### personal data which are , by their nature , particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms . those personal data should include personal data revealing racial or ethnic origin , whereby the use of the term ‘ racial origin’ in this regulation does not imply an acceptance by the union of theories which attempt to determine the existence of separate human races . the processing of photographs should not systematically be considered to be processing of special categories of personal data as they are covered by the definition of biometric data only when processed through a specific technical means allowing the unique identification or authentication of a natural person . in addition to the specific requirements for processing of sensitive data , the general principles and other rules of this regulation should apply , in particular as regards the conditions for lawful processing . derogations from the general prohibition for processing such special categories of personal data should be explicitly provided , inter alia , where the data subject gives his or her explicit consent or in respect of specific needs in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms . ### personal data which are , by their nature , particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms . such personal data should not be processed unless processing is allowed in specific cases as laid down in this regulation . those personal data should include personal data revealing racial or ethnic origin , whereby the use of the term ‘ racial origin’ in this regulation does not imply an acceptance by the union of theories which attempt to determine the existence of separate human races . the processing of photographs should not systematically be considered to be processing of special categories of personal data as they are covered by the definition of biometric data only when processed through a specific technical means allowing the unique identification or authentication of a natural person . in addition to the specific requirements for processing of sensitive data , the general principles and other rules of this regulation should apply , in particular as regards the conditions for lawful processing . derogations from the general prohibition for processing such special categories of personal data should be explicitly provided , inter alia , where the data subject gives his or her explicit consent or in respect of specific needs in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms .


### the processing of special categories of personal data may be necessary for reasons of public interest in the areas of public health without consent of the data subject . such processing should be subject to suitable and specific measures so as to protect the rights and freedoms of natural persons . in that context , ‘ public health’ should be interpreted as defined in regulation no 1338 / 2008 of the european parliament and of the council15 , namely all elements related to health , namely health status , including morbidity and disability , the determinants having an effect on that health status , health care needs , resources allocated to health care , the provision of , and universal access to , health care as well as health care expenditure and financing , and the causes of mortality . such processing of data concerning health for reasons of public interest should not result in personal data being processed for other purposes by third parties . _________________ 15 regulation no 1338 / 2008 of the european parliament and of the council of 16 december 2008 on community statistics on public health and health and safety at work . ### the processing of special categories of personal data may be necessary for reasons of public interest in the areas of public health without consent of the data subject . such processing should be subject to proportionate , suitable and specific measures so as to protect the rights and freedoms of natural persons . in that context , ‘ public health’ should be interpreted as defined in regulation no 1338 / 2008 of the european parliament and of the council15 , namely all elements related to health , namely health status , including morbidity and disability , the determinants having an effect on that health status , health care needs , resources allocated to health care , the provision of , and universal access to , health care as well as health care expenditure and financing , and the causes of mortality . such processing of data concerning health for reasons of public interest should not lead to any further processing for other purposes , including processing by third parties . _________________ 15 regulation no 1338 / 2008 of the european parliament and of the council of 16 december 2008 on community statistics on public health and health and safety at work .


### legal acts adopted on the basis of the treaties or internal rules of union institutions and bodies may impose restrictions concerning specific principles and the rights of information , access to and rectification or erasure of personal data , the right to data portability , confidentiality of electronic communications as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers , as far as necessary and proportionate in a democratic society to safeguard public security , the prevention , investigation and prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security , including the protection of human life especially in response to natural or manmade disasters , internal security of union institutions and bodies , other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , the keeping of public registers kept for reasons of general public interest or the protection of the data subject or the rights and freedoms of others , including social protection , public health and humanitarian purposes . ### legal acts adopted on the basis of the treaties may impose restrictions concerning specific principles and the rights of information , access to and rectification or erasure of personal data , the right to data portability , confidentiality of electronic communications as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers , for a limited period of time and as far as necessary and proportionate in a democratic society to safeguard public security , the prevention , investigation and prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security , including the protection of human life especially in response to natural or manmade disasters , internal security of union institutions and bodies , other important objectives of general public interest of the union or of a member state , the keeping of public registers kept for reasons of general public interest or the protection of the data subject or the rights and freedoms of others , including social protection , public health and humanitarian purposes .


### conditions applicable to children ' s consent in relation to information society services ### conditions applicable to child ' s consent in relation to information society services


### processing of personal data relating to criminal convictions and offences or related security measures pursuant to article 5 may be carried out only if authorised by union law , which may include internal rules , providing the appropriate specific safeguards for the rights and freedoms of data subjects . ### processing of personal data relating to criminal convictions and offences or related security measures pursuant to article 5 may be carried out only if authorised by union law providing the appropriate specific safeguards for the rights and freedoms of data subjects .


### legal acts adopted on the basis of the treaties or , in matters relating to the operation of the union institutions and bodies , internal rules laid down by the latter may restrict the application of articles 14 to 22 , 34 and 38 , as well as article 4 in so far as its provisions correspond to the rights and obligations provided for in articles 14 to 22 , when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard : ### legal acts adopted on the basis of the treaties may restrict the application of articles 14 to 22 , 34 and 38 , as well as article 4 in so far as its provisions correspond to the rights and obligations provided for in articles 14 to 22 , when such a restriction respects the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard :


### where an act referred to in paragraph 1 is of particular importance for the protection of individuals’ rights and freedoms with regard to the processing of personal data , the commission may also consult the european data protection board . in such cases the european data protection supervisor and the european data protection board shall coordinate their work with a view to issue a joint opinion . ### where an act referred to in paragraph 1 is of particular importance for the protection of individuals’ rights and freedoms with regard to the processing of personal data , the commission shall also consult the european data protection board . in such cases the european data protection supervisor and the european data protection board shall coordinate their work with a view to issue a joint opinion .


### the data protection officer may be a staff member of the union institution or body , or fulfil the tasks on the basis of a service contract . ### the data protection officer shall be a staff member of the union institution , body , office or agency .


### a transfer of personal data to a third country or international organisation may take place where the commission has decided pursuant to article 45 of regulation 2016 / 679 that an adequate level of protection is ensured in the third country , a territory or one or more specified sectors within that third country , or within the international organisation and the personal data are transferred solely to allow tasks covered by the competence of the controller to be carried out . ### a transfer of personal data to a third country or international organisation may take place where the commission has adopted an implementing act pursuant to article 45 of regulation 2016 / 679 which stipulates that an adequate level of protection is ensured in the third country , a territory or one or more specified sectors within that third country , or within the international organisation and the personal data are transferred solely to allow tasks covered by the competence of the controller to be carried out . the implementing act shall provide for a mechanism for a periodic review , at least every four years , which shall take into account all relevant developments in the third country or the international organisation . the implementing act shall further indicate its territorial and sectorial application and shall identify the supervisory authority . chapter v of regulation 2016 / 679 shall apply .


### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market , a threshold should be applied , based on the number of persons working for the service provider and involved in the provision of parcel delivery services . ### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . due to the labour intensive nature of the sector and in order to limit the administrative burden for small parcel delivery service providers or subcontractors who are only active on a regional or domestic market , a threshold should be applied , based on the number of persons working on average for the parcel delivery service provider over the previous calendar year and involved in the provision of parcel delivery services in the member state in which the provider is established , unless that provider is established in more than one member state . the threshold should however be established in a way that those working in the sector other than on a full - time , permanent basis , are properly included .


### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by universal service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage and should , together with the confidential regular provision of the underlying terminal rates , constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross - border parcel delivery services . parcel delivery service providers other than universal service providers may voluntarily provide , in a comparable form , their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee . ### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by parcel delivery service providers operating cross - border should be clearly defined . those tariffs should be published by the commission on a dedicated webpage and should , together with the confidential regular provision of the underlying terminal rates , constitute the basis for the national regulatory authorities to objectively assess the affordability of tariffs for cross - border parcel delivery services .


### as markets for parcel delivery services are changing fast , the commission should re - assess the efficiency and effectiveness of this regulation and submit a regular report to the european parliament and the council . that report should be accompanied , where appropriate , by proposals for review to the european parliament and the council . ### as markets for parcel delivery services are changing fast , the commission should re - assess the efficiency and effectiveness of this regulation , taking into account developments in e - commerce , and submit a regular report to the european parliament and the council . that report should be accompanied , where appropriate , by legislative proposals for review to the european parliament and the council . that report should be produced following consultation with all appropriate stakeholders including the social dialogue committee for the postal sector .


### in order to ensure uniform conditions for the implementation of the obligation for parcel delivery providers to submit information to national regulatory authorities , implementing powers should be conferred on the commission to establish a form for the submission of such information . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council50 . _________________ 50 regulation 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers . ### in order to establish the specific obligations for all parcel delivery service providers with regard to the provision of information to the national regulatory authorities , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the form for the submission of the information provided by parcel delivery service providers to the national regulatory authorities . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making* . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### whenever universal service providers providing parcel delivery services conclude multilateral agreements on terminal rates they shall meet all reasonable requests for access to all network elements and associated facilities as well as relevant services and information systems , necessary for the provision of cross - border parcel delivery services . ### whenever universal service providers providing cross border parcel delivery services conclude multilateral or bilateral agreements on terminal rates they shall meet all reasonable requests for access to all network elements and associated facilities as well as relevant services and information systems , necessary for the provision of cross - border parcel delivery services .


### “8 . the chair shall represent the esrb externally . the chair may delegate tasks related to the external representation of the esrb to the head of the secretariat ; ” ### “8 . the chair shall represent the esrb externally . the chair may delegate tasks related to the external representation of the esrb to the head of the secretariat or to the vice - chairs of the esrb ; ”


### the following points and are inserted : ### the following points , and are inserted :


### “5 . where appropriate , the advisory scientific committee shall organise consultations with stakeholders at an early stage and in an open and transparent manner , while taking into account the requirement of confidentiality . ” ### “5 . where appropriate , the advisory scientific committee shall organise consultations with stakeholders and relevant experts at an early stage and in an open , pluralistic and transparent manner , while taking into account the requirement of confidentiality . ”


### “4a . where appropriate , the advisory technical committee shall organise consultations with stakeholders at an early stage and in an open and transparent manner , while taking into account the requirement of confidentiality . ” ### “4a . where appropriate , the advisory technical committee shall organise consultations with stakeholders and relevant experts at an early stage and in an open , pluralistic and transparent manner , while taking into account the requirement of confidentiality . ”


### regulation no 1257 / 2013 contains reference to directive 91 / 692 / eec . the relevant provision relates to the first reporting exercise , which has already ended . the relevant provision should therefore be deleted . ### the second subparagraph of article 21 of regulation no 1257 / 2013 refers to directive 91 / 692 / eec , which is to be repealed . pursuant to that provision , the first reporting exercise is due to start on the date of application of regulation no 1257 / 2013 . on 19 december 2016 , by means of implementing decision 2016 / 2323 , the commission established the first version of the european list of ship recycling facilities . in accordance with article 26 of regulation no 1257 / 2013 , member states are able to authorise the recycling of ships in ship recycling facilities included in the european list prior to the date of application of that regulation . in such circumstances , regulation no 1013 / 2006 does not apply . in order to avoid a gap where information is collected under neither regulation no 1013 / 2006 nor regulation no 1257 / 2013 , it is appropriate to introduce a transitional reporting period between the date of the first anticipated authorisation under article 26 of regulation no 1257 / 2013 in a given member state and the date of application of that regulation for each member state that decides to use the transitional period provided for in that article . to limit the related administrative burden for each such member state , it is not necessary that the information collected during that transitional period form the basis of a separate report . instead , it should be sufficient that such information be incorporated or form part of the first regular report covering the three - year period from the date of application of regulation no 1257 / 2013 .


### in article 21 of regulation no 1257 / 2013 , paragraph 2 is replaced by the following : ### in article 21 of regulation no 1257 / 2013 , the first and second subparagraphs of paragraph 2 are replaced by the following :


### the first electronic report shall cover the period from the date of publication of the european list to 31 december 2018 . . ### the first electronic report shall cover the three - year period starting on the date of application of this regulation , in accordance with article 32 . where a member state authorises the recycling of ships in ship recycling facilities included in the european list prior to the date of application of this regulation in accordance with article 26 , the first electronic report of that member state shall also cover the period from the date of such authorisation to the date of application of this regulation . '


### in the context of the europe 2020 strategy21 and the strengthening of economic governance , social indicators play an essential role in informing and supporting the union ' s key priorities for growth and job creation , the reduction of poverty and social exclusion , skills , mobility and the digital economy . in particular , social indicators must provide a sound statistical basis for developing and monitoring the policies introduced by the union to address those priorities . __________________ 21 communication from the commission - europe 2020 a strategy for smart , sustainable and inclusive growth com 2020 of 3 march 2010 . ### in the context of the europe 2020 strategy21 and the strengthening of economic governance , social indicators play an essential role in informing and supporting the union ' s key priorities for growth and job creation , gender equality , the reduction of poverty and social exclusion , skills , mobility and the digital economy . in particular , social indicators must provide a sound statistical basis for developing and monitoring the policies introduced by the union to address those priorities . __________________ 21 communication from the commission - europe 2020 a strategy for smart , sustainable and inclusive growth com 2020 of 3 march 2010 .


### the developments described above need to be gradually streamlined , and statistical legislation in the area of social statistics needs to be modernised , in order to ensure that the high quality social indicators are produced in a more integrated , flexible and efficient manner . at the same time , due consideration must be given to the needs of users , to the burden placed on respondents , to member states resources , the reliability and accuracy of the methods used , technical feasibility of producing the statistics , the time within which they can be available and the reliability of the results . ### the developments described above need to be gradually streamlined , and statistical legislation in the area of social statistics needs to be modernised , in order to ensure that the high quality social indicators are produced in a more integrated , flexible and efficient manner . at the same time , due consideration must be given to the needs of users , to the burden placed on respondents , to member states resources , the reliability and accuracy of the methods used , technical feasibility of producing the statistics , the time within which they can be available and the reliability of the results . to achieve data of high quality , due consideration should be given to the reference manual ' developing gender statistics : a practical tool” , prepared by the unece task force on gender statistics training for statisticians with contributions from various experts1a . __________________ 1a http : / / www . unece . org / fileadmin / dam / stats / publications / developing_gender_statistics . pdf


### this regulation establishes a common framework for european statistics relating to persons and households , based on data at individual level collected from samples of those persons and households . ### this regulation establishes a common framework for european statistics relating to persons and households , based on reliable data at individual level collected from samples of those persons and households , which shall be compatible with the european statistical programme , its extension till 2020 and with any future similar programmes .


### the commission shall assess the quality of the metadata on the specifications , of the data transmitted and of the sampling frames . ### the commission shall assess the quality of the metadata on the specifications , of the data transmitted and of the sampling frames having also due consideration to display them in a user - friendly way at the eurostat website .


### the objectives of the cfp are , amongst others , to ensure that fishing and aquaculture activities are environmentally sustainable in the long term , to apply the precautionary approach to fisheries management and to implement the ecosystem - based approach to fisheries management . ### the objectives of the cfp are , amongst others , to ensure that fishing and aquaculture activities are environmentally sustainable in the long term , to apply the precautionary approach to fisheries management and to implement the ecosystem - based approach to fisheries management . it will also help supply the union market with food of high nutritional value , reduce the union market ' s dependence on food imports , encourage the direct and indirect creation of employment and economic development in coastal areas .


### france , italy and spain have adopted management plans under regulation no 1967 / 2006 . however , there is a lack of consistency between the plans and they do not take account of all the gears exploiting demersal stocks and the straddling distribution of certain stocks and fishing fleets . besides , those plans have proven ineffective in meeting the objectives set in the cfp . member states and stakeholders have expressed support for the development and implementation of a multi - annual plan at union level for the stocks concerned . ### france , italy and spain have adopted management plans under regulation no 1967 / 2006 . however , there is a lack of consistency between the plans and they do not take account of all the gears exploiting demersal stocks and the straddling distribution of certain stocks and fishing fleets . besides , those plans have proven ineffective in meeting the objectives set in the cfp . member states and stakeholders have expressed support for the development and implementation of a multi - annual plan at union level for the stocks concerned . the countries should implement the measures set out in this regulation jointly in order to maximise their effectiveness .


### given their importance , the plan provided for in this regulation should cover recreational fisheries catching western mediterranean demersal stocks . where such fisheries have a significant impact on stocks , the multi - annual plan provided for by this regulation should provide for the possibility of specific management measures . ### given their importance , the plan provided for in this regulation should cover recreational fisheries catching western mediterranean demersal stocks . where such fisheries have a significant impact on stocks , the multi - annual plan provided for by this regulation should provide for the possibility of specific management measures which do not harm the professional fisheries sector .


### the objective of the plan provided for in this regulation should be to contribute to the achievement of the cfp , and in particular , reaching and maintaining msy for the target stocks , implementing the landing obligation for demersal stocks subject to minimum conservation reference size , and promoting a fair standard of living for those who depend on fishing activities , bearing in mind coastal fisheries and socio - economic aspects . it should also implement the ecosystem - based approach to fisheries management in order to minimise negative impacts of fishing activities on the marine ecosystem . it should be coherent with the union’s environmental legislation , in particular the objective of achieving good environmental status by 2020 and the objectives of directive 2009 / 147 / ec29 and council directive 92 / 43 / eec30 . _________________ 28 directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy 29 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds . 30 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora . ### the objective of the plan provided for in this regulation should be to achieve the objectives of the cfp , and in particular , restoring and maintaining fish stocks above levels of biomass capable of producing msy for all stocks , implementing the landing obligation for demersal stocks subject to minimum conservation reference size , and promoting a fair standard of living for those who depend on fishing activities , bearing in mind coastal fisheries and socio - economic aspects . it should also implement the ecosystem - based approach to fisheries management by reducing , and when possible eliminating , the negative effects of fishing activities in the marine environment . that plan should also contribute to the achievement of good environmental status , as laid down in directive 2008 / 56 / ec28 and to the achievement of favourable conservation status for habitats and species as required by directive 2009 / 147 / ec of the european parliament and of the council 29 and the council directive 92 / 43 / ec30 respectively .


### in order to ensure transparent access to fisheries and the achievement of target fishing mortalities , a union fishing effort regime should be adopted for trawls which are the main gear used to exploit demersal stocks in the western mediterranean . to that end , it is appropriate to determine effort groups in order for the council to establish maximum allowable fishing effort , expressed as numbers of fishing days , on an annual basis . where necessary , the effort regime should incorporate other fishing gears . ### in order to ensure transparent access to fisheries and the achievement of target fishing mortalities , the union should have sound data and reliable statistics , on the basis of which a fishing effort regime should be adopted for trawls which are the main gear used to exploit demersal stocks in the western mediterranean . to that end , it is appropriate to determine effort groups in order for the council to establish maximum allowable fishing effort , expressed as numbers of fishing days , on an annual basis . where necessary , the effort regime should incorporate other fishing gears .


### where scientific advice shows that recreational fisheries have a significant impact on the fishing mortality of the stocks concerned , the council should take them into account . to that effect , the council may set fishing opportunities through the effort regime for commercial catches which takes into account the volume of recreational catches and / or to adopt other measures restricting recreational fisheries . ### where scientific advice shows that recreational fisheries have a significant impact on the fishing mortality of the stocks concerned , the council should take them into account . to that effect , the council will set fishing opportunities through the effort regime for commercial catches which takes into account the volume of recreational catches in order not to jeopardise commercial / professional fisheries and / or to adopt other measures restricting recreational fisheries .


### in order to provide legal certainty , it is appropriate to clarify that temporary cessation measures that have been adopted in order to attain the objectives of the plan provided for in this regulation can be deemed eligible for support under regulation no 508 / 2014 of the european parliament and of the council32 . _________________ 32 regulation 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 no 2328 / 2003 , no 861 / 2006 , no 1198 / 2006 and no 791 / 2007 and regulation no 1255 / 2011 of the european parliament and of the council . ### in order to provide legal certainty , it is appropriate to clarify that temporary cessation measures , or permanent cessation measures under restructuring plans , that have been adopted in order to attain the objectives of the plan provided for in this regulation can be deemed eligible for support under regulation no 508 / 2014 of the european parliament and of the council32 _________________ 32 regulation 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 no 2328 / 2003 , no 861 / 2006 , no 1198 / 2006 and no 791 / 2007 and regulation no 1255 / 2011 of the european parliament and of the council .


### ‘ fmsy point value’ means the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long - term maximum yield ; ### ‘ fmsy ' means the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long - term maximum yield ;


### the plan shall contribute to the achievement of the objectives of the common fisheries policy , as listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce msy . ### the plan shall achieve of the objectives of the common fisheries policy , as listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce msy .


### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised . it shall be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec and the objectives set out in articles 4 and 5 of directive 2009 / 147 / ec and articles 6 and 12 of council directive 92 / 43 / eec . ### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised . in particular , the plan should contribute to reduce bycatch of sensitive species , as well as the impact on sensitive habitats . it shall be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec and the objectives set out in articles 4 and 5 of directive 2009 / 147 / ec and articles 6and 12 of council directive 92 / 43 / eec .


### the target fishing mortality in line with the ranges of fmsy defined in article 2 shall be achieved as soon as possible , and on a progressive , incremental basis by 2020 for the stocks concerned , and shall be maintained thereafter within the ranges of fmsy . ### the target fishing mortality in line with the ranges of fmsy defined in article 2 shall be achieved as soon as possible , and on a progressive , incremental basis by 2020 for all harvested stocks , and shall be maintained thereafter within the ranges of fmsy .


### for the first year of implementation of the plan , the maximum allowable fishing effort shall be substantially reduced from the baseline provided for in paragraph 4 , in accordance with the scientific advice . ### for the first year of implementation of the plan , in accordance with the best available scientific advice , the maximum allowable fishing effort shall be reduced by the recommended percentage on the basis of an analysis of said advice , taking account of the baseline provided for in paragraph 4 .


### where the best available scientific advice shows that the fishing effort regime is not sufficient to meet the objectives or targets set out in articles 3 and 4 , the council shall adopt complementary management measures based on total allowable catches . ### three years after the date of entry into force of this regulation and where the best available scientific advice shows that it has not been possible to meet the objectives or targets set out in articles 3 and 4 , on the basis of said scientific advice and on a proposal from the commission , the council shall adopt complementary management measures based on total allowable catches .


### where the best available scientific advice shows that the fishing effort regime is not sufficient to meet the objectives or targets set out in articles 3 and 4 , the council shall adopt complementary management measures based on total allowable catches . ### three years after the date of entry into force of this regulation and where the best available scientific advice shows that the fishing effort regime is not sufficient to meet the objectives or targets set out in articles 3 and 4 , on the basis of the scientific advice and a proposal from the commission , the council shall adopt complementary management measures based on catch limits .


### where the closure areas referred to in paragraph 2 affect fishing vessels of several member states , the commission shall be empowered to adopt delegated acts in accordance with article 8 of regulation no 1380 / 2013 and article 18 of this regulation and on the basis of the scientific advice , establishing the closure areas concerned . ### where the closure areas referred to in paragraph 2 affect fishing vessels of several member states , the commission shall be empowered to adopt delegated acts in accordance with article 8 of regulation no 1380 / 2013 and article 18 of this regulation and on the basis of the best available scientific advice , establishing the closure areas concerned .


### other technical conservation measures ### other specific conservation measures


### the commission is empowered to adopt delegated acts in accordance with article 18 supplementing this regulation by establishing the following technical conservation measures : ### if the best available scientific advice is that remedial measures need to be taken to conserve any of the demersal stocks referred to in article 1 of this regulation , in accordance with article 18 of this regulation and article 18 of regulation no 1380 / 2013 , the commission is empowered to adopt delegated acts supplementing this regulation by establishing the following specific conservation measures :


### for the purposes of the annual report provided for in article 50 of regulation no 1380 / 2013 , quantifiable indicators shall include annual estimates of f / fmsy and ssb for the stocks concerned and , where possible , for by - catch stocks . they may be complemented with other indicators on the basis of the scientific advice . ### for the purposes of the annual report provided for in article&#160 ; 50 of regulation no&#160 ; 1380 / 2013 , quantifiable indicators shall include annual estimates of f / fmsy and ssb for the stocks concerned and , where possible , for by - catch stocks . they may be complemented with other indicators on the basis of the scientific advice . socio - economic indicators shall also be included .


### five years after the date of entry into force of this regulation and every five years thereafter , the commission shall report to the european parliament and to the council on the results and the impact of the plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks , in particular as regards the achievement of the objectives set out in article 3 . ### five years after the date of entry into force of this regulation and every three years thereafter , the commission shall report to the european parliament and to the council on the results and the impact of the plan on the stocks , the fisheries , the sector and the local environment to which this regulation applies and on the fisheries exploiting those stocks , in particular as regards the achievement of the objectives set out in article 3 .


### the commission , in cooperation with the national supervisory authorities and the european data protection supervisor , shall regularly carry out campaigns informing the public about the objectives of sis , the data stored , the authorities having access to sis and the rights of data subjects . member states shall , in cooperation with their national supervisory authorities , devise and implement the necessary policies to inform their citizens about sis generally . ### the commission , in cooperation with the national supervisory authorities and the european data protection supervisor , shall regularly carry out campaigns informing the public , including third - country nationals , about the objectives of sis , the data stored , the authorities having access to sis and the rights of data subjects . member states shall , in cooperation with their national supervisory authorities , devise and implement the necessary policies to inform their citizens , including third - country nationals , about sis generally .


### data on third - country nationals in respect of whom an alert has been issued for the purposes of refusing entry and stay shall be entered in sis on the basis of a national alert resulting from a decision taken by the competent administrative or judicial authorities in accordance with the rules of procedure laid down by national law taken on the basis of an individual assessment . appeals against those decisions shall be made in accordance with national law . ### data on third - country nationals in respect of whom an alert has been issued for the purposes of refusing entry and stay shall be entered in sis on the basis of a national alert resulting from a decision , respecting the &#8220 ; ne bis in idem&#8221 ; principle , taken by the competent administrative or judicial authorities in accordance with the rules of procedure laid down by national law taken on the basis of an individual assessment . appeals against those decisions shall be made in accordance with national law .


### in compliance with regulation no 966 / 2012 of the european parliament and of the council on the financial rules applicable to the general budget of the european union26 , the commission should adopt work programmes and inform the european parliament and the council thereof . the work programme should set out the measures needed for their implementation in line with the general and specific objectives of the european solidarity corps , the selection and award criteria for grants , as well as all other elements required . work programmes and any amendments to them should be adopted by implementing acts in accordance with the examination procedure . _________________ 26 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 , oj l 298 , 26 . 10 . 2012 , p . 1 . ### in compliance with regulation no 966 / 2012 of the european parliament and of the council on the financial rules applicable to the general budget of the european union26 , the commission should adopt work programmes and inform the european parliament and the council thereof . the work programme should set out the implementing measures needed for their implementation in line with the general and specific objectives of the european solidarity corps , the selection and award criteria for grants , as well as all other elements required . work programmes and any amendments to them should be adopted by implementing acts in accordance with the examination procedure . _________________ 26 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 , oj l 298 , 26 . 10 . 2012 , p . 1 .


### “volunteering” means a full - time32unpaid voluntary service for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; _________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day . ### “volunteering” means a full - time32 unpaid voluntary service for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of non - profit organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; _________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day .


### the actions of the european solidarity corps shall be consistent with and complementary to the relevant policies and programmes relating to the areas mentioned in article 2 as well as existing union level networks pertinent to the activities of the european solidarity corps . ### the actions of the european solidarity corps shall be consistent with and complementary to the relevant union policies and programmes relating to the areas mentioned in article 2 as well as existing union level networks pertinent to the activities of the european solidarity corps .


### the amount referred to in paragraph 1 includes a financial envelope of eur 294 200 00033 in current prices supplemented by contributions from : __________________ 33 this financial envelope constitutes the prime reference amount within the meaning of point 17 of the interinstitutional agreement between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management . ### the amount referred to in paragraph 1 includes a financial envelope of eur 294 200 00033 in current prices increased by unallocated margins and using fresh sources in future financial years . __________________ 33 this financial envelope constitutes the prime reference amount within the meaning of point 17 of the interinstitutional agreement between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management .


### number of participants in volunteering placements ; ### number and profile of participants in&#160 ; volunteering placements ;


### number of participants in solidarity projects ; ### number and profile of participants in solidarity projects ;


### the agency shall coordinate at union level the gathering , exchange and analysis of information on matters falling within the scope of this regulation . for that purpose , the agency may enter into administrative arrangements with legal and natural persons subject to this regulation , or associations of such persons , on information gathering , exchange and analysis . ### the agency shall coordinate at union level the gathering , exchange and analysis of information on matters falling within the scope of this regulation . for that purpose , the agency may enter into administrative arrangements with legal and natural persons subject to this regulation , or associations of such persons , on information gathering , exchange and analysis , through , as far as possible , existing channels , avoiding additional administrative burden .


### the agency shall , upon request , assist the commission in the preparation of proposals for amendments to this regulation and of delegated and implementing acts to be adopted on the basis of this regulation . the documents that the agency submits to the commission for those purposes shall take the form of opinions . ### the agency shall , upon request , from the commission or any legal or natural person subject to this regulation , assist the commission in the preparation of proposals for amendments to this regulation and of delegated and implementing acts to be adopted on the basis of this regulation . these proposals shall , where possible , lay down requirements that focus on the objectives to be achieved , while allowing different means of achieving compliance with these objectives . the documents that the agency submits to the commission for those purposes shall take the form of opinions .


### the entity and the staff responsible for the certification and oversight tasks must carry out their duties with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive , in particular of a financial type , which could affect their judgment or the results of their certification and oversight tasks , in particular from persons or groups of persons affected by these results . ### the entity and the staff responsible for the certification and oversight tasks must carry out their duties with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive , of any type , which could affect their judgment or the results of their certification and oversight tasks , in particular from persons or groups of persons affected by these results .


### a person operating the unmanned aircraft must be aware of the applicable union and national rules relating to the intended operations , in particular with regard to safety , privacy , data protection , liability , insurance , security or environmental protection . the person must be able to ensure the safety of operation and safe separation of the unmanned aircraft from people on the ground and from other airspace users . this includes being familiar with the operating instructions provided by the manufacturer and with all relevant functionalities of the unmanned aircraft and applicable rules of the air and atm / ans procedures . ### the operator of an unmanned aircraft must be aware of the applicable union and national rules relating to the intended operations , in particular with regard to safety , privacy , data protection , liability , insurance , security and environmental protection . the operator must be able to ensure the safety of operation and safe separation of the unmanned aircraft from people on the ground and from other airspace users . this includes adequate knowledge of the operating instructions provided by the manufacturer and of all relevant functionalities of the unmanned aircraft and applicable rules of the air and atm / ans procedures .


### the annual ceiling for eagf expenditure shall be constituted by the maximum amounts set for it under regulation [ com 322 final ] . ### the annual ceiling for eagf expenditure shall be constituted by the maximum amounts set for it under regulation [ com 322 final ] that sets the limits for the member states .


### until 1 december of the calendar year in respect of which the adjustment rate applies , the commission may , on the basis of new information , adopt implementing acts adapting the adjustment rate set in accordance with paragraph 1 . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 101 . ### until 1 november of the calendar year in respect of which the adjustment rate applies , the commission may , on the basis of new information , adopt implementing acts adapting the adjustment rate set in accordance with paragraph 1 . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 101 .


### the expenditure referred to in article 5 and article 6 may be financed by the union only if : ### the expenditure referred to in article 5 and article 6 may be financed by the union only if it has been effected by accredited paying agencies and :


### where , in the framework of the annual performance clearance referred to in article 52 , the commission establishes that the difference between the expenditure declared and the amount corresponding to the relevant reported output is more than 50% and the member state cannot provide duly justified reasons , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . ### where , in the framework of the annual performance clearance referred to in article 52 , the commission establishes that the difference between the expenditure declared and the amount corresponding to the relevant reported output is more than 50% and the member state cannot provide justified reasons , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 .


### in the event of an emergency , the commission may adopt implementing acts to resolve specific problems in relation to the application of this article . those implementing acts may derogate from paragraph 2 , but only to the extent that , and for such a period , as is strictly necessary . ### in the event of an emergency , the commission may adopt as soon as possible implementing acts to resolve specific problems in relation to the application of this article . those implementing acts may derogate from paragraph 2 , but only to the extent that , and for such a period , as is strictly necessary .


### without prejudice to the checks carried out by member states under national law , regulations and administrative provisions or article 287 of the treaty or to any check organised under article 322 of the treaty or based on council regulation no 2185 / 96 , the commission may organise checks in member states with a view to verifying in particular : ### without prejudice to the checks carried out by member states under national law , regulations and administrative provisions or article 287 of the treaty or to any check organised under article 322 of the treaty or based on council regulation no 2185 / 96 , the commission may organise checks in member states with the exception of conditionality with a view to verifying in particular :


### the commission is empowered to adopt delegated acts in accordance with article 100 supplementing this regulation with specific obligations to be complied with by the member states under this chapter and with rules in particular on the criteria for determining the cases of irregularity within the meaning of regulation no 2988 / 95 and other cases of non - compliance with the conditions established by member states in the cap strategic plan , to be reported and the data to be provided . ### the commission is empowered to adopt delegated acts in accordance with article 100 supplementing this regulation concerning the data to be provided for olaf purposes .


### without prejudice to specific provisions , member states shall take effective and proportionate measures to avoid provisions of union law to be circumvented and ensure , in particular , that no advantage provided for under sectoral agricultural legislation shall be granted in favour of a natural or legal person in respect of whom it is established that the conditions required for obtaining such advantages were created artificially , contrary to the objectives of that legislation . ### without prejudice to specific provisions , member states shall take effective and proportionate measures to avoid provisions of union law to be circumvented and ensure , in particular , that no advantage provided for under sectoral agricultural legislation shall be granted in favour of a natural or legal person in respect of whom it is established that the conditions required for obtaining such advantages were created artificially , contrary to the objectives of that legislation . member states may give further and more detailed national legislation about artificial conditions .


### ' system for the identification and registration of animals ' means the system for the identification and registration of bovine animals laid down by regulation no 1760 / 2000 of the european parliament and of the council33 or the system for the identification and registration of ovine and caprine animals laid down by council regulation no 21 / 200434 ; _________________ 33 regulation no 1760 / 2000 of the european parliament and of the council of 17 july 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing council regulation no 820 / 97 . 34 council regulation no 21 / 2004 of 17 december 2003 establishing a system for the identification and registration of ovine and caprine animals and amending regulation no 1782 / 2003 and directives 92 / 102 / eec and 64 / 432 / eec . ### ' system for the identification and registration of animals ' means the system for the identification and registration of bovine animals laid down by regulation no 1760 / 2000 of the european parliament and of the council33 or the system for the identification and registration of ovine and caprine animals laid down by council regulation no 21 / 200434or the system for the identification and registration of pigs laid down by council directive 2008 / 71 / ec and other databases for animals in use . _________________ 33 regulation no 1760 / 2000 of the european parliament and of the council of 17 july 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing council regulation no 820 / 97 . 34 council regulation no 21 / 2004 of 17 december 2003 establishing a system for the identification and registration of ovine and caprine animals and amending regulation no 1782 / 2003 and directives 92 / 102 / eec and 64 / 432 / eec .


### ' claimless system ' means an application system for area - or animal - based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the member state . ### ' claimless system ' means a prefilled or some other kind of application system for area - or animal - based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the member state . claimless system enables the administration to make the payments to the farmers concerning all interventions and measures the farmer is eligible for based on the details in the official computerised databases , supplemented with additional information from the farmer , where necessary .


### the data and documentation referred to in the first subparagraph relating to the current calendar year or marketing year and to the previous ten calendar years or marketing years shall be accessible for consultation through the digital databases of the competent authority of the member state . ### the data and documentation referred to in the first subparagraph relating to the current calendar year or marketing year and to the previous ten calendar years or marketing years shall be accessible for consultation through the digital databases of the competent authority of the member state . relevant information from the database can also be provided in form of summaries .


### member states shall set up and operate an area monitoring system . ### member states shall set up and operate an area monitoring system . on duly justified grounds , the commission may grant a transitional period regarding area monitoring system for member states that have not used a remote sensing system during the recent years .


### establish the control sample for the checks referred to in point to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 1% of beneficiaries receiving the aid provided for in section 2 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] . ### establish the control sample for the checks referred to in point to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 1% of beneficiaries receiving the aid provided for in section 2 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] . by way of derogation from the previous point , member states may decide to reduce the minimum control rate of 0 , 5 % at the level of each act or standard or group of acts or standards , if the rate of non - compliances found in the random sample checked on the spot shall not exceed 2 % in the preceding two claim years .


### shall provide that no administrative penalty be imposed where the non - compliance is due to force majeure . ### shall provide that no administrative penalty be imposed in the following cases :


### for the calculation of those reductions and exclusions , account shall be taken of the severity , extent , permanence , reoccurrence or intentionality of the non - compliance determined . the penalties imposed shall be dissuasive and proportionate , and compliant with the criteria set out in paragraphs 2 and 3 of this article . ### for the calculation of those reductions and exclusions , account shall be taken of the severity , extent , permanence or reoccurrence of the non - compliance determined . the penalties imposed shall be dissuasive and proportionate , and compliant with the criteria set out in paragraphs 2 and 3 of this article .


### member states may set up an early warning system that applies to individual cases of non - compliance occurring for the first time and which , given their minor severity , extent and permanence , shall not lead to a reduction or exclusion . where a subsequent check within three consecutive calendar years establishes that the non - compliance has not been remedied , the reduction pursuant to the first subparagraph shall be applied retroactively . ### member states may set up an early warning system that applies to individual cases of non - compliance occurring for the first time and which , given their minor severity , extent and permanence , shall not lead to a reduction or exclusion . where a subsequent check within three consecutive calendar years establishes that the non - compliance has not been remedied , the reduction pursuant to the first subparagraph shall be applied for the year when the non - compliance was found not to have been remedied .


### member states shall inform the commission regularly of the application of the integrated system referred to in chapter ii of title iv . the commission shall organise exchanges of views on this subject with the member states . ### the commission shall organise exchanges of views on the integrated system referred to in chapter ii of title iv with the member states .


### the commission is empowered to adopt delegated acts in accordance with article 101 supplementing this regulation with derogations from , and additions to , the rules provided for in this regulation , where necessary . ### the commission is empowered to adopt delegated acts in accordance with article 101 supplementing this regulation with derogations from , and additions to , the rules provided for in this regulation , where necessary . these acts shall be drafted immediately after the need has appeared .


### the objectives of the cfp are , inter alia , to ensure that fishing and aquaculture are environmentally sustainable in the long term , to apply the precautionary approach to fisheries management , and to implement the ecosystem - based approach to fisheries management . ### the objectives of the cfp are to ensure that fishing and aquaculture are environmentally sustainable in the long term , to apply the precautionary approach to fisheries management , to implement the ecosystem - based approach to fisheries management , to contribute also to supplying the union market with food of high nutritional value , to reduce the union market ' s dependence on food imports and to promote direct and indirect job creation and the economic development of coastal areas .


### pursuant to articles 9 and 10 of regulation no 1380 / 2013 , multi - annual plans are to be based on scientific , technical and economic advice . in accordance with those provisions , this plan should contain objectives , quantifiable targets with clear timeframes , conservation reference points , safeguards and technical measures designed to avoid and reduce unwanted catches . ### pursuant to articles 9 and 10 of regulation no 1380 / 2013 , multi - annual plans are to be based on scientific , technical and economic advice . in accordance with those provisions , this plan should contain , as an objective , the maximum sustainable yield with quantifiable targets with clear timeframes , conservation reference points , safeguards and technical measures designed to avoid and reduce unwanted catches , as well as the meeting of social and economic objectives .


### council regulations no 811 / 200418 , no 2166 / 200519 , no 388 / 200620 , 509 / 200721 , no 1300 / 200822and no 1342 / 200823set out the rules for the exploitation of the northern stock of hake , hake and norway lobster stocks in the cantabrian sea and by the western iberian peninsula , sole in the bay of biscay , sole in the western channel , herring in the west of scotland and cod in the kattegat , the north sea in the west of scotland and the irish sea . these and other demersal stocks are taken in mixed fisheries . therefore , it is appropriate to establish a single multi - annual plan taking into account such technical interactions . _________________ 18 council regulation no 811 / 2004 of 21 . 4 . 2004 establishing measures for the recovery of the northern hake stock 19 council regulation no 2166 / 2005 of 20 december 2005 establishing measures for the recovery of the southern hake and norway lobster stocks in the cantabrian sea and western iberian peninsula and amending regulation no 850 / 98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms 20 council regulation no 388 / 2006 of 23 february 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the bay of biscay 21 council regulation no 509 / 2007 of 7 may 2007 establishing a multi - annual plan for the sustainable exploitation of the stock of sole in the western channel 22 council regulation no 1300 / 2008 of 18 december 2008 establishing a multi - annual plan for the stock of herring distributed to the west of scotland and the fisheries exploiting that stock 23 council regulation no 1342 / 2008 of 18 december 2008 establishing a long - term plan for cod stocks and the fisheries exploiting those stocks and repealing regulation no 423 / 2004 ### council regulations no 811 / 200418 , no 2166 / 200519 , no 388 / 200620 , 509 / 200721 , no 1300 / 200822 and no 1342 / 200823 set out the rules for the exploitation of the northern stock of hake , hake and norway lobster stocks in the cantabrian sea and by the western iberian peninsula , sole in the bay of biscay , sole in the western channel , herring in the west of scotland and cod in the kattegat , the north sea in the west of scotland and the irish sea . these and other demersal stocks are taken in mixed and / or multispecies fisheries . therefore , it is appropriate to establish a single multi - annual plan taking into account such technical interactions . _________________ 18 council regulation no 811 / 2004 of 21 . 4 . 2004 establishing measures for the recovery of the northern hake stock 19 council regulation no 2166 / 2005 of 20 december 2005 establishing measures for the recovery of the southern hake and norway lobster stocks in the cantabrian sea and western iberian peninsula and amending regulation no 850 / 98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms 20 council regulation no 388 / 2006 of 23 february 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the bay of biscay 21 council regulation no 509 / 2007 of 7 may 2007 establishing a multi - annual plan for the sustainable exploitation of the stock of sole in the western channel 22 council regulation no 1300 / 2008 of 18 december 2008 establishing a multi - annual plan for the stock of herring distributed to the west of scotland and the fisheries exploiting that stock 23 council regulation no 1342 / 2008 of 18 december 2008 establishing a long - term plan for cod stocks and the fisheries exploiting those stocks and repealing regulation no 423 / 2004


### it is appropriate to establish the target fishing mortality that corresponds to the objective of reaching and maintaining msy as ranges of values which are consistent with achieving msy . those ranges , based on best available scientific advice , are necessary in order to provide flexibility to take account of developments in the scientific advice , to contribute to the implementation of the landing obligation and to take into account the characteristics of mixed fisheries . the fmsy ranges should be calculated by the international council for the exploration of the sea , in particular in its periodic catch advice . based on this plan they are derived to deliver no more than a 5% reduction in long - term yield compared to msy24 . the upper limit of the range is capped , so that the probability of the stock falling below blim is no more than 5% . that upper limit also conforms to the ices ' advice rule ' , which indicates that when the spawning biomass or abundance is in a poor state , f be reduced to a value that does not exceed an upper limit equal to the fmsy point value multiplied by the spawning biomass or abundance in the total allowable catch year divided by msy btrigger . ices uses these considerations and the advice rule in its provision of scientific advice on fishing mortality and catch options . _________________ 24 eu request to ices to provide fmsy ranges for selected stocks in ices subareas 5 to 10 ### it is appropriate to establish the target fishing mortality that corresponds to the objective of reaching and maintaining msy as ranges of values which are consistent with achieving msy . those ranges , based on best available scientific advice , are necessary in order to provide flexibility to take account of developments in the scientific advice , to contribute to the implementation of the landing obligation and to take into account the characteristics of mixed and / or multispecies fisheries . the fmsy ranges should be calculated by the international council for the exploration of the sea , in particular in its periodic catch advice . based on this plan they are derived to deliver no more than a 5% reduction in long - term yield compared to msy24 . the upper limit of the range is capped , so that the probability of the stock falling below blim is no more than 5% . that upper limit also conforms to the ices ' advice rule ' , which indicates that when the spawning biomass or abundance is in a poor state , f be reduced to a value that does not exceed an upper limit equal to the fmsy point value multiplied by the spawning biomass or abundance in the total allowable catch year divided by msy btrigger . ices uses these considerations and the advice rule in its provision of scientific advice on fishing mortality and catch options . _________________ 24 eu request to ices to provide fmsy ranges for selected stocks in ices subareas 5 to 10


### where on the basis of scientific advice the commission considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended , the commission may submit a proposal for the amendment of that list . ### where on the basis of best available scientific advice the commission considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended , the commission may submit a proposal for the amendment of that list .


### this regulation also specifies details for the implementation of the landing obligation in union waters of the western waters for all stocks of species to which the landing obligation applies under article 15 of regulation no 1380 / 2013 . ### this regulation also specifies details for the full implementation of the landing obligation in union waters of the western waters for all stocks of species to which the landing obligation applies under article 15 of regulation no 1380 / 2013 .


### ' fmsy point value ' is the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long - term maximum yield . ### ' fmsy ' is the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long - term maximum yield .


### the plan shall contribute to the achievement of the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce msy . ### the plan shall achieve the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce msy .


### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised . it shall be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec and the objectives set out in articles 4 and 5 of directive 2009 / 147 / ec and articles 6 and 12 of council directive 92 / 43 / eec . ### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem , and in particular on vulnerable habitats and protected species , including marine mammals , marine reptiles and seabirds , are minimised . it shall be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec and the objectives set out in articles 4 and 5 of directive 2009 / 147 / ec and articles 6 and 12 of council directive 92 / 43 / eec .


### contribute to the fulfilment of other relevant descriptors contained in annex i to directive 2008 / 56 / ec in proportion to the role played by fisheries in their fulfilment . ### ensure that negative impacts of fishing on the marine environment are minimised , in particular regarding vulnerable habitats and protected species , including marine mammals and seabirds .


### measures under the plan shall be taken in accordance with the best available scientific advice . where there is insufficient data , a comparable degree of conservation of the relevant stocks shall be pursued . ### measures under the plan shall be taken in accordance with the best available scientific advice . where there is insufficient data , at least a comparable degree of conservation of the relevant stocks shall be pursued .


### if , on the basis of scientific advice or evidence , it is necessary for the achievement of the objectives laid down in article 3 in the case of mixed fisheries ; ### if , on the basis of scientific advice or evidence , it is necessary for the achievement of the objectives laid down in article 3 in the case of mixed and / or multispecies fisheries ;


### in order to limit variations in fishing opportunities between consecutive years to not more than 20% . ### in order to limit variations in fishing opportunities between consecutive years to not more than 20% , except in those cases in which ' choke ' situations or other situations which paralyse or significantly affect the activity of some fleets are alleviated .


### for the purpose of paragraph 1 of this article , member states having direct management interest in the north western waters and member states having direct management interest in the south western waters may submit joint recommendations in accordance with article 18 of regulation no 1380 / 2013 for the first time not later than twelve months after the entry into force of this regulation and thereafter twelve months after each submission of the evaluation of the plan in accordance with article 14 . they may also submit such recommendations when deemed necessary by them , in particular in the event of an abrupt change in the situation for any of the stocks to which this regulation applies . joint recommendations in respect of measures concerning a given calendar year shall be submitted no later than 1 july of the previous year . ### for the purpose of paragraph 1 of this article , member states having direct management interest in the north western waters and member states having direct management interest in the south western waters may submit joint recommendations in accordance with article 18 of regulation no 1380 / 2013 for the first time not later than twelve months after the entry into force of this regulation and thereafter twelve months after each submission of the evaluation of the plan in accordance with article 14 . they may also submit further recommendations when necessary , in particular in the event of a change in the situation of any of the stocks to which this regulation applies , as well as to set out a plan which contains measures to implement the ecosystem based approach to fisheries management in the western waters . joint recommendations in respect of measures concerning a given calendar year shall be submitted no later than 1 july of the previous year .


### for the purpose of paragraph 1 of this article , member states having direct management interest in the north western waters and member states having direct management interest in the south western waters may submit joint recommendations in accordance with article 18 of regulation no 1380 / 2013 for the first time not later than twelve months after the entry into force of this regulation and thereafter twelve months after each submission of the evaluation of the plan in accordance with article 14 . they may also submit such recommendations when deemed necessary by them , in particular in the event of an abrupt change in the situation for any of the stocks to which this regulation applies . joint recommendations in respect of measures concerning a given calendar year shall be submitted no later than 1 july of the previous year . ### for the purpose of paragraph 1 of this article , member states having direct management interest in the north western waters and member states having direct management interest in the south western waters may submit joint recommendations after consulting the advisory councils in accordance with article 18 of regulation no 1380 / 2013 for the first time not later than twelve months after the entry into force of this regulation and thereafter twelve months after each submission of the evaluation of the plan in accordance with article 14 . they shall submit such recommendations in the event of an abrupt change in the situation for any of the stocks to which this regulation applies . joint recommendations in respect of measures concerning a given calendar year shall be submitted no later than 1 july of the previous year .


### reflecting the important contribution that research and innovation should make to address challenges in food , agriculture , rural development and the bioeconomy , and to seize the corresponding research and innovation opportunities in close synergy with common agricultural policy , relevant actions under the specific programme will be supported with eur 10 billion for the cluster ' food and natural resources ' for the period 2021 - 2027 . ### reflecting the important contribution that research and innovation should make to address challenges in food , agriculture , rural development and the bioeconomy , and to seize the corresponding research and innovation opportunities in close synergy with common agricultural policy , relevant actions under the specific programme will be supported in a dedicated cluster ' food and natural resources ' for the period 2021 - 2027 .


### in accordance with article 9of regulation &#8230 ; fp / rfp regulation , the financial envelope for the implementation of the specific programme for the period 2021 to 2027 shall be eur 94 100 000 000 in current prices . ### in accordance with article 9of regulation &#8230 ; fp / rfp regulation , the financial envelope for the implementation of the specific programme for the period 2021 to 2027 shall be eur 120 000 000 000 in 2018 prices .


### the commission shall establish a european innovation council for implementing actions under pillar iii ' open innovation ' which relate to the eic . the eic shall operate according to the following principles : focus on breakthrough and disruptive innovation , autonomy , ability to take risk , efficiency , effectiveness , transparency and accountability . ### the commission shall establish a european innovation council for implementing actions under pillar iii ' open innovation ' which relate to the eic . the eic shall operate according to the following principles : focus on breakthrough and disruptive innovation , support for incremental innovation , autonomy , ability to take risk , efficiency , effectiveness , transparency and accountability .


### the commission shall adopt separate work programmes , by means of implementing acts , for the implementation of actions under the following components , as set out in article 3 of this decision : ### the commission is empowered to adopt delegated acts in accordance with article 12a , amending annex iia to adopt separate work programmes for the implementation of actions under the following components , as set out in article 3 of this decision :


### the erc , where the work programme shall be established by the scientific council under point of article 7 , in accordance with the advisory procedure referred to in article 12 . the commission shall depart from the work programme established by the scientific council only when it considers that it is not in accordance with the provisions of this decision . in that case , the commission shall adopt the work programme by means of an implementing act in in accordance with the examination procedure referred to in article 12 . the commission shall duly motivate this measure ; ### the erc , where the work programme shall be established by the scientific council under point of article 7 . the commission shall depart from the work programme established by the scientific council only when it considers that it is not in accordance with the provisions of this decision ;


### all clusters under the pillar ' global challenges and industrial competitiveness ' , msca , research infrastructures , support to innovation ecosystems , sharing excellence and reforming and enhancing the european r&i system , in accordance with the examination procedure referred to in article 12 ; ### all clusters under the pillar ' global challenges and industrial competitiveness ' , msca , research infrastructures , support to innovation ecosystems , sharing excellence and reforming and enhancing the european r&i system ;


### the eic , where the work programme shall be prepared following the advice of the eic board under point of article 10 , in accordance with the examination procedure referred to in article 12 ; ### the eic , where the work programme shall be prepared following the advice of the eic board under point of article 10 ;


### complementarity and coordination with union initiatives addressing root causes of migration should be ensured , including with union support for the sustainable reintegration of returned migrants in the countries of origin . ### complementarity and coordination with union initiatives addressing root causes of migration should be ensured , including with union support for the sustainable reintegration of returned migrants in the countries of origin . the eib should therefore cooperate closely with the eeas and should be able to call upon the relevant international organisations such as the iom and the unhcr where necessary .


### ‘ to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries’ ; ### ‘ to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries’ ; the eib shall endeavour to identify the obstacles preventing smes from accessing finance and to resolve this situation .


### an assessment of the contribution of eib financing operations to the fulfilment of union external policy and strategic objectives , taking into account the regional technical operational guidelines referred to in article 5 ; ### article 11 , paragraph 1 is amended as follows : an assessment of the contribution of eib financing operations to the fulfilment of union external policy and strategic objectives and of their coherence with other eu policies , taking into account the regional technical operational guidelines referred to in article 5 ;


### «2 . for the purposes of the commission ' s reporting referred to in paragraph 1 , the eib shall provide the commission with yearly reports on eib financing operations carried out under this decision including all necessary elements allowing the commission to report in accordance with paragraph 1 . the eib may also provide to the commission additional information relevant for the european parliament and the council to have a comprehensive overview of eib external activity . ### in article 11 , paragraph 2 is amended as follows : « 2 . for the purposes of the commission ' s reporting referred to in paragraph 1 , the eib shall provide the commission with yearly reports on eib financing operations carried out under this decision including all necessary elements allowing the commission to report in accordance with paragraph 1 . the eib may also provide to the commission additional information relevant for the european parliament and the council to have a comprehensive overview of eib external activity . the european parliament may , on the basis of the yearly reports , draw up recommendations to the eib concerning ongoing projects . »


### in order to acquire a complete knowledge on the configuration of the heavy - duty vehicle fleet in the union , its development over time and potential impact on co2 emissions , it is appropriate to monitor and report data on the registration of all new heavy - duty vehicles and all new trailers , including data on the powertrains as well as the relevant bodywork . ### in order to acquire a complete knowledge on the configuration of the heavy - duty vehicle fleet in the union , its development over time and potential impact on co2 emissions , it is appropriate to monitor and report and make publicly available in a digitally searchable format and free of charge the data on the registration of all new heavy - duty vehicles and all new trailers , including the data on the efficiency of powertrains as well as the relevant bodywork and components .


### technical data essential for determining the co2 emissions and fuel consumption performance of a vehicle should be publicly available to increase the transparency of the vehicle specifications and the related performance , and to foster competition among manufacturers . only data that are sensitive on the grounds of personal data protection and fair competition should not be published . however , it is clearly in the public interest that technical data essential for determining the performance of vehicles is available . such data should therefore not be exempt from public access . ### relevant technical data for determining the co2 emissions and fuel consumption performance of a vehicle should be publicly available to ensure maximum transparency for transport companies , increase the transparency of the vehicle specifications and the related performance , and to foster competition among manufacturers . only data that are sensitive on the grounds of personal data protection and fair competition should not be published . however , it is clearly in the public interest that the performance capabilities of vehicles and relevant technical data are available . such data should therefore not be exempt from public access .


### the commission shall keep a central register for the data reported in accordance with articles 4 and 5 . the register shall be publicly available with the exception of data entries 1 , 24 , 25 , 32 , 33 , 39 and 40 specified in part b of annex i . ### the commission shall keep a central register for the data reported in accordance with articles 4 and 5 . the register shall be publicly available with the exception of data entries 1 , 4 , 5 , 22 , 23 , 24 , 25 , 26 , 28 , 32 , 33 , 34 , 35 , 36 , 39 and 40 , 42 , 45 , 48 , 52 , 53 , 54 and 55 specified in part b of annex i . before the data are published , the commission should inform the member states and the producers about the data to be published . the member states and producers should have the opportunity to correct mistakes within three months of notification .


### the commission may carry out its own verification of the quality of the data reported pursuant to articles 4 and 5 . ### the commission shall carry out its own verification of the quality of the data , on a representative sample and on a regular basis , reported pursuant to articles 4 and 5 .


### since the european public prosecutor ' s office should be established from eurojust , this regulation includes the provisions necessary to regulate the relations between eurojust and the european public prosecutor ' s office . ### considering that the european public prosecutor’s office is established by enhanced cooperation , the regulation implementing enhanced cooperation on the establishment of the european public prosecutor’s office is binding in its entirety and only directly applicable to member states which participate in enhanced cooperation . therefore , for those member states not participating in the european public prosecutor’s office , eurojust remains fully competent for forms of crime listed in annex i to this regulation .


### eurojust national coordination systems should be set up in the member states to coordinate the work carried out by the national correspondents for eurojust , the national correspondent for eurojust for terrorism matters , the national correspondent for the european judicial network and up to three other contact points , as well as representatives in the network for joint investigation teams and of the networks set up by council decision 2002 / 494 / jha of 13 june 2002 setting up a european network of contact points in respect of persons responsible for genocide , crimes against humanity and war crimes10 , council decision 2007 / 845 / jha of 6 december 2007 concerning cooperation between asset recovery offices of the member states in the field of tracing and identification of proceeds from , or other property related to crime11 and by council decision 2008 / 852 / jha of 24 october 2008 on a contact - point network against corruption12 . _________________ 10 oj l 167 , 26 . 6 . 2002 , p . 1 11 oj l 332 , 18 . 12 . 2007 , p . 103 . 12 oj l 301 , 12 . 11 . 2008 , p . 38 . ### eurojust national coordination systems should be set up in the member states to coordinate the work carried out by the national correspondents for eurojust , the national correspondent for eurojust for terrorism matters , the national correspondent for eurojust for issues relating to the competence of the european public prosecutor’s office designated by the member states that do not participate in the european public prosecutor’s office , the national correspondent for the european judicial network and up to three other contact points , as well as representatives in the network for joint investigation teams and of the networks set up by council decision 2002 / 494 / jha of 13 june 2002 setting up a european network of contact points in respect of persons responsible for genocide , crimes against humanity and war crimes10 , council decision 2007 / 845 / jha of 6 december 2007 concerning cooperation between asset recovery offices of the member states in the field of tracing and identification of proceeds from , or other property related to crime11 and by council decision 2008 / 852 / jha of 24 october 2008 on a contact - point network against corruption12 . _________________ 10 oj l 167 , 26 . 6 . 2002 , p . 1 11 oj l 332 , 18 . 12 . 2007 , p . 103 . 12 oj l 301 , 12 . 11 . 2008 , p . 38 .


### for the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities it is crucial that eurojust receives relevant information from national authorities necessary for the performance of its tasks . to this end , national competent authorities should inform their national members of the setting up and results of joint investigation teams , of cases under the competence of eurojust directly involving at least three member states and for which requests or decisions on judicial cooperation have been transmitted to at least two member states , as well as , under certain circumstances , information on conflicts of jurisdiction , controlled deliveries and repeated difficulties in judicial cooperation . ### for the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities it is crucial that eurojust receives relevant information from national authorities necessary for the performance of its tasks . to this end , national competent authorities should inform their national members of the setting up and results of joint investigation teams , of cases under the competence of eurojust directly involving at least two member states and for which requests or decisions on judicial cooperation have been transmitted to at least two member states , as well as , under certain circumstances , information on conflicts of jurisdiction , controlled deliveries and repeated difficulties in judicial cooperation .