Commission Implementing Decision (EU) 2021/1168

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008^note, and in particular the first and third subparagraphs of Article 4(1) thereof,Whereas:

(1)Article 25 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council^note requires the Member States to collect the biological, environmental, technical and socioeconomic data that are necessary for fisheries management.

(2)Article 4(1) of Regulation (EU) 2017/1004 requires the Commission to establish a multiannual Union programme for the collection, management and use of data in the fisheries sector (EU MAP).

(3)The EU MAP is necessary for Member States to specify and plan their data collection activities in their national work plans. It sets out a detailed list of data requirements for the collection and management of biological, environmental and socioeconomic data, lists mandatory surveys at sea and sets thresholds for data collection. The EU MAP for 2020-2021 was adopted by Commission Delegated Decision (EU) 2019/910^note and Commission Implementing Decision (EU) 2019/909^note. Both decisions expire on 31 December 2021.

(4)This Decision therefore establishes the list of mandatory research surveys at sea and thresholds below which it is not mandatory for Member States to collect data from their fishing and aquaculture activities or carry out surveys at sea, as referred to in Article 5(1)(b) and (c) of Regulation (EU) 2017/1004 from 1 January 2022. It also lays down the areas of marine regions for the purposes of data collection as referred to in Article 9(11) of that Regulation (EU) 2017/1004.

(5)The Commission has consulted the relevant regional coordination groups and the Scientific, Technical and Economic Committee for Fisheries in line with Article 4(2) of Regulation (EU) 2017/1004.

(6)This Decision is to be read in conjunction with Commission Delegated Decision (EU) 2021/1167^note which repeals Delegated Decision (EU) 2019/910 and lays down detailed arrangements on the collection and management of biological, environmental, technical and socioeconomic data by Member States, as referred to in Article 5(1)(a) of Regulation (EU) 2017/1004, from 1 January 2022.

(7)For reasons of legal certainty, Implementing Decision (EU) 2019/909 should be repealed with effect from 1 January 2022.

(8)The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS DECISION:

Article 1 #

The list of mandatory research surveys at sea, the definitions of geographical areas applicable for the collection of Union fisheries data and thresholds below which it is not mandatory for Member States to collect data from their fishing and aquaculture activities or carry out surveys at sea from 2022 is set out in the Annex to this Decision. The list of surveys and thresholds form part of the multiannual Union programme for the collection and management of data in the fisheries sector, as referred to in points (b) and (c) of Article 5(1) of Regulation (EU) 2017/1004.

Article 2 #

Implementing Decision (EU) 2019/909 is repealed.

Article 3 #

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.It shall apply from 1 January 2022.

CHAPTER I — Research surveys at sea

1.The research surveys at sea listed in table 1 below shall be carried out, as a minimum, unless a scientific review of surveys concludes that one or more of those surveys are no longer appropriate for informing stock assessment and fisheries management. New surveys may be added to the table on the basis of the same review criteria.In the national work plans referred to in Article 21 of Regulation (EU) No 508/2014 of the European Parliament and of the Council^note, Member States shall set out the research surveys at sea to be carried out and shall be responsible for these surveys.Member States’ national work plans, or regional work plans where applicable, shall ensure continuity with previous survey designs.

2.It is not mandatory for Member States to participate (physically or financially) in single-species research surveys at sea where:

(a)their share of a Union total allowable catch (TAC) for the main target species (as listed in the table) is below 3 % unless another threshold of up to 5 % is agreed at marine region level; or

(b)where no TAC is fixed, their share of the relevant total Union landings is below 3 % in the 3 preceding years unless another threshold of up to 5 % is agreed at marine region level.

3.For multispecies and ecosystem surveys, thresholds may be set at marine region level.

CHAPTER II — Thresholds for data collection

1.This Chapter sets thresholds for the collection of Union fisheries data specified in Commission Delegated Decision (EU) 2021/1167^note.

2.It is not mandatory for Member States to collect biological data for certain stocks where one of the following conditions is met:

(a)their share of the relevant (individual or combined) TAC is less than 10 % of the Union total, unless the sum of the shares of the Member States concerned exceeds 25 % of the TAC; or

(b)where no TAC is fixed, the total landings of a Member State from a stock are less than 10 % of the relevant average total European Union landings in the previous 3 years; or

(c)the total annual landings of a Member State from a stock are less than 200 tonnes. For species with a specific management need, a lower threshold may be defined at marine region level.

Where the collective 25 % threshold referred to in point (a) is reached, the Member States concerned shall share tasks relating to the collection of biological data at marine region level to ensure that the relevant stocks are covered by sampling in accordance with end-user needs.

3.For species under tuna regional fisheries management organisations (RFMOs), thresholds as set out in RFMO requirements shall apply.

4.No thresholds shall apply to:

(a)diadromous species; and

(b)sensitive species as defined in Article 6(8) of Regulation (EU) 2019/1241 of the European Parliament and of the Council^note.

5.No thresholds shall apply to obtaining catch estimates from recreational catches. Thresholds on biological data collection from recreational catches shall be agreed and coordinated at marine region level and shall be based on end user needs.

6.Without prejudice to specific international obligations under RFMOs, it is not mandatory to collect biological data where the Union’s share of an internationally exploited stock is less than 10 %.

7.As regards the collection of social, economic and environmental data on aquaculture:

(a)it is not mandatory for Member States to collect such data if their total aquaculture production is less than 1 % of total Union aquaculture production by both weight and value;

(b)it is not mandatory for Member States to collect such data for species accounting for less than 5 % of the Member State’s aquaculture production by both weight and value; and

(c)where the total aquaculture production of a Member State is between 1 % and 2,5 % of total Union aquaculture production by both weight and value, that Member State may use simplified methodologies to estimate such data.

The thresholds referred to in points (a), (b) and (c) shall be calculated on the basis of the latest Eurostat publication of the relevant Member State’s data.Without prejudice to points (a), (b) and (c), Member States shall collect data on the value and weight of their aquaculture production, on a yearly basis.

CHAPTER III — Geographical stratification by region

For the purposes of the collection of Union fisheries data specified in the Annex to Delegated Decision (EU) 2021/1167, the definitions of the geographical areas of marine regions listed in table 2 below shall apply.

Table 2
Areas that should be covered for DCF purposes	Region	Supra region^note
Baltic Sea (FAO area 27)	ICES areas 3b-d	Baltic Sea	Baltic Sea; North Sea; Eastern Arctic; NAFO; extended North Western waters (ICES areas 5, 6 and 7) and extended South Western waters (ICES areas 10, 12 and 14)
Eastern Arctic, Norwegian Sea, Barents Sea, Skagerrak and Kattegat, North Sea and Eastern Channel,North-East Atlantic and Western Channel (FAO area 27)	ICES areas 1, 2, 3a, 4 and 7d	North Sea and Eastern Arctic
ICES zones 5, 6, 7 (excluding 7d), 8, 9, 10, 12 and 14	North-East Atlantic
North-West Atlantic (FAO area 21)	NAFO Convention area	Other regions where fisheries are operated outside EU waters by Community vessels and are under reporting obligations to Regional Fisheries Management Organisations (RFMO) or regional fisheries bodies to which the Community is contracting party or observer.
Eastern Central Atlantic (FAO area 34)	CECAF Convention area	Other regions
Western Central Atlantic (FAO area 31)	WECAFC^note Convention area
South-East Atlantic (FAO area 47)	SEAFO Convention area
South Pacific (FAO area 81 and 87)	SPRFMO Convention area
Atlantic Ocean and adjacent seas (FAO 21, 27, 31, 37, 41, 47, 34, 48)	ICCAT Convention area
Indian Ocean (FAO area 51 and 57)	IOTC Convention area
Indian Ocean (FAO area 51 and 57)	SIOFA Convention area
Indian Ocean (FAO area 51 and 57)	CCSBT Convention area
Western Central Pacific (FAO area 71)	WCPFC Convention area
Eastern Central Pacific (FAO area 77 and 87)	IATTC Convention area
Antarctic and Southern Indian Ocean (FAO area 48, 58 and 88)	CCAMLR Convention area
EU Outermost Regions	EU waters around Mayotte and la Réunion Islands	Outermost regions
EU waters around French Guiana, Martinique, Guadeloupe islands
EU waters around Azores (FAO 27.10.a.2)	Baltic Sea; North Sea; Eastern Arctic; NAFO; extended North Western waters (ICES areas 5, 6 and 7) and extended South Western waters (ICES areas 10, 12 and 14)
EU waters around Madeira and Canary Islands (FAO 34.1.2)
Mediterranean Sea and Black Sea (FAO area 37)	GFCM GSA 1-29	Mediterranean and Black Sea	Mediterranean Sea and Black Sea

Article 1#

Article 2#