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),

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:

It will be a mechanism for voluntary in-year transfers of fishing opportunities between the Parties.

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.

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).

Identical proposals that are included on both Parties’ exchanged lists will be executed.

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

( 1 ) OJ L 149, 30.4.2021, p. 10 .