Regulation (EU) 2022/2495 amending Regulation (EU) No 1380/2013 as regards restrictions to the access to Union waters

Summary:

Regulation (EU) 2022/2495 - adopted by the co-legislators on 14 December 2022 - introducing amendments to Regulation (EU) No 1380/2013 as regards restrictions to the access to waters of the European Union (EU).

Further information:

Article 5(2) of Regulation (EU) No 1380/2013 on the Common Fisheries Policy (CFP) establishes a derogation for the 12 nautical mile zone of Member States (territorial waters) from the general equal access rule for EU fishing vessels to EU waters and resources set out in Article 5(1) of that regulation. The derogation authorises Member States to restrict fishing in the 12 nautical mile zone to certain vessels. Article 5(3) establishes a similar derogation for waters up to 100 nautical miles from the baselines of the EU's outermost regions.

These derogations expire on 31 December 2022. This Regulation seeks to avoid a discontinuation of the specific access regime by extending for another 10 years the period under which Member States can restrict access to their waters under these provisions. This is due the conservation state of many fish stocks, the sensitivity of coastal waters for conservation and difficulties in coastal areas that are dependent on fisheries and unlikely to benefit from other economic development. A further amendment is introduced to reflect the United Kingdom (UK)'s withdrawal from the EU, a bilateral agreement between Greece and Italy and the judgment in CJEU Case C-457/18.

The draft law was adopted by the European Commission on 5 July 2021. An informal agreement between the co-legislators on a compromise text for this file was reached on 29 September. This was formally endorsed by the Parliament on 22 November and by the Council on 6 December. The Act was signed by the co-legislators on 14 December 2022 and published in the Official Journal on 20 December 2022.

• Primary Source

Commentary and Analysis

EPRS: At a Glance, November 2022: Extension of EU rules on access to coastal waters https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2022)738211

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Official

EUR-LEX: COM(2021)356: Proposal for a Regulation amending Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013, as regards restrictions to the access to Union waters https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:356:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Common fisheries policy (CFP): restrictions to the access to Union waters (2021/0176(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2021/0176(COD)

European Parliament: Legislative Train Schedule: Extension of EU rules on access to waters https://www.europarl.europa.eu/legislative-train/theme-fisheries-pech/file-extention-of-eu-rules-on-access-to-waters

General Secretariat of the Council: Policies: Management of the EU's fish stocks https://www.consilium.europa.eu/en/policies/eu-fish-stocks/

European Parliament: Press Release, 30/09/2022: MEPs concluded negotiations on rules granting equal access to EU waters https://www.europarl.europa.eu/news/en/press-room/20220929IPR41808/

European Parliament: Press Release, 22/11/2022: Rules on limited access of EU fishing vessels’ to national waters extended https://www.europarl.europa.eu/news/en/press-room/20221118IPR55720/

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