Home Europe European Commission Commission Implementing Decision (EU) 2021/1168 of 27 April ...
Date: 2021-07-16 Category: Not Applicable State: Union Government Country: Europe

Commission Implementing Decision (EU) 2021/1168 of 27 April 2021 establishing the list of mandatory research surveys at sea and thresholds as part of the multiannual Union programme for the collection and management of data in the fisheries and aquaculture sectors from 2022

Issued by European Commission · Directorate-General for Maritime Affairs and Fisheries

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Executive Summary & Key Takeaways

Executive Summary: This Commission Implementing Decision (EU) 2021/1168 establishes the list of mandatory research surveys at sea and relevant thresholds for data collection in the fisheries and aquaculture sectors, effective from January 1, 2022. It is part of the multiannual Union programme (EU MAP) for data collection and management. The decision also defines geographical areas for data collection purposes. Implementing Decision (EU) 2019/909 is repealed from January 1, 2022. Key Points / Main Content: Mandatory Research Surveys at Sea: * Sets out a list of mandatory research surveys at sea, as detailed in Annex, Table 1. * Allows for the addition of new surveys or removal of existing ones based on scientific review. * Requires Member States to outline planned research surveys in their national work plans, ensuring continuity with previous survey designs. * Specifies that participation in single-species research surveys is not mandatory if a Member State's share of the TAC or total Union landings is below 3% (or 5% if agreed at the marine region level). * Allows thresholds for multispecies and ecosystem surveys to be set at the marine region level. Thresholds for Data Collection: * Establishes thresholds for the collection of Union fisheries data, as specified in Commission Delegated Decision (EU) 2021/1167. * States that biological data collection is not mandatory if a Member State's share of the TAC is less than 10% of the Union total (unless the sum of shares exceeds 25%), total landings are less than 10% of average Union landings, or total annual landings are less than 200 tonnes. * Specifies that thresholds for tuna RFMOs are set out in RFMO requirements. * Specifies that no thresholds apply to diadromous or sensitive species. * Requires thresholds on biological data collection from recreational catches to be agreed and coordinated at marine region level based on end user needs. * States that social, economic and environmental data on aquaculture does not need to be collected if the total aquaculture production is less than 1% of total Union aquaculture production by both weight and value. * States that data does not need to be collected for species accounting for less than 5% of the Member States aquaculture production by both weight and value. * Allows simplified methodologies when production is between 1% and 2.5% of Union production. * States that value and weight of aquaculture production must be collected yearly. Geographical Stratification: * Defines geographical areas of marine regions for data collection, as listed in Annex, Table 2. Repeal: * Repeals Implementing Decision (EU) 2019/909, effective January 1, 2022. Impact Analysis: Member States: * Impact: Required to implement the mandatory research surveys and data collection as specified, unless they fall below the defined thresholds. Must ensure their national work plans align with the new requirements. * Action Required: Review and adjust national work plans for fisheries and aquaculture data collection to comply with the new requirements from January 1, 2022. European Commission: * Impact: Responsible for overseeing the implementation of the multiannual Union programme for data collection and management in the fisheries and aquaculture sectors. * Action Required: Monitor and ensure Member States' compliance with the decision, and potentially update the list of surveys based on scientific reviews. Fisheries and Aquaculture Sectors: * Impact: Data collection requirements may change, potentially affecting reporting obligations and research activities. * Action Required: Stay informed about the specific data collection requirements and thresholds relevant to their activities and cooperate with Member States in providing necessary data. Regional Coordination Groups: * Impact: May need to coordinate efforts within their respective marine regions to ensure effective data collection and avoid duplication. * Action Required: Facilitate coordination among Member States within their region to align survey efforts and data collection methodologies.

Key Entities Referenced

European Union: A political and economic union of member states located primarily in Europe. European Parliament: One of the legislative branches of the European Union. Council of the European Union: A legislative body of the European Union, composed of government ministers from each member state. European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the day-to-day business of the EU. Common Fisheries Policy: The European Union's fisheries policy, which sets quotas for catches and aims to manage fish stocks sustainably. Brussels: The de facto capital of the European Union, located in Belgium, where the decision was adopted. ICES areas 3aS, 3bd: Geographic areas defined by the International Council for the Exploration of the Sea, used for fisheries management and research. FAO area 27: A geographical area defined by the Food and Agriculture Organization of the United Nations (FAO), used for fisheries management.
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L 253/92 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 16.7.2021 COMMISSION IMPLEMENTING DECISION (EU) 2021/1168 of 27 April 2021 establishing the list of mandatory research surveys at sea and thresholds as part of the multiannual Union programme for the collection and management of data in the fisheries and aquaculture sectors from 2022 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(1), 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(2)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(3) and Commission Implementing Decision (EU) 2019/909(4). 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(5)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. (1) OJ L 157, 20.6.2017, p. 1. (2) 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, p. 22). (3) Commission Delegated Decision (EU) 2019/910 of 13 March 2019 establishing the multiannual Union programme for the collection and management of biological, environmental, technical and socioeconomic data in the fisheries and aquaculture sectors (OJ L 145, 4.6.2019, p. 27). (4) Commission Implementing Decision (EU) 2019/909 of 18 February 2019 establishing the list of mandatory research surveys and thresholds for the purposes of the multiannual Union programme for the collection and management of data in the fisheries and aquaculture sectors (OJ L 145, 4.6.2019, p. 21). (5) Commission Delegated Decision (EU) 2021/1167 of 27 April 2021 establishing the multiannual Union programme for the collection and management of biological, environmental, technical and socioeconomic data in the fisheries and aquaculture sectors from 2022 (See page 51 of this Official Journal).16.7.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 253/93 (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. Done at Brussels, 27 April 2021. For the Commission The President Ursula VON DER LEYENL 253/94 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 16.7.2021 ANNEX 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(1), 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. 4. Member States contributing to international research surveys shall coordinate their efforts within the same marine region. Table 1 Research surveys at sea Regional Name of survey Acronym Area(s) Main target species coordination group (RCG) governance Baltic Sea (ICES areas 3aS, 3b-d) Baltic International Trawl Survey BITS_Q1 3aS, 3b-d BLL COD DAB FLE HER Baltic RCG PLE TUR Baltic International Trawl Survey BITS_Q4 3aS, 3b-d BLL COD DAB FLE HER PLE TUR Baltic International Acoustic BIAS 3a, 3b-d HER SPR Survey (autumn) Gulf of Riga Acoustic Herring GRAHS 3d HER Survey Sprat Acoustic Survey SPRAS 3d SPR Rügen Herring Larvae Survey RHLS_DEU 3d HER Fehmarn Juvenile Cod Survey FEJUCS 3c SD22 COD (1) Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).16.7.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 253/95 North Sea and Eastern Arctic (ICES areas 1, 2, 3a, 4, 7d) Kattegat Cod Survey CODS_Q4 3a COD North Sea and Eastern Arctic RCG International Bottom Trawl IBTS_Q1 3a, 4 COD FLE GUG HAD HER Survey NOP PLE RJC RJM RJN RJR SPR SYC TUR WHG WIT International Bottom Trawl IBTS_Q3 3a, 4 COD HAD HER NOP PLE Survey POK RJC RJH RJM RJN RJR SPR SYC TUR WHG WIT North Sea Beam Trawl Survey BTS 4b, 4c, 7d DAB PLE RJC RJE RJM SDV SOL SYC SYT TUR Demersal Young Fish Survey DYFS Coasts of NS SOL Sole Net Survey SNS_NLD 4b, 4c SOL TUR North Sea Sandeels Survey NSSS 4a, 4b SAN International Ecosystem Survey in ASH 2a HER the Nordic Seas Mackerel Egg Survey (triennial) NSMEGS 4 MAC Herring Larvae Survey IHLS 4, 7d HER NS Herring Acoustic Survey NHAS 3a, 4, 6a HER SPR Nephrops UWTV survey UWTV3-4, 3a, 4a, 4b NEP UWTV6, UWTV7, UWTV8, UWTV9 North Atlantic (ICES areas 5-14 and NAFO areas) International Redfish Trawl and REDTAS 5a, 12, 14; REB North Sea and Eastern Acoustic Survey (triennial) NAFO SA 1-3 Arctic RCG Flemish Cap Groundfish Survey FCGS 3M AME COD GRE NOR RED ROU SHO Greenland Groundfish Survey GGS 14, NAFO COD RED REG SA1 3LNO Groundfish Survey PLATUX- NAFO 3LNO AME COD GRE NOR RED A_ESP ROU THO WHI WIT YEL Western IBTS 4th quarter IBTS_Q4 6a, 7, 8, 9a OCTs MON ANK ANF North Atlantic RCG (including porcupine survey) BOC BSS COD CTL DGS GAG GFB HAD HER HKE HOM LDB MAC MEG LEZ LDB NEP PLE RJC RJM RJN RNG SDV SHO SQZ SYC WHG Western IBTS 1st quarter IBTS_Q1 6a, 7a OCTs COD CTL HAD HER HOM LEZ MAC NEP PLE RJC RJM RJN SDV SHO SYC WHG ISBCBTS September ISBCBTS 7afg PLE RJC RJE RJH RJM SDV SOL SYC Western Channel Beam Trawl SWE- 7efgh RJB RJC RJE RJH RJM SDV Survey COS_GBE SOL SYCL 253/96 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 16.7.2021 Blue Whiting Survey IBWSS 6, 7 WHB International Mackerel and Horse MEGS 6, 7, 8, 9a HOM MAC Mackerel Egg Survey (triennial) Sardine, Anchovy Horse Mackerel SAHMAS 8, 9 ANE BOC HOM PIL Acoustic Survey Sardine DEPM (triennial) SDEPM 8c, 9a HOM PIL Spawning/Pre-spawning Herring/ WESPAS_IRL 6a, 7a-g BOC HER Boarfish Acoustic Survey Biomass of Anchovy BIOMAN 8 ANE PIL Nephrops UWTV Survey UWT- 6a, 7a, 7b, NEP LDB GFB SHO V11-13, 7ghj, 9a UWTV14, UWTV15, UWT- V16-17, UWTV19, UWT- V20-22, UWTV30 Nephrops Survey Offshore NepS 9a NEP Portugal (FU 28-29) Celtic Sea Herring Acoustic CSHAS_IRL 6a, 7gj HER Survey Acoustic Survey on Sardine and ECOCADI- 9a ANE Anchovy Z_ESP Swept Area Trawl Survey for IESSNS 2, 3aN, 4, 5, MAC HER WHB Mackerel 14 Acoustic Survey for Juvenile JUVENA_ESP 8a-d ANE Anchovy in the Bay of Biscay Bay of Biscay Demersal Resources ORHA- 8ab SOL Survey GO_Q4_FRA Deepwater Longline Survey PALPRO_ESP 8c GFB Irish Anglerfish and Megrim IAMS_IRL 6a, 7 MON ANK ANF Survey MEG LEZ LDB Anglerfish and Megrim Survey SIA- 4a, 4b, 6a, 6b ANF LEZ (industry-science survey) MISS_GBS Western Channel Celtic Sea PELTIC 7de PIL ANE SPR Pelagic Survey Herring Acoustic Survey ISAS 7a HER Mediterranean Sea and Black Sea Pan-Mediterranean Acoustic MEDIAS GSA 1, 6, 7, 9, ANE PIL Mediterranean and Survey 10, 15, 16, Black Sea RCG 17, 18, 20, 22 Bottom Trawl Survey in Black Sea BTSBS GSA 29 DGS TUR WHG16.7.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 253/97 Pelagic Trawl Survey in Black Sea PTSBS GSA 29 SPR International Bottom Trawl MEDITS GSA 1, 2, 3, 5, according to the target Survey in the Mediterranean 6, 7, 8, 9, 10, species list from a relevant 11, 15, 16, MEDITS handbook 17, 18, 19, 20, 22, 23, 25 Beam Trawl Survey (GSA 17) SOLEMON GSA 17 CTC MTS SOL Bluefin Tuna Larval Survey TUNIBAL GSA 5, 6 ALB BFT Large pelagic RCG (Balearic Sea) 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(2). 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(3). 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 %. (2) Commission Delegated Decision (EU) 2021/1167 of 27 April 2021 establishing the multiannual Union programme for the collection and management of biological, environmental, technical and socioeconomic data in the fisheries and aquaculture sectors from 2022 (OJ L 253, … 51). (3) Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).L 253/98 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 16.7.2021 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 Geographical stratification by region Areas that should be covered for DCF purposes Region Supra region(1) Baltic Sea (FAO area 27) ICES areas 3b-d Baltic Sea Eastern Arctic, Norwegian ICES areas 1, 2, 3a, 4 and 7d North Sea and Eastern Baltic Sea; North Sea; Eastern Sea, Barents Sea, Skagerrak Arctic Arctic; NAFO; extended and Kattegat, North Sea and North Western waters (ICES Eastern Channel, ICES zones 5, 6, 7 areas 5, 6 and 7) and North-East Atlantic and (excluding 7d), 8, 9, 10, 12 North-East Atlantic extended South Western Western Channel (FAO and 14 waters (ICES areas 10, 12 area 27) and 14) North-West Atlantic (FAO NAFO Convention area area 21) Eastern Central Atlantic (FAO CECAF Convention area area 34) Western Central Atlantic WECAFC (*) Convention (FAO area 31) area Other regions where South-East Atlantic (FAO fisheries are operated SEAFO Convention area area 47) outside EU waters by Community vessels and South Pacific (FAO area 81 are under reporting SPRFMO Convention area and 87) obligations to Regional Fisheries Management Atlantic Ocean and adjacent Organisations (RFMO) Other regions seas (FAO 21, 27, 31, 37, 41, ICCAT Convention area or regional fisheries 47, 34, 48) bodies to which the Community is Indian Ocean (FAO area 51 contracting party or IOTC Convention area and 57) observer. Indian Ocean (FAO area 51 SIOFA Convention area and 57) Indian Ocean (FAO area 51 CCSBT Convention area and 57) WCPFC Convention area16.7.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 253/99 Western Central Pacific (FAO area 71) Eastern Central Pacific (FAO IATTC Convention area area 77 and 87) Antarctic and Southern Indian Ocean (FAO area 48, CCAMLR Convention area 58 and 88) EU waters around Mayotte and la Réunion Islands EU waters around French Guiana, Martinique, Guadeloupe islands EU Outermost Regions Outermost regions EU waters around Azores Baltic Sea; North Sea; Eastern (FAO 27.10.a.2) Arctic; NAFO; extended North Western waters (ICES EU waters around Madeira areas 5, 6 and 7) and and Canary Islands (FAO extended South Western 34.1.2) waters (ICES areas 10, 12 and 14) Mediterranean Sea and Black Mediterranean and Black Mediterranean Sea and Black GFCM GSA 1-29 Sea (FAO area 37) Sea Sea (1) Each vessel not engaged in long distance fishing shall be allocated to a supra region based on the number of days at sea (more than 50 %) spent in the supra region. (*) excluding EU waters

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