Date: 2023-08-08Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 1/2023 of the Specialised Committee on Fisheries established by Article 8(1)(q) 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 part, of 24 July 2023 as regards the mechanism for voluntary in-year transfers of fishing opportunities [2023/1611]
Executive Summary:
This document outlines Decision No 1/2023 of the Specialised Committee on Fisheries, establishing a mechanism for voluntary in-year transfers of fishing opportunities between the EU and the UK, as per Article 498(8) of the Trade and Cooperation Agreement. The mechanism operates annually between April 1st and January 31st of the following year, involving regular rounds of transfer proposals. The decision was adopted on July 24, 2023, and came into force on the same date.
Key Points / Main Content:
* **Establishment of Mechanism:**
* A mechanism for voluntary in-year transfers of fishing opportunities between the Parties (EU and UK) is established, as per Article 498(8) of the Agreement.
* **Operational Principles:**
* The mechanism is for voluntary in-year transfers only.
* It operates annually through regular individual rounds between April 1 and January 31 of the succeeding year, typically with a 4-week gap between rounds.
* The Parties will agree on a schedule for these rounds in advance, including dates for exchanging proposed transfers.
* Individual transfer proposals must include stock identifiers and tonnages for each direction of transfer.
* Identical proposals on both Parties' lists will be executed.
* The mechanism may be reviewed periodically via the Specialised Committee on Fisheries.
* **Suspension/Discontinuation:**
* Either Party can suspend or discontinue the mechanism with reasonable notice.
* **Effective Date:**
* The decision is effective from July 24, 2023.
Impact Analysis:
* **European Union:**
* Impact: The EU can engage in voluntary in-year transfers of fishing opportunities with the UK, potentially optimizing their fishing activities.
* Action Required: Participate in scheduled rounds, exchange lists of proposed transfers with the UK, and adhere to the agreed-upon principles of the mechanism.
* **United Kingdom:**
* Impact: The UK can engage in voluntary in-year transfers of fishing opportunities with the EU, potentially optimizing their fishing activities.
* Action Required: Participate in scheduled rounds, exchange lists of proposed transfers with the EU, and adhere to the agreed-upon principles of the mechanism.
* **Specialised Committee on Fisheries:**
* Impact: Responsible for overseeing the mechanism and potentially reviewing it periodically.
* Action Required: Ensure the mechanism operates as intended, address any issues that arise, and conduct periodic reviews as necessary.
Key Entities Referenced
European Union: One of the parties to the Trade and Cooperation Agreement.
European Atomic Energy Community: One of the parties to the Trade and Cooperation Agreement.
United Kingdom of Great Britain and Northern Ireland: One of the parties to the Trade and Cooperation Agreement.
Trade and Cooperation Agreement: The agreement between the European Union, the European Atomic Energy Community, and the United Kingdom of Great Britain and Northern Ireland.
Specialised Committee on Fisheries: A committee established by Article 81Q of the Trade and Cooperation Agreement with functions and powers outlined in Article 508 of the Agreement. It is responsible for developing a mechanism for voluntary inyear transfers of fishing opportunities.
Article 4988: Article of the Trade and Cooperation Agreement that provides for the United Kingdom and the Union to set up a mechanism for voluntary inyear transfers of fishing opportunities.
Article 5081m: Article of the Trade and Cooperation Agreement that provides that the Specialised Committee on Fisheries may develop a mechanism for voluntary inyear transfers of fishing opportunities between the Parties, as referred to in Article 4988.
Brussels: One of the locations where the decision was finalized.
8.8.2023 EN Official Journal of the European Union L 198/39
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1/2023 OF THE SPECIALISED COMMITTEE ON FISHERIES ESTABLISHED BY
ARTICLE 8(1)(Q) 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
PART,
of 24 July 2023
as regards the mechanism for voluntary in-year transfers of fishing opportunities [2023/1611]
THE SPECIALISED COMMITTEE ON FISHERIES,
Having regard to 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 part (‘the
Agreement’)(1), and in particular Article 508(1)(m) thereof,
Whereas:
(1) Article 498(8) of the Agreement provides for the United Kingdom and the Union (each a ‘Party’, together ‘the
Parties’) to set up a mechanism for voluntary in-year transfers of fishing opportunities between the Parties.
(2) Article 508 of the Agreement sets out, in a non-exhaustive manner, the functions and powers of the Specialised
Committee on Fisheries.
(3) Article 508(1)(m) of the Agreement provides that the Specialised Committee on Fisheries may develop a mechanism
for voluntary in-year transfers of fishing opportunities between the Parties, as referred to in Article 498(8).
Article 508(2)(b) of the Agreement provides that the Specialised Committee on Fisheries may adopt measures,
including decisions and recommendations in relation to the matters referred to in Article 508(1)(m) of the
Agreement.
(4) As set out in the written records of fisheries consultations between the Parties for 2021 and 2022, the Parties
operated an interim mechanism for voluntary in-year transfers of fishing opportunities for 2021 and 2022
respectively pending the establishment of the mechanism as referred to in Article 498(8).
(5) During the third meeting of the Specialised Committee on Fisheries on 27 April 2022, the Parties approved
principles for the operation of the mechanism as referred to in Article 498(8).
(6) As set out in the written record of fisheries consultations between the Parties for 2023, the interim mechanism for
2021 and 2022 was extended to fishing opportunities for 2023 pending the establishment of the mechanism as
referred to in Article 498(8).
(7) It is appropriate that the Specialised Committee on Fisheries decide on the details of the mechanism for voluntary
in-year transfers of fishing opportunities as referred to in Article 498(8),
(1) OJ L 149, 30.4.2021, p. 10.L 198/40 EN Official Journal of the European Union 8.8.2023
HAS ADOPTED THIS DECISION:
Article 1
The mechanism for voluntary in-year transfers of fishing opportunities referred to in Article 498(8) of the Agreement is
hereby established.
Article 2
The mechanism shall be based on the following principles:
1. It will be a mechanism for voluntary in-year transfers of fishing opportunities between the Parties.
2. The mechanism will operate annually through a series of regular individual rounds between the Parties between 1 April
and 31 January of the succeeding year, usually with a 4-week gap between rounds. The Parties will agree a schedule for
these rounds in advance, including dates by when the Parties, if both wish to propose transfers, will exchange lists of
proposed transfers.
3. Individual exchange proposals will include the stock identifiers and tonnages that the Parties propose to transfer in each
direction (to the UK and to a Member State of the Union).
4. Identical proposals that are included on both Parties’ exchanged lists will be executed.
5. A review of the mechanism may be held periodically, via the Specialised Committee on Fisheries.
Article 3
The mechanism may be suspended or discontinued by either Party on reasonable notice to the other Party.
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Brussels and London, 24 July 2023.
For the Specialised Committee on Fisheries
The Co-Chairs
Eva Maria CARBALLEIRA FERNANDEZ Mike DOWELL