Overwegingen bij COM(2024)506 - - Hoofdinhoud
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| dossier | COM(2024)506 - . |
|---|---|
| document | COM(2024)506 |
| datum | 31 oktober 2024 |
(2) The total allowable catches (TACs) should therefore be established, in accordance with Article 3 of the Basic Regulation, on the basis of available scientific advice, taking into account biological and socio-economic aspects, while ensuring fair treatment between fishing sectors, and in the light of opinions expressed during the consultation of stakeholders.
(3) Under Article 15 of the Basic Regulation, all stocks for which there are catch limits have been subject to the landing obligation since 1 January 2019, although certain exemptions apply. On the basis of joint recommendations by the Member States and pursuant to Article 15 of the Basic Regulation, the Commission has adopted delegated acts laying down details for the implementation of the landing obligation for certain fisheries.
(4) Fishing opportunities for stocks covered by the landing obligation should take account of the fact that discarding is in principle no longer allowed. Therefore, they should be based on the advice figure for total catches as provided by the International Council for the Exploration of the Sea (ICES). The quantities that, by way of exemption from the landing obligation, may continue to be discarded should be deducted from that advice figure for total catches. Moreover, fishing opportunities for stocks for which ICES provides only landings advice, should be set on the basis of that advice.
(5) Regulation (EU) 2018/973 of the European Parliament and of the Council34 established a multiannual plan (‘MAP’) for the North Sea (‘the North Sea MAP’) and Regulation (EU) 2019/472 of the European Parliament and of the Council35 established a MAP for the Western Waters (‘the Western Waters MAP’). The North Sea and Western Waters MAPs set out targets and measures for the long-term management of stocks covered by those MAPs. Fishing opportunities for stocks listed in Article 1(1) of those Regulations (‘target stocks’) should be fixed in accordance with the range of fishing mortality values resulting in maximum sustainable yield (MSY) (‘ranges of FMSY’), or at a lower level, and in accordance with the safeguards provided for in those Regulations. The ranges of FMSY are set out in the relevant ICES advice. Where no adequate scientific information is available, fishing opportunities for target stocks or stocks referred to in Article 1(4) of those Regulations (‘by-catch stocks’) should be fixed in accordance with the precautionary approach, as set out in those Regulations.
(6) Pursuant to Article 4(6) of the North Sea MAP and Article 4(7) of the Western Waters MAP, fishing opportunities for target stocks should be fixed to ensure that there is less than 5% probability of the biomass falling below the limit biomass reference point (Blim)36.
(7) In accordance with Article 7 of the North Sea MAP and Article 8 of the Western Waters MAP, where scientific advice indicates that the spawning stock biomass of any of the target stocks is: (i) below MSY Btrigger37, remedial measures are to be taken, in particular the fishing opportunities should be fixed at a level corresponding to the fishing mortality that is reduced proportionally to take into account the decrease in the biomass; and (ii) below Blim, further remedial measures are to be taken to ensure the rapid return of the stock to levels above those capable of producing MSY. In particular, those remedial measures can include suspending the targeted fishery for the stock in question and the adequate reduction of fishing opportunities for those or other stocks in the fisheries.
(8) There are certain stocks for which ICES advises zero catches or low catches, or ICES forecasts that a less than 5% probability of the biomass falling below below Blim could: (i) only be achieved with low catches; (ii) only be achieved with zero catches; or (iii) not be achieved with zero catches. However, if TACs for those stocks were established at the levels advised by ICES, the obligation to land all catches, including bycatches, from those stocks in mixed fisheries, would give rise to the phenomenon of ‘choke species’. ‘Choke species’ are species with a lack of quota that can cause one or more fishing vessels to stop fishing even if they still have quota for other species. Pursuant to Article 5(3) of the North Sea and Western Waters MAPs and Article 16(4) of the Basic Regulation, in conjunction with Article 2(1) and (5), points (c) and (f), of that Regulation and in order to strike a balance between maintaining fisheries, in view of the potentially severe socio-economic implications of failing to do so, and the need to achieve a good biological status for those stocks, taking account of the difficulty of fishing all stocks in a mixed fishery at MSY, it is appropriate to establish specific TACs for by-catches for those stocks. Those by-catch TACs should be set at levels that ensure that the mortality for those stocks is decreased and/or that their biomass remains stable and that provide incentives to improve selectivity and avoid by-catches of those stocks. In order to reduce catches of the stocks for which by-catch TACs are set, fishing opportunities for the fisheries in which fish from those stocks are caught should be set at levels that help the biomass of vulnerable stocks to recover to sustainable levels.
(9) In order to guarantee, to the extent possible, the use of fishing opportunities in mixed fisheries in accordance with Article 16(2) of the Basic Regulation, it is appropriate to establish a pool for quota exchanges for Member States that have no quota to cover their unavoidable by-catches.
(10) In accordance with Articles 2(2) and 16(4) of the Basic Regulation, for stocks that are not covered by the North Sea MAP or the Western Waters MAP, where adequate scientific information is available, fishing opportunities should be fixed in line with the MSY fishing mortality and, where such information is not available, fishing opportunities should be fixed in line with the precautionary approach to fisheries management, as defined in Article 4(1), point (8), of the Basic Regulation.
(11) For certain stocks, ICES advice remains valid for several years and that advice remains the best available scientific advice for the entire advice period. In those cases, annual TACs covering the entire advice period should be set (‘multiannual TAC’). However, if new ICES advice becomes available during that period, it should be ensured that the multiannual TAC remains consistent with the new advice. Moreover, it should be ensured that the annual deductions from the advice figure for total catches to take account of exemptions from the landing obligation remain consistent with the available data.
(12) According to the ICES advice for 2025, the biomass of European seabass (Dicentrarchus labrax) in ICES divisions 8a and 8b is forecast to decrease further in 2024 and to remain below MSY Btrigger but above Blim. Therefore, in accordance with Article 8(1) of the Western Waters MAP, France and Spain are jointly to ensure that, when determining their quotas for commercial fisheries for that stock, the sum of commercial landings, commercial discards, recreational landings and recreational discards is below the FMSY point value38 for total removals, as reduced proportionally to take into account the decrease in the biomass. In order to allow the Commission to monitor the correct application of the objectives and rules set out in the Basic Regulation and in the the Western Waters MAP, Member States should submit to the Commission information regarding those quotas.
(13) Additional measures for recreational fisheries for European seabass in ICES divisions 8a and 8b should be maintained, in view of the significant impact of recreational fisheries on the biomass of that stock and taking into account the decreased biomass.
(14) There are certain stocks for which ICES advises catches above a low level. However, if TACs for those stocks were established at those levels, the obligation to land all catches, including by catches from those stocks in mixed fisheries, would give rise to the phenomenon of ‘choke species’ and the premature closure of certain fisheries. Pursuant to Article 5(3) of the North Sea and Western Waters MAPs and Article 16(4) of the Basic Regulation, in conjunction with Article 2(1) and (5), points (c) and (f), of that Regulation and in order to strike a balance between maintaining fisheries, in view of the potentially severe socio-economic implications of failing to do so, and the need to achieve a good status for those stocks, taking account of the difficulty of fishing all stocks in a mixed fishery at MSY, it is appropriate to establish specific TACs for by-catches for those stocks. Those by-catch TACs should be fixed based on evidence demonstrating that setting the TACs at the level advised by ICES would both lead to the premature closure of one or more fisheries and have a potentially severe socio-economic impact. In addition, those by-catch TACs should be set at levels that: (i) reduce the phenomenon of ‘choke species’ and the premature closure of certain fisheries; (ii) reduce the associated socio-economic impacts; and (iii) reduce the fishing mortality for those stocks and / or ensure that their biomass remains stable; and (iv) provide incentives to improve selectivity and avoid by-catches of those stocks.
(15) [According to scientific advice, recreational catches of pollack in ICES subareas 8, 9, 10 and Union waters of CECAF 34.1.1 are non-negligible. It is therefore appropriate to maintain limits to its recreational fishery in those areas. In order to protect the spawning grounds and limit juvenile catches, no specimen of pollack may be caught and retained from 1 January to 30 April in recreational fisheries, while the maximum of two specimens could be allowed for the remaining part of the year.]
(16) [The recital and the relevant provisions will be updated after publication by ICES of its scientific advice for European eel for 2025.] [In May 2022, ICES noted that despite Member States’ efforts for the recovery of European eel (Anguilla anguilla), no overall progress had been made in achieving the 40 % silver eel biomass escapement objective across the entire Union, as required by Article 2(4) of Council Regulation (EC) No 1100/200739, and that no clear patterns for mortality were observed. In November 2023, ICES advised once again that, when the precautionary approach is applied, there should be zero catches of European eel in all habitats and at all life stages, throughout its natural range, which includes the north-east Atlantic and the Mediterranean. This concerns both recreational and commercial catches and includes catches of glass eels for restocking and aquaculture.]
(17) [The recital and the relevant provisions will be updated after publication by ICES of its scientific advice for European eel for 2025.] [Council Regulation (EU) 2023/19440 extended to six months the closure period for any commercial eel fishing activity in Union marine and brackish waters of the north-east Atlantic. It also prohibited all recreational eel fisheries in those waters. It was considered that a six-month closure period would better protect the stock than the Union and national measures implemented until 2022. It was also considered that the extended closure period would further the achievement of the escapement objective of at least 40 % of silver eels set out in Article 2(4) of Regulation (EC) No 1100/2007. Council Regulation (EU) 2024/25741 maintained those measures while clarifying the criteria for setting the closure period and the possible derogation for continued limited eel fisheries during the eel migration period. Given the continued critical state of the European eel, it is appropriate to maintain those measures in 2024.]
(18) [The recital and the relevant provisions will be updated after publication by ICES of its scientific advice for European eel for 2025.] [Pursuant to Regulation (EC) No 1100/2007, restocking of glass eel is a conservation measure chosen by certain Member States in their eel management plans. In order to enable those Member States to continue implementing that measure, glass eel catches in Union marine and brackish waters of the north-east Atlantic at the appropriate time of the year and possibly during their main migration period or periods may be required. Therefore, Member States may allow continued glass eel fishing exclusively for restocking for an additional 50 days during the main migration period or periods of glass eel.]
(19) In its advice for certain stocks of elasmobranchs (skates, sharks, rays), ICES recommends zero catches, due to their poor conservation status or where even limited fishing activity could give rise to a serious conservation risk. In addition, such elasmobranchs have high survival rates when discarded. Consequently, catches of those stocks should be discarded rather than landed, as discarding is not considered to raise significantly their fishing mortality and would even support the conservation of those stocks. Therefore, fishing of such species should be prohibited because, pursuant to Article 15(4), point (a), of the Basic Regulation, the landing obligation does not apply to species for which fishing is prohibited. When accidentally caught, those species should not be harmed and should be promptly released.
(20) In order to maximise the use of fishing opportunities, it is appropriate to allow for the implementation of a flexible arrangement between certain TAC areas where the same biological stock is concerned.
(21) Articles 3 and 4 of Council Regulation (EC) No 847/9642 provide for year-to-year flexibility for quotas for stocks subject to both precautionary and analytical TACs. Under Article 2 of that Regulation, when fixing TACs, the Council is to decide to which stocks Articles 3 and 4 of that Regulation are not to apply, in particular on the basis of their biological status. Moreover, Article 15(9) of the Basic Regulation provides for further year-to-year flexibility for all stocks that are subject to the landing obligation. In order to avoid excessive flexibility that would undermine the achievement of the objectives of the CFP, year-to-year flexibility for quotas pursuant to Articles 3 and 4 of Regulation (EC) No 847/96 and Article 15(9) of the Basic Regulation should not apply cumulatively. Finally, year-to-year flexibility under Article 15(9) of Regulation (EU) No 1380/2013 should, where relevant, be excluded on the basis of the biological status of stocks.
(22) Where a TAC is allocated to one Member State only, it is appropriate to empower that Member State to fix that TAC, in accordance with Article 2(1) of the Treaty on the Functioning of the European Union (TFEU). Such empowerment is appropriate, provided that, when determining the TAC level, the Member State complies with the objectives and rules set out in the Basic Regulation and in the the North Sea and Western Waters MAPs. In order to allow the Commission to monitor the correct application of the objectives and rules set out in the Basic Regulation and in the the North Sea and Western Waters MAPs, Member States should submit to the Commission information regarding those TACs. In addition, the Commission may request the Scientific, Technical and Economic Committee for Fisheries (STECF) to assess those TACs, and in the event that the STECF assesses those TACs not to comply with objectives and rules set out in the Basic Regulation and in the North Sea and Western Waters MAPs, Member States should revise the TACs in line with the STECF advice.
(23) It is necessary to establish the fishing effort limitations for sole in the Western Channel (ICES division 7e) in accordance with Article 12 of the Western Waters MAP.
(24) It is necessary to establish the fishing effort ceilings for 2025 in accordance with Articles 6, 11, 13 and 16 of Regulation (EU) 2023/2053 of the European Parliament and of the Council43.
(25) The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/200944, and in particular to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort, and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending the Commission data on landings of stocks subject to this Regulation.
(26) [The recital and the relevant provisions will be updated after the NEAFC annual meeting.] [At its 2023 annual meeting, the North-East Atlantic Fisheries Commission (NEAFC) confirmed for 2024 the conservation measures for the two redfish (Sebastes mentella) stocks (shallow pelagic and deep pelagic) in the Irminger Sea and adjacent waters, prohibiting directed fisheries of those stocks and prohibiting refuelling and any support activities. In addition, in order to minimise by-catches, the NEAFC prohibited fishing activities in the area where redfish aggregates. Those measures should be implemented in Union law.]
(27) [The recital and the relevant provisions will be updated after the NEAFC annual meeting.] [Mackerel (Scomber scombrus), blue whiting (Micromesistius poutassou) and Atlanto‑Scandian herring (Clupea harengus) in the north-east Atlantic are subject to coastal States consultations on the fisheries management for those stocks, and are stocks that are also managed by the NEAFC. The Union participated in those consultations on the basis of the positions endorsed by the Council on 5 October 2023. The outcome of those consultations was documented in Agreed Records for Atlanto-Scandian herring in the north-east Atlantic for 2024 signed on 13 October 2023, for blue whiting in the north-east Atlantic for 2024 signed on 18 October 2023, and for mackerel in the north-east Atlantic for 2024 also signed on 18 October 2023. At its 42nd annual meeting in 2023, the NEAFC adopted recommendations on conservation and management measures for Atlanto‑Scandian herring and mackerel for 2024. The NEAFC did not adopt a recommendation on conservation and management measures for blue whiting for 2024. It is therefore appropriate to set the TACs for Atlanto-Scandian herring and mackerel in the north-east Atlantic at the level of fishing opportunities agreed in the respective coastal States Agreed Records and NEAFC recommendations. It is also appropriate to set the TAC for blue whiting in the north-east Atlantic at the level of the fishing opportunities set out in the coastal States Agreed Record for blue whiting and in line with the Union position expressed in the NEAFC.]
(28) [The recital and the relevant provisions will be updated after the ICCAT annual meeting.] [At its 2023 annual meeting, the International Commission for the Conservation of Atlantic Tunas (ICCAT) agreed to maintain for 2024 the TACs set for 2023 for Eastern Atlantic bluefin tuna (Thunnus thynnus), Mediterranean albacore and South albacore (Thunnus alalunga), Mediterranean, and North and South Atlantic swordfish (Xiphias gladius), blue marlin (Makaira nigricans), white marlin (Tetrapturus albidus), yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus), as well as the retention allowance for South Atlantic shortfin mako (Isurus oxyrinchus). The ICCAT also set for 2024 TACs for North Atlantic albacore of 47 251 tonnes, for North and South Atlantic blue shark (Prionace glauca) of 30 000 and 27 711 tonnes, respectively. Those measures should be implemented in Union law.]
(29) [The recital and the relevant provisions will be updated after the CCAMLR annual meeting.] [At its 2023 annual meeting, the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted catch limits for target and by-catch species for the period from 1 December 2023 to 30 November 2024. Those measures should be implemented in Union law.]
(30) At its 2024 annual meeting, the Indian Ocean Tuna Commission (IOTC) maintained measures adopted for yellowfin tuna and bigeye tuna in the IOTC Area of Competence for 2025: (i) the catch limit; (ii) the limitation of fishing capacity; and (iii) the limitation of fish aggregating devices (FADs) and of supply vessels. Those measures should be implemented in Union law.
(31) The annual meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) is scheduled for 17 to 21 February 2025. Consequently, the current measures in the SPRFMO Convention area that are functionally linked to the TACs should be temporarily maintained until the annual meeting takes place and the 2025 TACs are established.
(32) [The recital and the relevant provisions will be updated after the IATTC annual meeting.] [At its 2023 annual meeting, the Inter-American Tropical Tuna Commission (IATTC) decided to maintain the current measures applicable in the IATTC Convention area. Those measures should be implemented in Union law.]
(33) [The recital and the relevant provisions will be updated after the CCSBT annual meeting.] [At its 2023 annual meeting, the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) adopted the TAC for Southern bluefin tuna (Thunnus maccoyii) for a three‑year period from 2024 to 2026. That measure should be implemented in Union law.]
(34) [The recital and the relevant provisions will be updated after the SEAFO annual meeting.] [At its 2023 annual meeting, the South East Atlantic Fisheries Organisation (SEAFO) decided to maintain for 2024 the TACs in the SEAFO Convention area set for 2023.]
(35) [The recital and the relevant provisions will be updated after the WCPFC annual meeting.] [The 2023 annual meeting of the Western and Central Pacific Fisheries Commission (WCPFC) was held from 4 to 8 December 2023. Pending availability of the outcome of that meeting, current measures in the WCPFC Convention area that are functionally linked to the TACs and the maximum numbers of fishing vessels should be provisionally maintained until those measures for 2024 become available.]
(36) [The recital and the relevant provisions will be updated after the NAFO annual meeting.] [At its 45th annual meeting in 2023, the Northwest Atlantic Fisheries Organisation (NAFO) adopted fishing opportunities for certain stocks in the NAFO Convention area for 2024. It also adopted certain measures for 2024 that are functionally linked to the fishing opportunities of shortfin squid (Illex illecebrosus) in NAFO subareas 3 and 4 and yellowtail flounder (Limanda ferruginea) in NAFO divisions 3LNO, aiming at minimising the levels of by-catches of non-target species and without which the fishing opportunities for those stocks would have to be reduced to protect the non-target species. Those measures should be implemented in Union law.]
(37) At its 2024 annual meeting, the Southern Indian Ocean Fisheries Agreement (SIOFA) revised the fishing opportunities for toothfishes (Dissostichus spp.) in the Del Cano area. Although SIOFA did not adopt the Scientific Committee’s recommendation to establish a new management area for toothfishes in the South Indian Ridge area and a catch limit, the Union should apply those measures in line with that recommendation and its position expressed in SIOFA. SIOFA also updated the list of deep-water sharks for which directed fishing in the SIOFA Agreement Area is prohibited. Those measures should also be implemented in Union law.
(38) Under Article 498(2) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part45 (the ‘Trade and Cooperation Agreement’), the Union and the United Kingdom are to hold annual consultations to agree, by 10 December of each year, the TACs for the following year for the stocks listed in Annex 35 to the Trade and Cooperation Agreement. If such TACs are not agreed on by 10 December, the Parties are to immediately resume consultations with the continued aim of agreeing on the TACs, as required by Article 499(1) of the Trade and Cooperation Agreement.
(39) [The recital and the relevant provisions will be updated after the conclusion of consultations between the Union and the United Kingdom.] [In 2023, the Union and the United Kingdom held bilateral consultations on the setting of a large number of TACs for 2024 for stocks listed in Annex 35 to the Trade and Cooperation Agreement. Those consultations were conducted pursuant to Article 498(2), (4) and (6) of the Trade and Cooperation Agreement. The Union participated in those consultations on the basis of specifications to the Union position endorsed by the Council on 12 October 2023 and subsequent supplementary non-papers, pursuant to Article 2 of Council Decision (EU) 2021/187546. The outcome of those consultations was documented in a Written Record signed on 6 December 2023 and supplemented by an addendum on 8 December 2023. The relevant fishing opportunities should therefore be fixed at the level set out in that Written Record. The other measures functionally linked to the fishing opportunities also set out in that Written Record should be implemented in Union law.]
(40) [The recital and the relevant provisions will be updated after the conclusion of consultations between the Union, the United Kingdom and Norway.] [In 2023, the Union, the United Kingdom and Norway held trilateral consultations on six shared and jointly managed stocks occurring within the areas under the jurisdiction of the three parties, with the aim to agree on the management of those stocks including the fishing opportunities for 2024. Those consultations were conducted between 3 November and 8 December 2023, on the basis of the Union position endorsed by the Council on 12 October 2023 and subsequent supplementary non-papers. The outcome of the consultations was documented in an Agreed Record, signed by the Head of Delegations on 8 December 2023. The relevant fishing opportunities should be set at the level agreed with the United Kingdom and Norway, together with the other provisions of that Agreed Record.]
(41) [The recital and the relevant provisions will be updated after the conclusion of consultations between the Union and Norway.] [The Union held bilateral consultations with Norway on one shared and jointly managed stock in the Skagerrak area (whiting), with the aim to agree on the management of this stock and fishing opportunities for 2024, as well as exchange of quotas and access arrangements. Those consultations were conducted between 30 October and 8 December 2023, on the basis of the Union position endorsed by the Council on 12 October 2023. The outcome of the consultations was documented in Agreed Records. The relevant fishing opportunities should be set at the level agreed with Norway, together with the other provisions of that Agreed Records.]
(42) [The recital and the relevant provisions will be updated after the conclusion of consultations between the Union, and the Government of Greenland and the Government of Denmark.] [In accordance with the procedure provided for in the Sustainable Fisheries Partnership Agreement between the European Union, of the one part, and the Government of Greenland and the Government of Denmark, of the other part, and the Protocol implementing that Agreement47, the Joint Committee established the level of fishing opportunities available for the Union in Greenland waters in 2024. The level of fishing opportunities available for the Union in Greenland waters in 2024 was documented in the minutes of the Joint Committee meeting held from 21 to 23 November 2023 in Brussels. The relevant fishing opportunities should therefore be fixed at the level set out in those minutes, and taking into account the transfers to Norway under the annual exchange of fishing opportunities. The level of the fishing opportunities established for shrimp (Pandalus borealis) in Greenland waters of ICES subareas 5 and 14 does not include a reserve of 150 tonnes to be considered as set out in the Agreed Record of the fisheries consultations between the Union and Norway for 2024.]
(43) The Treaty of 9 February 1920 relating to Spitsbergen (Svalbard) (1920 Treaty of Paris) grants equal and non-discriminatory access to resources around Svalbard for all parties to that Treaty, including with respect to fishing. The Union’s position concerning that access has been outlined in several notes verbales to Norway, with the most recent being dated 26 February 2021, 28 June 2021 and 1 August 2022. As regards the fishing opportunities for snow crab (Chionoecetes spp.) around Svalbard, it is appropriate to limit the number of fishing vessels that are authorised to conduct such fishing activities, ensuring that the exploitation of snow crab around Svalbard is consistent with non-discriminatory management rules set by Norway, which holds sovereignty and jurisdiction in the area in accordance with the relevant provisions of the United Nations Convention on the Law of the Sea and the 1920 Treaty of Paris. The allocation of such fishing opportunities among Member States is limited to 2025. In the Union, the primary responsibility for ensuring compliance with applicable law lies with flag Member States.
(44) [The recital and the relevant provisions on stocks in the north-east Arctic will be updated once the relevant information becomes available.] [As regards the fishing opportunities for cod in the north-east Arctic, it is appropriate to set the Union quota for cod in Svalbard waters and international waters of ICES subarea 1 and division 2b based on the reference TAC for that stock and the Union’s historic fishing rights. That Union quota should be allocated to the Member States in accordance with Council Decision 87/277/EEC48, subject to the adaptations necessary due to the withdrawal of the United Kingdom from the Union as set out in Annex 36, table E, to the Trade and Cooperation Agreement.]
(45) [The recital and the relevant provisions on fishing opportunities in Union waters to fishing vessels flying the flag of Venezuela to be updated once the relevant information becomes available.] [In accordance with the Union’s Declaration addressed to the Bolivarian Republic of Venezuela on the granting of fishing opportunities in Union waters to fishing vessels flying the flag of Venezuela in the exclusive economic zone off the coast of French Guiana, approved on behalf of the Union by Council Decision (EU) 2015/156549, it is necessary to fix the maximum number of fishing authorisations for snapper available to Venezuela in Union waters.]
(46) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to authorise individual Member States to manage fishing effort allocations in accordance with a kilowatt per day system, to grant additional days at sea for the permanent cessation of fishing activities and for enhanced scientific observer coverage and to establish spreadsheet formats for the collection and transmission of information on transfers of days at sea between fishing vessels flying the flag of a Member State. The Commission should exercise those powers in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council50.
(47) To ensure continuous application and prevent legal uncertainty during the period between the end of the year and the date of entry into force of the Regulation fixing the fishing opportunities for the subsequent year, the provisions of this Regulation concerning prohibitions and closed seasons should continue to apply at the beginning of 2026 until the entry into force of the Regulation fixing the fishing opportunities for 2026. For the same reasons, provisions applying from 1 January 2025 to 31 December 2026 should continue to apply at the beginning of 2027 until the entry into force of the Regulation fixing the fishing opportunities for 2027.
(48) To avoid the interruption of fishing activities and safeguard the livelihood of fishers, this Regulation should apply from 1 January 2025. However, provisions on fishing effort limits should apply from 1 February 2025. For reasons of urgency and to provide legal certainty as soon as possible, this Regulation should enter into force on the day of its publication.
(49) Certain international measures that create or restrict fishing opportunities for the Union were adopted by the relevant regional fisheries management organisations (RFMOs) at the end of 2024 and became applicable before the entry into force of this Regulation. The provisions of this Regulation that implement such measures in Union law should therefore apply retroactively. In particular, as the fishing season in the CCAMLR Convention area runs from 1 December to 30 November, and as certain fishing opportunities or prohibitions in the CCAMLR Convention area are laid down for a period starting from 1 December 2024, the relevant provisions of this Regulation should apply from that date. In addition, the fishing season for toothfishes in the SIOFA Agreement Area runs from 1 December to 30 November, and as the TACs for that group of species are established for a period starting from 1 December 2024, the TACs should apply from that date. Such retroactive application does not prejudice the principle of legitimate expectation as it is forbidden for fishing vessels flying the flag of the Contracting Party to fish in the CCAMLR Convention area and the SIOFA Agreement Area without authorisation.
(50) In accordance with ICCAT rules, Member States should ensure that their fishing vessels do not deploy FADs during the 15 days before the start of the closure period, that is, from 17 December 2024 onwards. The provision of this Regulation that implements that measure in Union law should therefore apply retroactively,