in advance of the December Fisheries Council when decisions were due to be taken, the best we could do at that stage was to report the current position to the House, and to ensure that as many Members as possible had a chance to raise points before any decision was taken. We also said that we understood the intention was to hold a general debate on fisheries, and that, assuming this took place, we would be prepared to grant a waiver under paragraph 3(b) of the Scrutiny Reserve Resolution, in advance of the Council. However, we added that we thought it right to hold the proposals under scrutiny, pending any further information which the Government was able to provide.

Subsequent developments

10.4 In the event, that debate took place on the floor of the House[42] on 12 December 2013, thereby triggering the scrutiny waiver, but, because of continuing discussions between the EU, Norway and the Faroe Islands on the management of North East Atlantic mackerel stock, Regulation (EU) No. 43/2014, which the Council adopted at its meeting on 16-17 December, dealt only with "internal" EU stocks. However, the agreement which was finally reached on that stock on 12 March paved the way for a wider bilateral agreement with Norway, and the Commission has now brought forward the proposal at document (b), which amends Regulation (EU) No. 43/2014 so as to incorporate the TACs established as a result of that agreement (and of a parallel agreement between the EU and the Faroes).

10.5 The TACs proposed for the stocks of principal interest to the UK, together with the corresponding figures for 2013 and the UK quotas, are set out in the Annex. According to the Explanatory Memorandum of 7 April 2013, which we have received from the Parliamentary Under-Secretary of State at the Department for Environment, Food and Rural Affairs (George Eustice), these generally follow the relevant scientific advice, and take account of the objective to reach the Maximum Sustainable Yield (MSY) by 2015 where possible (and by 2020 at the latest). He notes that they provide an increase in fishing opportunities for key stocks of interest to UK fishermen, including North Sea cod (+5%), and Western mackerel (+82%), although they also include cuts for North Sea haddock (-8%) and whiting (-11%), with the agreement reached on mackerel also meaning that the EU has also been able to reach a reciprocal agreement with the Faroe Islands, giving it access and quotasfor the first time since 2010 in those waters, which UK vessels have historically fished during the summer.

10.6 The Minister also draws attention to two other aspects of the draft Regulation. First, it increases the flexibility to catch the mackerel quota from the western component of the North Sea, which is opposed by Denmark, but which would help UK fishermen to plan activity better and reduce discarding. Secondly, it proposes a TAC for blue whiting which was negotiated as part of the EU-Norway agreement, and that, as this fishery has a short catching season in March and April, this was — with UK support —agreed at the Council on 24 March.

10.7 The Minister expects the package which is finally agreed by the Council to be consistent with what has beenagreed with Norway and the Faroe islands, but has identified two issues requiring further discussion. First, although the proposal reflects the agreement with Norway that the fully documented fisheries scheme for discards should be extended to North Sea plaice, several other Member States are suggesting that this should not be transposed into EU law. The UK will argue strongly for its inclusion, on the grounds that the EU-Norway agreement should be viewed and implemented as a package, and is supported in that view by the Commission. Secondly, the proposal permits Member States to borrow up to 5% of quota from 2015, which is in line with the current Control Regulation, but does not incorporate the 10% flexibility agreed for certain stocks in the EU-Norway agreement. The Minister says that the facility to borrow only up to 5% from 2015 is unlikely in practice to impact significantly on overall fishing operations for 2014, but the UK is pressing the Commission to address this anomaly for the future.

Conclusion

10.8 We note that the changes which document (b) makes to the proposal (document (a)) which we reported to the House on 27 November 2013 reflect the subsequent outcome of the negotiations with Norway (and the Faroe Islands), notably in relation to a number of important stocks in the North Sea. We are therefore drawing these to the attention of the House, but see no further need to hold either document under scrutiny.We are therefore clearing them.

Annex: EU TACs and UK quotas in 2014
EU TACs and UK quotas in 2014 (tonnes)
2013
2014
UK

quota
%

change

North Sea
Cod21,974 23,077 10,827+5
Haddock 34,68132,079 27,002 -8
Saithe 43,48636,917 6,175 -15
Whiting 17,03915,233 10,193 -10
Sole13,970 11,800 510-15
Plaice 91,225104,117 29,633 +14
Hake1,935 2,874 518+49
Monkfish 8,7036,962 5,666 -20
Megrim 1,9372,083 2,006 +8
Dab and flounder 18,434 14,7471,270 -20
Lemon sole 6,391 5,9243,617 -7
Ling2,428 2,428 1,8690
Turbot and brill 4,642 4,642717 0
Nephrops 17,35015,038 13,024 -13
Northern prawn 3,058 2,446538 -20
Sprat 151,500135,000 5,103 -10
Eastern Channel
Cod1,543 1,620 150+5
Plaice 6,4005,322 1,548 -17
Sole5,900 3,251 625-45
Western Channel
Cod10,200 6,848 540-33
Haddock 14,1483,602 360-75
Whiting 24,50020,668 2,218 -15
Hake30,900 45,896 8,248+49
Pollack 13,49510,796 1,882 -20
Sole (English Channel) 894832 490-7
Sole (Bristol channel) 1,100 920259 -16
Sole (Western approaches) 402322 54-20
Plaice (Bristol Channel) 369443 104-20
Plaice (Western approaches) 141135 17-4
Monkfish 29,14429,144 5,241 0
Megrim 17,38513,908 1,994 -20
Irish Sea
Cod285 22897 -20
Haddock 1,189951 455-20
Whiting 8467 35-20
Plaice 1,6271,220 312-25
Sole140 9521 -32
Nephrops 23,06420,989 6,885 -9
West of Scotland
Cod 0 00 0
Whiting 292234 134-20
Haddock 4,2113,998 3,214 -5
Monkfish 4,9243,939 1,212 -20
Plaice 658658 4000
Megrim 3,3874,074 1,278 +20
Nephrops 16,69015,287 6,885 -9
Saithe 8,6947,545 3,128 -15
Pelagic stocks
North Sea herring 286,800 282,02265,022 -2
Eastern Channel herring 52,580 51,7044,969 -2
Irish Sea herring 4,993 5,2513,884 +5
West of Scotland herring 27,480 28,06716,959 +2
Blue whiting 116,023 185,52536,751 +60
Mackerel 368,633791,906 462,899 +215
Norwegian waters
Herring 40,29727,244 5,968 -22
Cod19,971 20,524 9,622+2
Haddock 1,4811,200 789-9
Faroese waters
Cod and haddock 0950 817N/A
Saithe 03,000 696N/A



42   HCDeb, 12 December 2013, Cols. 378-418. Back


 
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