Fishery Zone Agreements

Convention for the Conservation of Salmon in the North Atlantic Ocean

Decision 82/886/EEC — conclusion of the Convention for the Conservation of Salmon in the North Atlantic Ocean

The convention aims to:

ensure the conservation of Atlantic salmon populations;
promote North Atlantic salmon stock conservation, restoration, enhancement and rational management, creating the North Atlantic Salmon Conservation Organization (NASCO);
balance the interests of countries in whose rivers salmon originate and other countries whose jurisdictions cover where the salmon are fished.
The decision concludes the convention on behalf of the EU.

KEY POINTS

The convention:

takes into account Article 66 of the UN Convention on the Law of the Sea of 1982 on stocks of anadromous fish, those species born in fresh water who spend most of their life in the sea returning to fresh water to spawn;
recognises issues arising from the fact that salmon originating in the rivers of different countries intermingle in parts of the North Atlantic Ocean;
concerns itself with salmon stocks which migrate beyond areas under the fisheries jurisdiction of coastal countries north of latitude 36° N.
Salmon fishing restrictions

Salmon fishing is banned beyond 12 nautical miles (nm) from the coast, with exceptions concerning Greenland (40 nm) and the Faroe Islands (allowed in the whole jurisdiction).

North Atlantic Salmon Conservation Organization

The convention establishes the North Atlantic Salmon Conservation Organization (NASCO) whose objectives are to contribute to:

the conservation;
the restoration;
the enhancement; and
the rational management of salmon stocks, using the best scientific evidence available.
NASCO consists of 3 Commissions covering fisheries in North America, West Greenland and the North-East Atlantic, in addition to a council and a secretariat.

The Commissions:

are a forum for consultation and cooperation among their member countries;
propose regulatory measures (which will become binding on member countries after 60 days where no objection is lodged) where salmon fishing impacts countries from whose rivers the salmon originate and, in the case of the North America Commission, minimise those salmon harvests where appropriate;
make recommendations to the council about scientific research.

Member country responsibilities

Each party to the convention must:

do everything necessary to make the convention effective and implement the binding regulatory measures, including penalties for violations;
provide salmon stocks statistics and catch statistics as required by the council;
provide any other available scientific and statistical information required by the council;
provide copies (or summaries) of laws, regulations and programmes in force, on request, relating to salmon stock conservation, restoration, enhancement and rational management.

Note: NASCO has six parties: Canada, Denmark (in respect of the Faroe Islands and Greenland), the EU, Norway, the Russian Federation and the USA. France (in respect of St.Pierre & Miquelon) attends as an observer. Iceland, an original member, withdrew in 2009 because of financial considerations, but has indicated its intention to rejoin.

The EU is a full member of both the North-East Atlantic Commission and the West Greenland Commission.

The convention entered into force on 1 October 1983.

DOCUMENTS

Convention for the Conservation of Salmon in the North Atlantic Ocean (OJ L 378, 31.12.1982, pp. 25-31)

Council Decision 82/886/EEC of 13 December 1982 concerning the conclusion of the Convention for the Conservation of Salmon in the North Atlantic Ocean (OJ L 378, 31.12.1982, p. 24)

Information concerning the date of entry into force of the Convention for the conservation of salmon in the North Atlantic Ocean (OJ L 282, 14.10.1983, p. 63)

Agreement to prevent unregulated high seas fisheries in the Central Arctic Ocean

Decision (EU) 2019/407 — conclusion, on behalf of the EU, of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean

The agreement aims to prevent unregulated commercial fishing in the high seas portion (waters that are not under the jurisdiction of any country) of the Central Arctic Ocean by implementing precautionary conservation and management measures.
The decision concludes the agreement on behalf of the EU.

KEY POINTS

The Arctic Region covers the area around the North Pole. It includes the Arctic Ocean and the territories of 8 Arctic countries: Canada, Denmark (including Greenland and the Faroe Islands), Finland, Iceland, Norway, Russia, Sweden and the United States.
The Agreement was signed by Canada, China, Denmark (in respect of the Faroe Islands and Greenland), the European Union, Iceland, Japan, South Korea, Norway, Russia and the United States.

The agreement is precautionary — until recently, ice has covered the high seas portion of the Central Arctic Ocean all year round, making fishing in those waters impossible. However, global warming has significantly reduced ice coverage, which may open up this area to fishing in the future.
The agreement is based on the principles set out in United Nations Convention on the Law of the Sea, the Agreement for the Implementation of the United Nations Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and the 1995 Code of Conduct for Responsible Fisheries.

Scope

The agreement covers fish, molluscs and crustaceans — except those belonging to sedentary species as defined in the UN Convention on the Law of the Sea.
The parties agree not to engage in commercial fishing activities in the high seas portion of the Central Arctic Ocean for an initial period of 16 years after the agreement enters into force. This period can be extended automatically every 5 years, unless one party objects.

Joint programme of scientific research and monitoring

The agreement will establish a joint programme of scientific research and monitoring to improve the understanding of the ecosystems of the Central Arctic Ocean and, in particular, to determine whether there might be fish stocks in this area that could be harvested sustainably.

Conservation and management measures

The parties can only authorise vessels registered in their country to carry out commercial fishing if they follow:

internationally recognised conservation and management measures for the sustainable management of fish stocks adopted by one or more regional or subregional fisheries management organisation(s) or arrangement(s); or
interim conservation and management measures that may be established by the parties.

Review and further implementation

A review of the agreement and of the scientific information obtained through the joint programme will take place at least every 2 years.
Conservation and management measures for exploratory fishing in the area will be established within 3 years of the Agreement coming into force.
DATE OF ENTRY INTO FORCE

The agreement will enter into force when all 10 signatories have ratified it.

The decision entered into force on 18 March 2019.

DOCUMENTS

Agreement to prevent unregulated high seas fisheries in the Central Arctic Ocean (OJ L 73, 15.3.2019, pp. 3-8)

Council Decision (EU) 2019/407 of 4 March 2019 on the conclusion, on behalf of the European Union, of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (OJ L 73, 15.3.2019, pp. 1-2)

Action plan for a maritime strategy in the Atlantic area

In 2013, the European Commission adopted an Atlantic action plan. It aims to revitalise the maritime and marine economies in this sea basin (France, Ireland, Portugal, Spain and the United Kingdom) by nurturing its economic and environmental potential.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Action Plan for a Maritime Strategy in the Atlantic area – Delivering smart, sustainable and inclusive growth (COM(2013) 279 final of 13 May 2013)

It follows on from the European Union Atlantic strategy, adopted by the European Commission in 2011, and from the blue growth strategy, adopted in 2012. It outlines how stakeholders (public authorities, business, citizens’ groups, researchers, etc.) in the 5 EU countries in this sea basin can work together to promote sustainable growth and job creation while safeguarding the area’s environmental and ecological stability.

KEY POINTS

The action plan’s success depends on a combination of efforts in 3 areas so as to enable the blue economy to reach its potential.

Investment: this needs to be targeted at innovation, technological capabilities and smart specialisation strategies, with SMEs being particularly important. Investment in infrastructure, such as vessel technology, and in marine infrastructure, such as ports and marinas, may also be required.
Research: ocean governance, the sustainable exploitation and management of marine resources, safety at sea and marine environmental protection require not only data and an understanding of how ecosystems function and interact, but also an ability to model, forecast and predict.
Higher skills: the shortage of a suitably skilled workforce for certain sectors of the marine and maritime industry must be tackled if the blue economy is to reach its potential. This can be achieved both by upskilling the existing workforce and by attracting young people into the sector.
4 priorities have been identified.

1.Promote entrepreneurship and innovation by:

increasing the capacity of the Atlantic area to innovate;
improving skills both in traditional industries, such as shipbuilding, aquaculture and fisheries, and in the emerging sectors like marine biotechnology or renewable energies.

2.Protect, secure and develop the potential of the Atlantic marine and coastal environment, for example by:

reinforcing the safety and security of seafarers, coastal populations, property and ecosystems;
developing an ocean-observing and predictive capability;
contributing to the development of tools and strategies to address global climate change issues;
supporting marine environmental protection and efforts to achieve ‘good environmental status’ of Atlantic waters by 2020;
developing a better understanding of the technical feasibility, economic viability and environmental impact of mining for minerals;
considering ways to accelerate the deployment of sustainable offshore renewable energy (e.g. offshore wind farms).

3.Improve accessibility and connectivity by:

facilitating the development of ports as hubs of the blue economy.

4.Create a socially inclusive and sustainable model of regional development by:

fostering better knowledge of social challenges in the Atlantic area;
preserving and promoting the Atlantic’s cultural heritage.
Investment and research priorities identified in the action plan may be considered for EU financing.

Further information is available from the European Commission’s Directorate-General for Maritime Affairs and Fisheries website.

RELATED ACT

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Developing a Maritime Strategy for the Atlantic Ocean Area (COM(2011) 782 final of 21 November 2011)

Baltic Sea stocks of cod, herring and sprat — Multiannual plan

Regulation (EU) 2016/1139 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks

In accordance with the EU strategy for the marine environment and the United Nations Convention on the Law of the Sea, it aims to:

set a regional multiannual framework for the implementation of the common fisheries policy (CFP);
manage Baltic Sea fish stocks;
restore and maintain fish populations above levels which can produce maximum sustainable yield*; and
avoid and reduce unwanted catches.
The regulation amends Council Regulation (EC) No 2187/2005 (see summary Conservation of fishery resources in the Baltic Sea and Danish Straits) and repeals Council Regulation (EC) No 1098/2007.

KEY POINTS

The regulation introduces a multiannual plan* for the following fish stocks in EU Baltic Sea waters:

cod in the eastern and western Baltic Sea;
herring in the central and western Baltic Sea, the Gulf of Riga and the Gulf of Bothnia;
sprat in the Baltic Sea.
It also applies to by-catches* of plaice, flounder, turbot and brill.

The plan contributes to:

the achievement of the objectives of the CFP, in particular by applying a precautionary approach to fisheries management and ensuring that exploitation of fish stocks restores and maintains populations above levels which can produce maximum sustainable yield;
eliminating discarded fish by avoiding and reducing unwanted catches;
implementing the landing obligation for species with catch limits.
It takes an ecosystem-based approach* to fisheries management to minimise negative impacts of fishing on the marine ecosystem.

Target fishing mortality

The regulation defines a framework for setting the annual fishing quotas. The quotas are to be set according to a certain target fishing mortality, a range which is determined for each species and area covered by the regulation. This target must be achieved as soon as possible, and progressively, at the latest by 2020, and is to be maintained after this date. The ranges, based on annual scientific advice, provide flexibility to address changes in the development of the stocks.

Safeguards

The target fishing mortality ranges are designed to ensure that there is less than a 5% probability of the spawning stock falling below the reference limit. Specific conservation measures are to be put in place when scientific advice is that a stock is under threat.

Measures for plaice, flounder, turbot and brill caught as by-catch

When scientific advice indicates that remedial measures are needed to ensure that Baltic stocks of plaice, flounder, turbot or brill, caught as by-catch, are managed in line with the objectives of the CFP, the Commission has the power to adopt delegated acts, including in the following areas:

characteristics of fishing gear, in particular mesh size, hook size, construction, twine thickness, size, or use of selectivity devices;
use of fishing gear, in particular immersion time and depth of deployment;
prohibition or limitation on fishing in specific areas;
prohibition or limitation on fishing or the use of certain types of fishing gear during specific time periods;
minimum conservation reference sizes.

Other rules

The plan also provides for:

the Commission to adopt delegated acts about exemptions from the application of the landing obligation, notably for species for which scientific evidence demonstrates high survival rates;
technical measures, by means of delegated acts, notably to protect spawning and juvenile fish or to improve selectivity;
prohibiting any fishing activity from 1 May to 31 October in specified areas.
The EU countries concerned (Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden) can submit joint recommendations asking the Commission to adopt a delegated act.

Evaluating the plan every 5 years, the Commission reports to the European Parliament and to the Council on the results and impact of the plan on the stocks to which the regulation applies and on the fisheries exploiting those stocks.

KEY TERMS

Maximum sustainable yield: the highest theoretical equilibrium yield that can be continuously taken on average from a stock under existing average environmental conditions without significantly affecting the reproduction process.
By-catch: unwanted fish and marine species caught unintentionally.

Multiannual plan: instrument setting up a multiannual framework at regional (sea-basin) level for the implementation of the common fisheries policy (see Article 9 of Regulation (EU) No 1380/2013 on the Common Fisheries Policy).
Ecosystem-based approach: an integrated approach to managing fisheries which seeks to manage the use of natural resources while preserving both the biological wealth and the biological processes necessary to safeguard the composition, structure and functioning of the habitats of the ecosystem affected.
Fishing mortality: catches over a given period as a proportion of the average stock available to the fishery in that period.

DOCUMENTS

Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, pp. 1-15)

Successive amendments to Regulation (EU) 2016/1139 have been incorporated into the original document. This consolidated version is of documentary value only.

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, pp. 22-61)

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, pp. 1-50)

Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (marine strategy framework directive) (OJ L 164, 25.6.2008, pp. 19-40)

Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 (OJ L 349, 31.12.2005, pp. 1-23)

The Arctic region — new EU policy agenda

Joint Communication (JOIN(2016) 21 final) — An integrated European Union policy for the Arctic

It sets out the general guidelines for a new European Union (EU) policy concerning the Arctic region* which will focus on 3 main areas:

1.climate change and environmental protection;

2.sustainable development; and

3.international cooperation.

KEY POINTS

Climate change and environmental protection

Climate change in the region is progressing more rapidly and more comprehensively than ever. As warming continues, ice-free summers in the Arctic may occur even as soon as in the next 20 to 40 years.

The Arctic region itself also contributes to climate change, due to the gradual release of methane gases as the area warms up.

To help the Arctic population to develop an ambitious climate adaptation policy, the EU is ready to work together with Arctic countries, their local populations and indigenous communities to:

define international measures to limit black carbon* and methane emissions;
support international access to research facilities in the Arctic region (with research stations, scientific vessels, satellite observations with the Copernicus programme);
create a network of marine protected areas and an international agreement to prevent unregulated fisheries in the central Arctic Ocean.

Sustainable development

The EU can contribute to the Arctic’s need for improved socio-economic resilience*, with science, research and innovation projects.

As the Arctic region is suffering from underinvestment, the EU strategy will:

redirect EU funding instruments to support innovation and infrastructure development to improve transport links and businesses;
readdress the Copernicus programme and target research towards maritime safety through the surveillance and monitoring of vessel traffic.

International cooperation

The EU will continue to take part in international forums relevant to the Arctic, such as the Arctic Council, the Barents Euro-Arctic Council and the Northern Dimension. It will also:

cooperate with other countries such as China, India and Japan on science and research;
consult with Arctic indigenous peoples and local communities to ensure that their rights are respected and their views are reflected in the implementation of EU policies.
EU funding

The EU is one of the largest contributors to Arctic research: since 2002, €200 million have been committed from the EU budget.

Over the period from 2014 to 2020, over €1 billion from the European Structural and Investment Funds are being invested in the area in strategic fields such as research and innovation, support to small businesses and clean energy.

BACKGROUND

In 2014, the Council of the European Union and European Parliament asked the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to develop a more coherent approach for EU action and funding programmes in the Arctic. The EU’s integrated policy for the Arctic is its latest statement on its ongoing support to the Arctic region, and follows on from its 2008 policy communication and its 2012 update and overview of activities.

KEY TERMS

Arctic region: it covers the area around the North Pole, north of the Arctic Circle, and includes the Arctic Ocean and territories of the 8 Arctic countries: Canada, Denmark (including Greenland and the Faroe Islands), Finland, Iceland, Norway, the Russian Federation, Sweden and the United States.

Black carbon: carbon produced both naturally and by human activities as a result of the incomplete combustion of fossil fuels, biofuels, and biomass. It causes a high level of atmospheric warming and may be responsible for more than 30% of recent warming in the Arctic.

Socio-economic resilience: a country’s ability to react to shocks arising from the changing climate.

DOCUMENTS

Joint communication to the European Parliament and the Council: An integrated European Union policy for the Arctic (JOIN(2016) 21 final, 27.4.2016)

Communication from the Commission to the European Parliament and the Council — The European Union and the Arctic region (COM(2008) 763 final, 20.11.2008)

Joint communication to the European Parliament and the Council — Developing a European Union policy towards the Arctic region: progress since 2008 and next steps (JOIN(2012) 19 final, 26.6.2012)

Joint staff working document — The inventory of activities in the framework of developing a European Union Arctic policy — accompanying the document —Joint communication to the European Parliament and the Council — Developing a European Union policy towards the Arctic region: progress since 2008 and next steps (SWD(2012) 182 final, 26.6.2012)

Joint staff working document — Space and the Arctic — accompanying the document — Joint communication to the European Parliament and the Council — Developing a European Union policy towards the Arctic region: progress since 2008 and next steps (SWD(2012) 183 final, 26.6.2012)

Barcelona Convention for the protection of the Mediterranean

The Barcelona Convention of 1976, amended in 1995, and the Protocols drawn up in line with this Convention aim to protect and improve the marine and coastal environment in the Mediterranean, whilst promoting regional and national plans contributing to sustainable development.

Council Decision 77/585/EEC of 25 July 1977 concluding the Convention for the protection of the Mediterranean Sea against pollution and the Protocol for the prevention of the pollution of the Mediterranean Sea by dumping from ships and aircraft.

Council Decision 81/420/EEC of 19 May 1981 on the conclusion of the Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency.

Council Decision 83/101/EEC of 28 February 1983 concluding the Protocol for the protection of the Mediterranean Sea against pollution from land-based sources.

Council Decision 84/132/EEC of 1 March 1984 on the conclusion of the Protocol concerning Mediterranean specially protected areas.

Council Decision 2004/575/EC of 29 April 2004 on the conclusion, on behalf of the European Community, of the Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, concerning cooperation in preventing pollution from ships and, in cases of emergency, combating pollution of the Mediterranean Sea.

Council Decision 2010/631/EU of 13 September 2010 concerning the conclusion, on behalf of the European Union, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean.

SUMMARY

Decision 77/585/EEC enables the Community to accede to the Convention for the protection of the Mediterranean Sea against pollution (Barcelona Convention) and the Protocol for the prevention of pollution of the Mediterranean Sea by dumping from ships and aircraft. The purpose of these two instruments, together with the protocols to which the Community has subsequently acceded (by Decisions 81/420/EEC, 83/101/EEC, 84/132/EEC 2004/575/EC and 2010/631/EU), is to limit pollution in the Mediterranean region.

Barcelona Convention

The Convention for the protection of the Mediterranean Sea against pollution was adopted in Barcelona on 16 February 1976 and amended on 10 June 1995. Over time, its mandate has been widened to include planning and the integrated management of the coastal region.

The 22 Contracting Parties * to the Convention will individually or jointly take all appropriate measures to protect and improve the Mediterranean marine environment in order to contribute to sustainable development. In order to meet this objective, the Parties undertake to reduce, combat and, as far as possible, eliminate pollution in this area.

The main aims of the Convention consist of:

assessing and controlling pollution;
carrying out the sustainable management of natural marine and coastal resources;
integrating the environment into economic and soci al development;
protecting the marine environment and coastal regions through action aimed at preventing and reducing pollution and, as far as possible, eliminating it, whether it is due to activities on land or at sea;
protecting natural and cultural heritage;
strengthening solidarity between countries bordering the Mediterranean; and
contributing to improving quality of life.

The Convention encourages the Parties to:

introduce a system of cooperation and information to reduce or eliminate pollution resulting from a critical situation in the Mediterranean;
establish a continuous pollution monitoring system;
cooperate in the fields of science and technology;
work out appropriate procedures for the determination of liability and compensation for damage resulting from pollution deriving from violations of the provisions of the Convention;
draft procedures enabling them to monitor application of the Convention.

The Convention lays down mechanisms for the settlement of disputes and for arbitration to settle any disputes between the Parties on the interpretation or application of the Convention.

The United Nations Environment Programme (UNEP) carries out secretariat functions in the framework of the implementation of the Convention (convening and preparing meetings, coordination, etc.).

The Convention was amended in 1995. The main amendments concerned:

the extension of the Convention’s geographical field of application to the coast;
the application of the precautionary principle;
the application of the “polluter pays” principle;
the promotion of impact assessments;
the protection and preservation of biological diversity;
combating pollution from cross-border movements of dangerous waste;
access to information and public participation.

Protocol for the prevention of pollution of the Mediterranean Sea by dumping from ships and aircraft

The Protocol covers only pollution of the region of the Mediterranean Sea caused by ships and aircraft.

Dumping of certain types of waste and matter (toxic organohalogen and organosilicon compounds, mercury, cadmium, plastics, crude oil, etc.) is prohibited.

Dumping of other matter or types of waste (arsenic, lead, copper, zinc, chrome, nickel, containers, scrap metal, certain types of pesticides, etc.) is subject to the prior issue of a permit by the competent national authorities.

Such permits may be issued only after careful consideration of a number of factors (characteristics and composition of the matter, characteristics of dumping site and method of deposit, general considerations and conditions).

Ships and aircraft used for other than governmental and non-commercial purposes are excluded from the scope of the Protocol.

Since 1995, a number of amendments have been added to the Protocol. These amendments concern, in particular, the clarification of terms defined by the Protocol, waste or other matter authorised for dumping subject to the issue of a special permit, the ban on incineration at sea, and the procedure to follow in the event of a critical and exceptional situation.

Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency

This Protocol stipulates that the Parties will cooperate when a huge quantity of oil and/or other harmful substances in the Mediterranean Sea, whether accidental or cumulative, presents a serious and imminent danger to the marine environment, the coast or the economic, health or ecological interests of one or more Parties.

This cooperation focuses on drawing up emergency plans, promoting measures for combating oil pollution in the sea, monitoring and exchanging information regarding the state of the Mediterranean Sea, disseminating information on the organisation of resources and on new methods to prevent and combat pollution, and developing research programmes on the subject.

The Protocol requires all Parties facing a critical situation to carry out the necessary, precise evaluations concerning the nature and the size of the accident, take all measures likely to reduce or eliminate the effects of this pollution, and inform other Parties, either directly or through the Regional Centre for the Mediterranean Sea created by the Barcelona Convention, of these evaluations and actions undertaken.

Protocol for the protection of the Mediterranean Sea against pollution from land-based sources

The purpose of this Protocol is to combat pollution in the Mediterranean Sea caused by discharges from rivers, outfalls, canals or other watercourses, or pollution emanating from any other source or activity within the territory of the States Party to the Protocol.

The Protocol lists the substances of which discharge is prohibited, and the factors which should be taken into account in order to eliminate pollution from these substances. It also lists substances for which discharge is subject to authorisation by the competent national authorities. This authorisation must take particular account of the characteristics and composition of the waste, the characteristics of the elements in the waste in terms of harmfulness, the characteristics of the place where the waste is discharged and the marine environment it is entering, the techniques available to manage the waste, as well as possible damage to marine ecosystems and its effect on sea water usage.

The Protocol also stipulates cooperation regarding research and information, and the adoption of appropriate programmes, measures and standards aimed at reducing or eliminating the targeted substances.

Since 1996, a number of amendments have been added to the Protocol. These amendments concern, in particular, the application of the precautionary principle, the extension of the scope of the Protocol to airborne pollution of land-based origin, the regulatory system for waste discharge, the continued monitoring of pollution levels, and technical assistance to developing countries.

Protocol concerning specially protected areas and biological diversity in the Mediterranean

The Protocol concerning specially protected areas in the Mediterranean, to which the Community acceded in 1984, protects natural resources in the Mediterranean region, preserves the diversity of the gene pool and protects certain natural sites by creating a series of specially preserved areas.

The Protocol as amended in 1995 makes a distinction between specially protected areas (already provided for in the former Protocol) and specially protected areas of Mediterranean importance. It stipulates that the Parties develop guidelines for establishing and managing protected areas and lists a certain number of appropriate measures which the Parties must adopt, including:

prohibiting the discharge or unloading of waste;
regulating shipping operations;
regulating the introduction of any non-indigenous or genetically modified species;
any other measures protecting the ecological and biological processes and the countryside.

Furthermore, it introduces national or local measures which the Parties must take in order to protect animal and plant species throughout the Mediterranean area.

The Protocol also provides for exemptions to be granted because of traditional activities carried out by local populations. However, these exemptions must not compromise the preservation of the protected ecosystems, nor the biological processes making up these ecosystems, nor must they cause the extinction or a substantial fall in numbers of any species or animal or plant populations included within the protected ecosystems.

The annexes to the new Protocol include a list of common criteria which the Parties must respect when choosing which marine and coastal areas are to be protected under the system of specially protected areas of Mediterranean importance. The annexes also list threatened or endangered species as well as including a list of species whose exploitation is regulated.

Protocol concerning cooperation in preventing pollution from ships and, in cases of emergency, combating pollution of the Mediterranean Sea

This Protocol updates the legal mechanisms in the Barcelona Convention by incorporating in it measures concerning cooperation between Parties regarding prevention and, in cases of emergency, combating pollution in the Mediterranean caused by ships. It also endeavours to promote the development and implementation of international regulations adopted in the framework of the International Maritime Organization.

Cooperation focuses on maintaining and promoting emergency plans and other means for preventing and combating pollution from ships, adequate monitoring of the Mediterranean Sea, efforts to recover harmful and potentially dangerous substances, as well as disseminating and exchanging information.

The Protocol also stipulates operational measures which the Parties must take in the event of pollution caused by ships (evaluation, elimination/reduction, information measures), as well as emergency measures which must be taken on board ships, in offshore installations and in ports (in particular the availability of and compliance with emergency plans).

Protocol on Integrated Coastal Zone Management in the Mediterranean

This Protocol, which aims at establishing a common framework for Integrated Coastal Zone Management * (ICZM) in the Mediterranean, entered into force on 24 March 2011. It is the first instrument of international law to be entirely and solely devoted to ICZM.

ICZM has six aims:

sustainable development of coastal zones by rational planning of activities;
preservation of coastal zones;
sustainable use of natural resources;
preservation of ecosystems and coastlines;
prevention and reduction of natural disasters and climate change;
improvement of cooperation.

Furthermore, the Protocol defines the general principles of ICZM, the coordinating procedures required for its implementation, its founding pillars, and the instruments of ICZM.

Key terms of the Act

Contracting Parties: Albania, Algeria, Bosnia Herzegovina, Cyprus, the European Community, Croatia, Egypt, Spain, France, Greece, Israel, Italy, Lebanon, Libya, Malta, Morocco, Monaco, Montenegro, Slovenia, Syria, Tunisia, Turkey.
Integrated Coastal Zone Management: a dynamic process for the sustainable management and use of coastal zones, taking into account at the same time the fragility of coastal ecosystems and landscapes, the diversity of activities and uses, interactions between the latter, the maritime vocation of some of the latter, and their impact both on land and sea.

References

Decision 77/585/EEC

Decision 81/420/EEC

Decision 83/101/EEC

Decision 84/132/EEC

Decision 2004/575/EC

Decision 2010/631/EU

EU Strategy for the Baltic Sea Region

The communication aims to propose an overall EU Strategy for the Baltic Sea Region (EUSBSR). This strategy looks to strengthen cooperation in this region so as to respond to the common challenges it faces and to promote ecologically-responsible economic development.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions concerning the European Union Strategy for the Baltic Sea Region (COM(2009) 248 final of 10 June 2009).

KEY ELEMENTS

The strategy covers the European Union (EU) countries that border the Baltic Sea (Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden).

It is focused on three main objectives.

1.Save the sea: this objective concerns the Baltic Sea’s vulnerability to eutrophication (when there is an excess of nutrients in the water that creates an explosive growth of algae), pollution and over-fishing, for example, which place particularly high demands on cooperation within the region. This objective is also about achieving a good environmental status and biological diversity in the sea and making the Baltic Sea region a model region for clean and safe shipping.

2.Connect the region by making the energy and transport systems of the countries in the region more interconnected, including in the remotest areas (northern Finland and Sweden). It might also be about concrete partnerships for fighting cross-border crime, such as human trafficking, etc.

3.Increase prosperity by removing obstacles to the domestic market of the Baltic region, developing the common economic, cultural and touristic basics and encouraging innovation with the joint Baltic Sea research and development programme (BONUS).

Macro-regional approach

These three objectives are divided into a range of actions implemented in policy areas taking the form of macro-regional actions. These actions help in responding to the common challenges in an area (enable a sustainable environment, enhance the region’s prosperity, increase accessibility and attractiveness and ensure its safety and security).

The actions implemented therefore have an impact on the entire area beyond the borders of the countries covered.

They can take the form of:

—flagships actions designed to promote clean shipping methods or support SME growth, for example;
—joint initiatives involving several countries in an area to encourage networking and interconnectivity.

Methods of intervention

The European Structural Funds and Investment Fund (ESI) for 2014-20 are key funding sources of the strategy. However, the actions and projects under the strategy and its action plan can be funded by many other financial sources (Horizon 2020, BONUS programme, the LIFE programme, education and culture programmes, the Interreg Baltic Sea region programme, etc.), as well as national, regional and private sources.

Actions and projects in the transport, energy and information and communication technology (ICT) sectors may also become eligible for funding by the Connecting Europe Facility (CEF). In addition, some major projects could benefit from the support of international financial institutions, such as the European Investment Bank and the Nordic Investment Bank.

Governance

Given its macro-regional scope, implementing the strategy calls for the involvement of all stakeholders: civil society actors and regional, national and EU authorities.

An initial strategy had been proposed by the Commission in 2009 and adapted in 2012 to address the common macro-regional challenges faced by the Baltic area. A revised action plan of the strategy was presented in June 2015.

For further information, see the EU Strategy for the Baltic Sea Region website, including information on the 2015 action plan.

RELATED ACTS

Decision No 862/2010/EU of the European Parliament and of the Council of 22 September 2010 on the participation of the Union in a joint Baltic Sea research and development programme (BONUS) undertaken by several Member States (OJ L 256 of 30.9.2010, pp. 1-14).

Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the EU Strategy for the Baltic Sea Region (EUSBSR) (COM(2011) 381 final of 22 June 2011).

Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions concerning the added value of macro-regional strategies (COM(2013) 468 final of 27 June 2013).

Fisheries and aquaculture measures in the General Fisheries Commission for the Mediterranean (GFCM) area

Regulation (EU) No 1343/2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean

It lays down rules for conservation, management, exploitation, monitoring, marketing and enforcement measures for fishery and aquaculture products as established by the General Fisheries Commission for the Mediterranean (GFCM) in the Mediterranean Sea, Black Sea and connecting waters.
It applies to all commercial fishing and aquaculture activities, as well as to recreational fishing activities where specifically provided for, conducted by EU fishing vessels and nationals.
The regulation has been amended by Regulations (EU) 2015/2102 and (EU) 2019/982, generally to extend conservation, management and control measures in response to evolving conditions in the waters concerned.

Fisheries restricted areas

Fisheries restricted areas are in place to protect essential fish habitats, vulnerable marine ecosystems and deep-sea sensitive habitats.

Fishing with towed dredges and bottom trawl nets are prohibited in the following deep-sea fisheries restricted areas:

Lophelia reef off Capo Santa Maria di Leuca;
the Nile delta area cold hydrocarbon seeps;
the Eratosthenes Seamount.
Fishing with bottom trawl nets are prohibited in the following restrictive areas in the Strait of Sicily:

East of Adventure Bank;
West of Gela Basin;
East of Malta Bank.

Additional restrictions

Jabuka/Pomo Pit area in the Adriatic Sea: seasonal net restrictions, and fishing limited to authorised vessels;
restrictions in the Gulf of Lions;
spatial or temporal restrictions in the Alboran Sea and the Gulf of Gabès;
temporal closure and other measures in the Black Sea apply during the spawning season of turbot in the Black Sea;
fishing fleet capacity and fishing restrictions for blackspot seabream in the Alboran Sea;
dolphinfish fisheries using fish aggregating devices are prohibited from 1 January to 14 August;
minimum conservation reference size for Black Sea piked dogfish.

Fishing gear restrictions

The regulation outlines restrictions on:

mesh size and use of trawl nets and gill-nets fisheries in the Black Sea;
use of towed dredges and trawl nets fisheries.

Conservation and sustainable exploitation of red coral

The regulation outlines rules and restrictions including:

fishing authorisations;
minimum depth for harvesting;
minimum basal diameter of colonies;
permitted harvesting gear: only hammers to be usedby authorised persons;
temporal closures;
recording of catches;
landing of catches at designated ports only;
transhipment operations at sea prohibited.

Incidental catches

In the case of incidental catches, the following species have to be released unharmed and alive, as far as possible:

seabirds;
sea turtles;
monk seals;
cetaceans;
protected sharks and rays.
Any incidental catch must be recorded in an on-board logbook, with information on the circumstances, including gear type.

Management of small pelagic stocks in the Adriatic Sea

The reference fishing capacity for small pelagic stocks is established on the basis of the number of vessels officially listed by the EU countries concerned. National authorities must ensure that the overall fleet capacity does not at any time exceed this reference fishing capacity.

Register of authorised vessels

Before 1 December of each year, each EU country must supply a list of the vessels of more than 15 metres in length flying its flag and registered in its territory that it authorises to fish in the GFCM Agreement area.

Fishing authorisations

Lists of operating vessels with fishing authorisations must be communicated as regards: blackspot seabream in the Alboran Sea, demersal stocks in the Strait of Sicily, turbot in the Black Sea, red coral, dolphinfish, fishing in the Jabuka/Pomo Pit area.

Inspections in the Strait of Sicily

The regulation introduces an international joint inspection and surveillance scheme in international waters in the Strait of Sicily and details the procedures to follow for the conduct of inspections and the detection of infringements.

Non-EU vessels

EU countries can deny non-EU vessels access to port services, including refuelling and resupplying services, if the vessel does not comply with this regulation or is unauthorised.

Cooperation and information

The European Commission and EU countries must share information with the Executive Secretary of the GFCM, in particular by using relevant databases and requesting cooperation and cooperating to promote the effective implementation of the regulation.

The original regulation (EU) No 1343/2011 has applied since 19 January 2012.

Amending rules have applied since 28 November 2015 (Regulation (EU) 2015/2102 concerning the sustainable exploitation of red coral and mitigating incidental catches of seabirds, turtles, monk seals and cetaceans) and 10 July 2019 (Regulation (EU) 2019/982 minimising incidental catches of certain sensitive marine species and negative environmental impacts of fishing on marine habitats).

DOCUMENTS

Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 347, 30.12.2011, pp. 44-61)

Successive amendments to Regulation (EU) No 1343/2011 have been incorporated into the original text. This consolidated version is of documentary value only.

Regulation (EU) 2019/982 of the European Parliament and of the Council of 5 June 2019 amending Regulation (EU) No 1343/2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area (OJ L 164, 20.6.2019, pp. 1-22)

Regulation (EU) 2015/2102 of the European Parliament and of the Council of 28 October 2015 amending Regulation (EU) No 1343/2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area (OJ L 308, 25.11.2015, pp. 1-10)

Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, pp. 11-85). Text republished in corrigendum (OJ L 36, 8.2.2007, pp. 6-30)

Action plan for a maritime strategy in the Atlantic area

KEY POINTS

The action plan’s success depends on a combination of efforts in 3 areas so as to enable the blue economy to reach its potential.

Research: ocean governance, the sustainable exploitation and management of marine resources, safety at sea and marine environmental protection require not only data and an understanding of how ecosystems function and interact, but also an ability to model, forecast and predict.
Higher skills: the shortage of a suitably skilled workforce for certain sectors of the marine and maritime industry must be tackled if the blue economy is to reach its potential. This can be achieved both by upskilling the existing workforce and by attracting young people into the sector.
4 priorities have been identified.

1.Promote entrepreneurship and innovation by:

2.Protect, secure and develop the potential of the Atlantic marine and coastal environment, for example by:

facilitating the development of ports as hubs of the blue economy.

4.Create a socially inclusive and sustainable model of regional development by:

Further information is available from the European Commission’s Directorate-General for Maritime Affairs and Fisheries website.

RELATED ACT

EU strategy for the Adriatic and Ionian region

The Adriatic and Ionian region is home to more than 70 million people. The proposed European Union strategy for the Adriatic and Ionian region (Eusair) seeks to build upon the cooperation that already exists between its eight countries – four EU countries (Croatia, Greece, Italy and Slovenia) and four non-EU countries (Albania, Bosnia and Herzegovina, Montenegro and Serbia) – which have a shared history and geography.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions concerning the European Union strategy for the Adriatic and Ionian region (COM(2014) 357 final of 17.6.2014).

It sets out the needs and potential for smart, sustainable and inclusive growth in the Adriatic and Ionian region.
It urges these countries to work together on policy coordination and territorial cooperation.
It seeks to improve the region’s attractiveness, competitiveness and connectivity, while protecting its environment and ensuring healthy and balanced marine and coastal ecosystems.

Common challenges

Historically, the region has faced difficult economic and political circumstances, as well as conflict. Challenges that it faces include:

contrasting socioeconomic disparities between countries and regions;
weak transport infrastructure and poor accessibility;
inadequate interconnection of electricity grids and low investment in gas networks;
increased human use threatening marine and coastal ecosystems (e.g. the pressure of tourism on waste water infrastructure);
natural and man-made hazards and risks from climate change (e.g. more frequent forest fires);
need for capacity building (i.e. developing skills, abilities, processes, etc.) in national, regional and local administrations and bodies.

Action plan

The strategy is accompanied by an action plan. It expands the maritime dimension to include the region’s hinterland and is structured around four interdependent pillars, as described below.

1.Blue growth: to drive innovative maritime and marine growth by promoting sustainable economic development, jobs and business opportunities in the blue economy, including fisheries and aquaculture (i.e. fish-farming).

2.Connecting the region: improving the connectivity of transport and energy networks.

3.Environmental quality: cooperation to contribute to good environmental status for marine and coastal ecosystems, reducing marine pollution, mitigating and compensating soil sealing (i.e. the loss of soil resources due to the covering of land for housing, roads or other construction work), reducing air pollution and halting the loss of biodiversity and degradation of ecosystems.

4.Sustainable tourism: developing the region’s potential in terms of innovative, sustainable, responsible quality tourism by diversifying tourism products and services, along with tackling seasonality.

Climate change mitigation (reducing the risks of climate change to human life and property) and adaptation, as well as disaster risk management, are also incorporated within each of these pillars.

In addition, two cross-cutting aspects are identified, as follows.

Capacity building, including communication, for efficient implementation and for raising public awareness and support.
Research and innovation to boost high-skilled employment, growth and competitiveness. Cooperation within transnational networks can bring ideas to markets and help develop new products and services.

BACKGROUND

Building on the experience from the EU strategies for the Baltic Sea region and for the Danube region, the European Commission adopted this communication, which is accompanied by an action plan. The strategy incorporates the maritime strategy for the Adriatic and Ionian Seas, adopted by the Commission on 30 November 2012.

RELATED ACTS

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A maritime strategy for the Adriatic and Ionian Seas (COM(2012) 713 final of 30.11.2012).

Commission staff working document: Action plan accompanying the document ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions concerning the European Union strategy for the Adriatic and Ionian region’ (SWD(2014) 190 final of 17.6.2014).

Agreement on fishing and marine conservation in the Baltic area

Regulation (EC) No 439/2009 concluding the EU-Russia agreement on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea

EU-Russia agreement on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea

The agreement aims to ensure close cooperation between the EU and Russia based on fair and mutual benefit for the purpose of conservation, sustainable use and management of marine life that migrates between the exclusive fishing territories of the two parties (along with associated and dependant species) in the Baltic Sea.
It replaces and builds upon the Gdansk convention.
The regulation adopts the agreement on behalf of the European Community (now the EU).

Principles and procedures

The agreement ensures cooperation between the two parties where fish migrate between their respective exclusive economic zones* established under the United Nations Convention on the Law of the Sea. It sets out the principles and procedures for that cooperation which include:

joint management measures;
licensing arrangements;
compliance with conservation and management measures and other fisheries rules;
cooperation on control and enforcement measures;
inspections;
the arrest and detention of vessels;
scientific cooperation; and
cooperation for the conservation of anadromous and catadromous species*.

Joint Baltic Sea Fisheries Committee

The agreement requires the parties to establish a joint committee to ensure that the objectives of the agreement are achieved. It considers all aspects of the scope and application of the agreement and provides recommendations to the parties. In particular, the committee:

examines the development and dynamics of the fish stocks in the Baltic Sea and the fisheries making use of them;
supervises the implementation, interpretation and smooth operation of the agreement, in particular the rules on control, enforcement and inspection;
ensures cooperation on matters of common interest relating to fisheries;
serves as a forum for the amicable resolution of any disputes regarding the interpretation or application of the agreement.

The regulation and agreement have applied since 4 June 2009.

KEY TERMS

Exclusive economic zone: an area beyond and next to the territorial sea, for which the coastal country has special rights and jurisdiction.
Anadromous and catadromous species: marine life that moves between fresh and salt water for breeding.

DOCUMENTS

Council Regulation (EC) No 439/2009 of 23 March 2009 concerning the conclusion of the Agreement between the European Community and the Government of the Russian Federation on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea (OJ L 129, 28.5.2009, p.1)

Agreement between the European Community and the Government of the Russian Federation on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea (OJ L 129, 28.5.2009, pp. 2-7)

Council Decision 2004/890/EC of 20 December 2004 on the withdrawal by the European Community from the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and Belts (OJ L 375, 23.12.2004, p. 27)

Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, pp. 1-2)

United Nations Convention on the Law of the Sea and of the agreement on the implementation of Part XI thereof — United Nations Convention on the Law of the Sea (OJ L 179, 23.6.1998, pp. 3-134)

Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part — Protocol 1 on the establishment of a coal and steel contact group — Protocol 2 on mutual administrative assistance for the correct application of customs legislation — Final Act (OJ L 327, 28.11.1997, pp. 3-69)

Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts (OJ L 237, 26.8.1983, pp. 5-8)

Multiannual plan for fish stocks in the Western Waters and adjacent waters

Regulation (EU) 2019/472 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks

In accordance with the EU strategy for the marine environment and the United Nations Convention of 10 December 1982 on the Law of the Sea, it aims to:

manage fisheries in Western Waters;
restore and maintain populations of harvested species above levels which can produce maximum sustainable yield (MSY)*; and
avoid and reduce unwanted catches.
The EU fishing fleet concerned mainly includes vessels from Belgium, Germany, Ireland, Spain, France, the Netherlands, Portugal and the United Kingdom (1).

KEY POINTS

The regulation establishes a multiannual plan* for the fish stocks listed below, including deep-sea stocks, in specified areas of the Western Waters and adjacent waters:

black scabbardfish (Aphanopus carbo);
roundnose grenadier (Coryphaenoides rupestris);
seabass (Dicentrarchus labrax);
cod (Gadus morhua);
megrims (Lepidorhombus spp.);
anglerfish (Lophiidae);
haddock (Melanogrammus aeglefinus);
whiting (Merlangius merlangus);
hake (Merluccius merluccius);
blue ling (Molva dypterygia);
Norway lobster (Nephrops norvegicus);
red seabream (Pagellus bogaraveo);
plaice (Pleuronectes platessa);
pollack (Pollachius pollachius);
common sole (Solea solea).

The regulation also applies to by-catches* caught in the Western Waters when fishing for the stocks listed above.

The plan contributes to:

the common fisheries policy (CFP), in particular by applying a precautionary approach to fisheries management and ensuring that exploitation of fish stocks restores and maintains populations above levels which can produce maximum sustainable yield;
eliminating discarded fish by avoiding and reducing unwanted catches;
implementing the landing obligation for species with catch limits.
It takes an ecosystem-based approach* to fisheries management to minimise negative impacts of fishing on the marine ecosystem.

Target fishing mortality

The target fishing mortality, a range for which is set out for each species and area covered by the regulation, must be achieved as soon as possible, and progressively at least by 2020, and be maintained after this date. The ranges, based on scientific advice and subject to revision by the European Commission to take urgent account of changing circumstances, provide flexibility to react to situations linked to mixed fisheries and to contribute to the landing obligation.

Safeguards

Fishing opportunities are designed to ensure that there is less than a 5% probability of the spawning stock falling below the reference limit, and specific conservation measures are put in place when scientific advice is that a stock is under threat.

By-catch management

Management of by-catch stocks including, where appropriate, fishing opportunities takes into account the best available scientific advice, and the challenges arising from fishing all stocks at MSY at the same time, especially in situations where that leads to the authorities closing fisheries prematurely to conserve stocks.

Technical measures

The Commission is empowered to adopt delegated acts to supplement this regulation regarding the following technical measures:

specifications of (or modifications to) fishing gears (equipment) and rules on their use;
prohibition or limitation on fishing in specific areas;
prohibition or limitation on fishing or the use of certain types of fishing gear during specific time periods;
minimum conservation reference sizes of fish.
The Council determines each year the technical measures designed to control fishing for sole in the Western Channel.

Other provisions

When scientific advice indicates that recreational fishing is having a significant impact on fishing mortality of a stock the Council may set non-discriminatory limits for recreational fishing, based on transparent and objective criteria, including environmental, social and economic issues.

For each Western Waters zone each EU country issues fishing authorisations in accordance with Regulation (EC) No 1224/2009 for vessels flying its flag and which operate in that area. They may also limit the total capacity of such vessels using a specific gear. The Commission can set limits on the total fleet capacity of the country concerned.

Where stocks are also fished by non-EU countries, the EU will engage to ensure their sustainable management, and may exchange fishing opportunities.

BACKGROUND

Maximum sustainable yield (MSY): the highest theoretical amount (‘equilibrium yield’) that can be continuously taken on average from a stock under existing average environmental conditions without significantly affecting the reproduction process.

Multiannual plan: management plan for fisheries with the objective of ensuring fish stocks are exploited within safe biological limits.
By-catch (also ‘bycatch’): unwanted fish and marine species caught unintentionally.
Ecosystem-based approach: an integrated approach to managing fisheries which seeks to manage the use of natural resources while preserving both the biological wealth and the biological processes necessary to safeguard the composition, structure and functioning of the habitats of the ecosystem affected.
Fishing mortality: catches over a given period as a proportion of the average stock available to the fishery in that period.

DOCUMENTS

Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 (OJ L 83, 25.3.2019, pp. 1-17)It has applied since 26 March 2019.

Successive amendments to Regulation (EU) 2019/472 have been incorporated into the original document. This consolidated version is of documentary value only.

Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179, 16.7.2018, pp. 1-13)

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, pp. 1-50)

Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, pp. 19-40)

Fishing in the north-east Atlantic – rules on deep-sea stocks and international waters

Regulation (EU) 2016/2336 — rules protecting deep-sea fishing stocks

It seeks to ensure the sustainable exploitation of deep-sea stocks while reducing the environmental impact of these fisheries and improving the information base for scientific assessment through data collection.
It repeals and replaces Regulation (EC) No 2347/2002, which set the rules on managing European Union (EU) fishing opportunities (total allowable catch* and fishing effort management).

KEY POINTS

2 types of fishing authorisation are introduced for:
vessels that land more than 8 % of deep-sea species in any fishing trip and at least 10 tonnes in the calendar year concerned; and
vessels that have by-catches* of deep-sea species, which are subject to a flexibility of 15 % beyond 10 tonnes.

Fishing capacity is capped on the basis of the capacity of vessels that landed more than 10 tonnes of deep-sea species in 2009-2011.
Targeted deep-sea fisheries are confined to areas (known as the ‘footprint area’) where deep-sea fishing occurred in 2009-2011, i.e. before the European Commission proposal was submitted.
EU countries may submit to the Commission on behalf of their fishing fleets a request to conduct exploratory fishing outside the footprint area. Requests must be accompanied by an impact assessment and indicate the estimated duration of exploratory fisheries and the estimated number of vessels taking part and their capacity. The Commission sets the conditions for such fishing by means of implementing acts. The duration of exploratory fishing is limited to a maximum of 1 year (renewable once).

Vessels must report encounters* with vulnerable marine ecosystems (VMEs)* below a depth of 400 metres and move to an alternative area at least 5 nautical miles away from the area of encounter.

Deep-sea fishing with bottom trawls (i.e. gear designed to catch species on or near the bottom of the sea) below 800 metres from the water surface is banned.
Based on the outcome of an impact assessment and reported encounters, the Commission, by means of implementing acts and on the basis of scientific advice, can close areas with VMEs for deep-sea fishing with bottom gears.
The regulation introduces stricter rules including:
restrictions on transhipment,
real-time reporting on the use of quota,
follow-up of misreported catches,
specific control and inspection programmes,
higher multiplication factor for overfishing, and
the possibility for the Commission to adopt emergency measures, etc.

Quantities exceeding 100 kg of deep-sea species may only be landed in designated ports. The intention to land them must be notified at least 4 hours in advance and 1 hour in advance for vessels of not more than 12 metres.

A fishing authorisation can be withdrawn for at least 2 months in the event of non-compliance with its conditions regarding:
use of inappropriate fishing gear,
areas of operation and catch limits,
failure to take an observer on board.
It also sets out rules on data collection standards and requirements for observer coverage to ensure the collection of relevant, timely and accurate data on catches and by-catches of deep-sea species. Data should also be collected on encounters with VMEs of at least 20% for targeting vessels using bottom trawls and bottom-set gillnets and 10% coverage for other vessels. This coverage may be adapted by the Commission on the basis of scientific advice.
The above measures concern the EU waters and certain areas covered by the Fishery Committee for the Eastern Central Atlantic where EU vessels fish. In the North East Atlantic Fisheries Commission (NEAFC) area, the existing rules on fishing permits, designated ports and data collection continue to apply, as well as the increased observer coverage of 20 %.
The regulation’s impact will be evaluated 4 years after its entry into force to determine the extent to which its objectives have been achieved.

BACKGROUND

The EU’s common fisheries policy was reformed and a new basic regulation (Regulation (EU) No 1380/2013) entered into force on 1 January 2014 and will cover the period up to 2020. Among other things, it introduced a landing obligation as well as an obligation for all stocks in EU waters to be managed sustainably.
Deep-sea fishing in the north-east Atlantic is carried out both in EU waters and in international waters governed by agreements within the NEAFC. The economy of a number of fishing communities depends, to a certain extent, on deep-sea fisheries. This fishing is dominated by traditional coastal fleets and large nomadic trawlers and accounts for about 1 % of landings from the north-east Atlantic. Due to depleted stocks, both catches and jobs in the fishing communities concerned have declined.

KEY TERMS

Total allowable catch: the catch limit set for a given fishery.

By-catch: unwanted fish and marine species caught unintentionally.

Encounter: catches of such quantities of VME indicator species that are above the threshold levels.

Vulnerable marine ecosystem (VME): marine ecosystems which risk being damaged because of their physical and functional fragility.

Transhipment: the transfer of a catch from a smaller fishing boat to a larger one which then incorporates it into a larger batch for shipment.

DOCUMENTS

Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002 (OJ L 354, 23.12.2016, pp. 1-19)

Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, pp. 1-14).

Successive amendments to Regulation (EU) No 1367/2014 have been incorporated in to the original document. This consolidated version is of documentary value only.

Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 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, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, pp. 1-165)

Council Regulation (EU) 2016/2285 of 12 December 2016 fixing for 2017 and 2018 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks and amending Council Regulation (EU) 2016/72 (OJ L 344, 17.12.2016, pp. 32–45)

Future international cooperation in north-east Atlantic fisheries

Regulation (EU) No 1236/2010 control and enforcement system for the north-east Atlantic fisheries area

Convention on cooperation in north-east Atlantic fisheries

It aims to promote international cooperation on the conservation, control and good management of the fisheries in the north-east Atlantic area.

It enacts the Convention on Multilateral Cooperation in North-East Atlantic Fisheries which sets out rules for cooperation on the conservation and management of fisheries.

In particular, the regulation implements the NEAFC Scheme of Control and Enforcement, which provides for

control and enforcement measures for vessels flying the flag of its contracting parties;
arrangements for inspections at sea;
surveillance; and
infringement procedures.

KEY POINTS

The scheme creates a new port state control system which will effectively close European ports to landings and transhipments* of frozen fish which have not been verified to be legal.

EU countries must:

designate a competent authority which acts as the contact point to receive surveillance and inspection reports, available 24 hours a day;
send the European Commission a list of all vessels flying their flag registered in the EU that are authorised to fish in the area covered by the regulation;
undertake to retrieve on a regular basis lost fishing gear belonging to vessels flying their flag.
Vessel masters must:

log each entry and exit from the regulatory area*, the estimated cumulative catch, the amount of fish discarded, and the fishing depth;
send catch reports to their Fisheries Monitoring Centre*, which can then be accessed by the Commission.
Masters of vessels which process and/or freeze their catch must record the species and type of product and stow fish products in the hold in a way that allows each species to be identified from a stowage plan kept on board. When frozen, all fish must be identified with a clearly legible label or stamp.

When more than 10 EU fishing vessels are engaged in fishing activities* carried out in the regulatory area, an inspection vessel will be present.

Each EU country must inspect at least 5% of landings or transhipments of fresh fish and at least 7.5% of frozen fish in its ports during each reporting year.

When inspectors find that a fishing vessel has engaged in activity contrary to NEAFC conservation and management measures, they shall record and report the infringement.

Serious infringements include:

fishing without authorisation;
fishing without quota;
using prohibited fishing gear;
misrecording catches;
falsifying the marking or identity of vessels;
preventing an inspector from carrying out their duties.
EU countries’ inspectors must also report any unauthorised vessels they record to the Commission.

It has applied since 1 January 2011.

BACKGROUND

The north-east Atlantic is one of the most abundant fishing areas in the world. The Convention on Multilateral Cooperation in North East Atlantic Fisheries entered into force in November 1982. The contracting parties to the Convention are the EU, the Faroe Islands, Greenland, Iceland, Norway and the Russian Federation, and the area covered stretches from the southern tip of Greenland, east to the Barents Sea and south to Portugal.

In 2006, the North-East Atlantic Fisheries Commission (NEAFC) adopted a recommendation establishing a scheme of control and enforcement on fishing vessels operating in the area covered by the Convention.

It also included rules for vessels flying the flag of a non-contracting party to ensure full respect of conservation and management measures adopted by the NEAFC.

The NEAFC has recommended removing a number of vessels that have been engaged in illegal, unreported and unregulated fisheries.

Similar rules are in force in EU waters under the common fisheries policy.

KEY TERMS

Transhipment: the transfer of a catch from one fishing boat to another which then incorporates it into a larger batch for shipment.
Regulatory area: the waters covered by the convention which lie beyond the jurisdiction of the contracting parties. See map.
Fisheries Monitoring Centre: an operational centre based in an EU country which can receive, process and transmit fisheries data.
Fishing activities: fishing, fish processing operations, the transhipment or landing of fish or fish products, and any other commercial activity in preparation for or related to fishing, including packaging, transporting, refuelling or resupplying.

DOCUMENTS

Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999 (OJ L 348, 31.12.2010, pp. 17-33)

Successive amendments to Regulation (EU) No 1236/2010 have been incorporated into the original document. This consolidated version is of documentary value only.

Convention on future multilateral cooperation in North- East Atlantic fisheries (OJ L 227, 12.8.1981, pp. 22-35)

Council Regulation (EU) No 2018/120 of 23 January 2018 fixing for 2018 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, and amending Regulation (EU) 2017/127 (OJ L 27, 31.1.2018, pp. 1-168)

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on External Dimension of the Common Fisheries Policy (COM(2011) 424 final, 13.7.2011)

Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (OJ L 227, 12.8.1981, p. 21)