### fishing opportunities fishing opportunities allocated to member states shall ensure each member state relative stability of fishing activities for each fish stock or fishery . the interests of each member state shall be taken into account when new fishing opportunities are allocated . 2 . by - catch fishing opportunities may be reserved under the total fishing opportunities . 3 . fishing opportunities shall comply with quantifiable targets , time frames and margins established in accordance with article 9 and 11 , and . 4 . member states may , after notifying the commission , exchange all or part of the fishing opportunities allocated to them . ### fishing opportunities when fixing and allocating fishing opportunities , the council shall act in accordance with articles 2 , 9 , 10 and 11 of this regulation , shall apply a long - term perspective and shall follow the best available scientific advice . fishing opportunities shall be distributed among member states in such a way as to ensure , for each of them relative stability of fishing activities for each stock or fishery . the interests of each member state shall be taken into account when new fishing opportunities are allocated . the council shall establish the fishing opportunities available to third countries in union waters and allocate those opportunities to these third countries . the allocation of fishing opportunities to a member state or a third country shall be conditional upon its compliance with the rules of the common fisheries policy . 2 . by - catch fishing opportunities may be reserved under the total fishing opportunities . 3 . fishing opportunities shall comply with quantifiable catch targets , time frames and margins established in multiannual plans in accordance with article 9 and 11 , and . if no corresponding multiannual plan has been adopted for a commercially used fish stock , the council shall ensure that , by 2015 , tacs are set at levels that should allow fish stocks to recover , by 2020 at the latest , above levels that are capable of producing the maximum sustainable yield and all recovered stocks to be maintained at these levels . 3a . delegations from the european parliament and the advisory councils shall be present when decisions on establishing fishing opportunities are taken by the council . 3b . where , owing to a lack of data , it is not possible to determine exploitation rates for given stocks that are consistent with the maximum sustainable yield : the precautionary approach shall be applied to fisheries management ; proxy standards shall be adopted on the basis of the methodologies set out in points 3 . 1 and 3 . 2 of part b of the annex to decision 2010 / 477 / eu , and fishing mortality shall be further reduced in accordance with the precautionary principle or , in cases where there are indications that the stock status is satisfactory , of stable trends ; the commission and the member states shall evaluate the obstacles to research and knowledge and take steps to enable additional stock and ecosystem data to be supplied without delay . 4 . member states may , after notifying the commission , exchange all or part of the fishing opportunities allocated to them . 4a . the commission shall present to the european parliament and to the council an annual report assessing whether current fishing opportunities are proving effective in restoring and maintaining populations of harvested species at levels above those which can produce the target laid down in article 2 .


### types of conservation measures measures for the conservation of marine biological resources may include the following : adopting multiannual plans under articles 9 - 11 ; establishing targets for the sustainable exploitation of stocks ; adopting measures for the purpose of adapting the number of fishing vessels and / or types of fishing vessels to available fishing opportunities ; establishing incentives , including those of an economic nature , to promote more selective or low impact fishing ; fixing fishing opportunities ; adopting technical measures as referred to in article 14 ; adopting measures concerning the obligation to land all catches ; conducting pilot projects on alternative types of fishing management techniques . ### types of conservation measures measures for the conservation and sustainable exploitation of marine biological resources may include the following : adopting multiannual plans under articles 9 - 11 ; establishing targets for the sustainable exploitation and conservation of stocks and the protection of the marine environment from the impact of fishing activities adopting measures for the purpose of adapting the number of fishing vessels and / or types of fishing vessels to available fishing opportunities establishing incentives to promote more selective fishing and fishing methods having a low impact on the marine ecosystem and fishery resources , including preferential access to national fishing opportunities reserved in accordance with art . 29 and incentives of an economic nature , adopting measures on the fixing and allocation of fishing opportunities , as defined in article 1 , adopting technical measures as referred to in articles 8 and 14 , adopting measures in pursuit of the objectives laid down in article 15 of this regulation , conducting pilot projects on alternative types of fishing management techniques and gears that increase selectivity or minimise the impact of fishing activities on the marine environment , adopting measures which help member states to meet requirements under environmental legislation ; establishing fish stocks recovery areas ; adopting other measures that help to achieve the objectives of articles 2 and 3 .


### improving the competitiveness of the aquaculture industry and supporting its development and innovation ; encouraging economic activity ; diversification and improvement of the quality of life in coastal and rural areas ; a level - playing field for aquaculture operators in relation to access to waters and space . 2 . member states shall establish a multiannual national strategic plan for the development of aquaculture activities on their territory by 2014 . ### the simplification of legislation in the sector and the reduction of administrative burdens on the european level ; the integration of aquaculture activities into other policies as policies for coastal zones , sea strategies and guidelines for marine spatial planning , the implementation of the water framework directive and the environmental policy . 2 . the eu shall support the production and consumption of european sustainable aquaculture products through : establishing transparent and general qualitative criteria for aquaculture by 2014 to assess and minimize the environmental impacts of aquaculture and farming activities ; ensuring supplies reach consumers at reasonable prices ; laying down rules regarding the traceability , security and quality of eu and imported aquaculture products , through appropriate marking or labelling as established in article 42 of the regulation on the common organisation of the markets in fishery and aquaculture products [ regulation number to be defined by the lawyer linguists ] ;


### – ' maximum sustainable yield ' means the maximum catch that may be taken from a fish stock indefinitely ; ### – ' maximum sustainable yield ' means the highest theoretical equilibrium yield that can be continuously taken from a stock under existing environmental conditions without affecting significantly the reproduction process ;


### – ‘ precautionary approach to fisheries management’ means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non - target species and their environment ; ### – ' precautionary approach to fisheries management ' means an approach according to which the existence of scientific uncertainties should not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non - target species and their environment ;


### specific measures to reduce the impact of fishing activities on marine eco - systems and non target species ; ### specific measures to reduce the impact of fishing activities on marine eco - systems and non target species , including measures for the reduction of bycatch , the protection of seafloor integrity , protecting the functioning of marine food webs , and reducing the disturbance of interactions between species within the marine ecosystem ;


### in a multiannual plan established pursuant to articles 9 , 10 and 11 member states may be authorised to adopt measures , in accordance with that multiannual plan , which specify the conservation measures applicable to vessels flying their flag in relation to stocks in union waters for which they have been allocated fishing opportunities . ### in a multiannual plan established pursuant to articles 9 , 10 and 11 , the council and european parliament may authorise member states to adopt measures , in accordance with that multiannual plan , which specify the conservation measures applicable to vessels flying their flag in relation to stocks in union waters for which they have been allocated fishing opportunities and to all vessels fishing within the territorial waters of the member state , and which may not discriminate against the fleets of other member states .


### objectives of multiannual plans multiannual plans shall provide for adaptations of the fishing mortality rate , resulting in a fishing mortality rate that restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015 . 2 . in cases where the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yield is not possible , multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks . ### objectives of multiannual plans multiannual plans shall provide for the adaptation of fishing mortality rates , such that by 2015 , fishing mortality rates are set at levels that should allow fish stocks to recover , by 2020 at the latest , above levels that are capable of producing the maximum sustainable yield and all recovered stocks to be maintained at these levels . 2 . in cases where the determination of a fishing mortality as established in paragraph 1 is not possible , multiannual plans shall apply the precautionary approach to fisheries management and set out proxy standards and measures that ensure at least a comparable degree of conservation of relevant stocks . 2a . without prejudice to the provisions of paragraph 1 and 2 , measures to be included in multiannual plans and the calendar of their implementation shall be proportionate to the objectives , the targets and the expected timeframe , and take into account their economic and social impact . they shall be implemented in a gradual manner , except in urgent cases .


### minimisation of impacts of fishing on the eco - system ; ### minimisation of unwanted impacts of fishing on the eco - system ;


### – ‘ precautionary approach to fisheries management’ means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non - target species and their environment ; ### – ' precautionary approach to fisheries management ' , as referred to in article 6 of the un fish stocks agreement , means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve or prevent damage to target species , associated or dependent species and non - target species and their environment ;


### – ‘ fishing capacity’ means a vessel ' s tonnage in gt and its power in kw as defined in articles 4 and 5 of council regulation no 2930 / 8635 ; ### – ' fishing capacity ' means the ability of a vessel to catch fish . indicators that can be used to quantify fishing capacity are vessel characteristics , including a vessel ' s tonnage in gt , its power in kw as defined in articles 4 and 5 of council regulation no 2930 / 86 [ 1 ] , the fishing gear and fishing technique it employs and the number of days spent at fishing ; [ 1 ] oj l 274 , 25 . 9 . 1986 , p . 1 .


### – ' fishing capacity ' means a vessel ' s tonnage in gt and its power in kw as defined in articles 4 and 5 of council regulation no 2930 / 86 ; ### – ' fishing capacity ' means the ability of a vessel to catch fish , measured in terms of vessel characteristics , including a vessel ' s tonnage in gt , its power in kw as defined in articles 4 and 5 of council regulation no 2930 / 86 , as well as the character and size of its fishing gears and any other parameter that affects its ability to catch fish ;


### an advisory council on aquaculture shall be established in accordance with article 53 . ### an advisory council on aquaculture and inland fishing shall be established in accordance with article 52 .


### – ' end - user of scientific data ' means a body with a research or management interest in the scientific analysis of data in the fisheries sector ; ### – ‘ end - user of scientific data’ means a research body , or a management body with an interest in the scientific analysis of data in the fisheries sector ;


### establishing targets for the sustainable exploitation of stocks ; ### establishing targets for the sustainable exploitation and conservation of stocks ;


### – ' fishing opportunity ' means a quantified legal entitlement to fish , expressed in terms of catches and / or fishing effort and conditions functionally linked thereto which are necessary to quantify them at a certain level ; ### – ‘ fishing opportunity’ means a quantified legal entitlement to fish a certain fish stock , expressed in terms of maximum catches or maximum fishing effort for a given management area ;


### types of technical measures technical measures may include the following : mesh sizes and rules concerning the use of fishing gears ; restrictions on the construction of fishing gear , including modifications or additional devices to improve selectivity or to reduce impact on the benthic zone ; ii ) modifications or additional devices to reduce the incidental capture of endangered , threatened and protected species ; prohibitions of the use of certain fishing gears in certain areas or seasons ; prohibition or restriction of fishing activities in certain zones and / or periods ; requirements for fishing vessels to cease operating in an area for a defined minimum period in order to protect a temporary aggregation of a vulnerable marine resource ; specific measures to reduce the impact of fishing activities on marine eco - systems and non target species ; other technical measures aimed at protecting marine biodiversity . ### types of technical measures technical measures may include the following : definition of the characteristics of fishing gears and rules concerning their use specifications on the construction of fishing gear , including : modifications or additional devices to improve selectivity or to minimize the negative impact on the ecosystem ; ii ) modifications of additional devices to reduce the incidental capture of endangered , threatened and protected species , as well as other unwanted catches ; prohibitions of or restrictions on the use of certain fishing gears or other technical equipment ; prohibition of or restriction on fishing activities in certain zones or periods ; requirements for fishing vessels to cease operating in a defined area for a defined minimum period in order to protect essential fish habitats , temporary aggregations of a vulnerable marine resource , endangered species , spawning fish or juveniles ; specific measures to minimise the negative impact of fishing activities on the marine biodiversity and marine eco - systems , including measures to avoid , reduce and as far as possible eliminate unwanted catches ;


### multiannual plans shall provide for adaptations of the fishing mortality rate , resulting in a fishing mortality rate that restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015 . ### multiannual plans shall provide for adaptations of the fishing mortality rate , resulting in the restoration and maintenance of all stocks above levels capable of producing maximum sustainable yield by 2015 .


### default measures adopted under a technical measures ' framework the commission shall be empowered to adopt delegated acts in accordance with article 55 to specify the technical measures covered by a technical measures framework , if the member states authorised to take measures in accordance with article 21 do not notify such measures to the commission within three months after the date of entry into force of the technical measures framework . 2 . the commission shall be empowered to adopt delegated acts in accordance with article 55 to specify technical measures , if member state measures are deemed on the basis of an assessment carried out pursuant to article 23 : not to be compatible with the objectives set out in a technical measures framework or not to meet the objectives set out in such a technical measures framework effectively . 3 . the technical measures adopted by the commission shall aim at ensuring that the objectives of the technical measures framework are met . upon the adoption of the delegated act by the commission , the member state measures shall cease to be effective . ### default measures adopted under a technical measures ' framework the commission shall be empowered to adopt delegated acts in accordance with article 55 to specify the technical measures covered by a technical measures framework , if the member states authorised to take measures in accordance with article 21 do not notify such measures to the commission within the period provided for in the technical measures framework or , failing that , within six months after the date of entry into force of the technical measures framework . 2 . in the event that the commission considers that member state measures are not compatible with the objectives set out in a technical measures framework or do not meet the objectives set out in such a technical measures framework effectively , it shall notify the member state of its opinion as regards the measures , giving reasons for why the commission considers that the measures are not compatible with or do not meet the objectives set out in the technical measures framework . 2a . in the event of the commission delivering an opinion pursuant to paragraph 2 , the relevant member state shall have three months in which to modify their measures in order to make them compatible with and to meet the objectives of the technical measures framework . 2b . in the event of a member state failing to modify their measures pursuant to paragraph 2a , the commission shall be empowered to adopt delegated acts in accordance with article 55 to specify technical measures covered by the technical measures framework . 3 . the technical measures adopted by the commission shall aim at ensuring that the objectives of the technical measures framework are met . upon the adoption of the delegated act by the commission , the member state measures shall cease to be effective . 4a . prior to adopting any delegated acts in accordance with article 55 , the commission shall consult the relevant advisory councils , ices and the scientific , technical and economic committee for fisheries on a draft of the measures accompanied by an explanatory memorandum .


### promoting aquaculture ### promoting aquaculture through union strategic guidelines and national strategic plans


### no exit from the fleet supported by public aid granted under the framework of the european fisheries fund for the 2007 - 2013 programming period shall be permitted unless preceded by the withdrawal of the fishing licence and the fishing authorisations . ### no exit from the fleet supported by public aid shall be permitted unless preceded by the withdrawal of the fishing licence and the fishing authorisations .


### the common fisheries policy shall implement the ecosystem - based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are limited . ### the common fisheries policy shall implement an approach to fisheries management that ensures that the impacts of fishing activities on the marine ecosystem are limited .


### – ‘ safeguard’ means a precautionary measure designed to protect or prevent something undesirable occurring ; ### – ‘ safeguard’ means a precautionary measure designed to protect or prevent the exploitation of marine biological resources from exceeding sustainable levels , including conservation reference points , or from negatively impacting the marine ecosystem ;


### conservation , management and exploitation of marine biological resources ; and ### the conservation of marine biological resources and the management of fisheries targeting such resources ; and


### it appears appropriate that the commission be empowered by delegated acts to create a new advisory council and to modify areas of competence ot existing ones , in particular considering the specificities of the black sea . ### in view of the special characteristics of the outermost regions , of aquaculture and inland fishing , of markets and of the black sea , it is appropriate to establish a new advisory council for each of them .


### with a view to promoting sustainability and contributing to food security , growth and employment , non - binding union strategic guidelines on common priorities and targets for the development of aquaculture activities shall be established by the commission by 2013 . such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the union , shall form the basis for multiannual national strategic plans and shall aim at : ### with a view to promoting sustainability and contributing to food security , growth and employment , non - binding union strategic guidelines on common priorities and targets for the development of sustainable aquaculture activities shall be established by the commission by 2013 . such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the union , shall form the basis for multiannual national strategic plans and shall aim at :


### there is a need to strengthen the competitiveness of the union fishery and aquaculture sector , and a call for simplification in support of better management of production and marketing activities of the sector ; the common market organisation for fishery and aquaculture products should ensure a level - playing field for all fishing and aquaculture products marketed in the union , should enable consumers to make better informed choices and support responsible consumption , and should improve the economic knowledge and understanding of the union markets along the supply chain . ### there is a need to strengthen the competitiveness of the union fishery and aquaculture sector , and a call for simplification in support of better management of production and marketing activities of the sector ; the common market organisation for fishery and aquaculture products should ensure a level - playing field for all fishing and aquaculture products marketed , whether these products originate in the union or in third countries , should enable consumers to make better informed choices and support responsible consumption , and should improve the economic knowledge and understanding of the union markets along the supply chain . the chapter on the common organisation of the markets should include provisions making imports of fisheries and aquaculture products subject to compliance with internationally recognised social and environmental standards .


### advisory councils are established for each of the areas of competence set out in annex iii , to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives set out in articles 2 and 3 . ### advisory councils are established for each of the areas or spheres of competence set out in annex iii , to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives set out in articles 2 and 3 .


### types of conservation measures measures for the conservation of marine biological resources may include the following : adopting multiannual plans under articles 9 - 11 ; establishing targets for the sustainable exploitation of stocks ; adopting measures for the purpose of adapting the number of fishing vessels and / or types of fishing vessels to available fishing opportunities ; establishing incentives , including those of an economic nature , to promote more selective or low impact fishing ; fixing fishing opportunities ; adopting technical measures as referred to in article 14 ; adopting measures concerning the obligation to land all catches ; conducting pilot projects on alternative types of fishing management techniques . ### types of conservation measures measures for the conservation and sustainable exploitation of marine biological resources may include the following : adopting multiannual plans under articles 9 - 11 ; establishing targets for the sustainable exploitation and conservation of stocks and the protection of the marine environment from the impact of fishing activities adopting measures for the purpose of adapting the number of fishing vessels and / or types of fishing vessels to available fishing opportunities establishing incentives to promote more selective fishing and fishing methods having a low impact on the marine ecosystem and fishery resources , including preferential access to national fishing opportunities reserved in accordance with art . 29 and incentives of an economic nature , adopting measures on the fixing and allocation of fishing opportunities , as defined in article 1 , adopting technical measures as referred to in articles 8 and 14 , adopting measures in pursuit of the objectives laid down in article 15 of this regulation , conducting pilot projects on alternative types of fishing management techniques and gears that increase selectivity or minimise the impact of fishing activities on the marine environment , adopting measures which help member states to meet requirements under environmental legislation ; establishing fish stocks recovery areas ; adopting other measures that help to achieve the objectives of articles 2 and 3 .


### at the world summit on sustainable development at johannesburg in 2002 , the union and its member states committed to act against the continued decline of many fish stocks . therefore , the union should improve its common fisheries policy to ensure that as a matter of priority exploitation levels of marine biological resources stocks are restored and maintained at levels capable of producing maximum sustainable yields from the populations of harvested stocks by 2015 . where less scientific information is available , this may require applying proxies to maximum sustainable yield . ### at the world summit on sustainable development at johannesburg in 2002 , the union and its member states committed to act against the continued decline of many fish stocks . therefore , the union should improve its common fisheries policy to ensure that as a matter of priority exploitation levels of marine biological resources stocks that , by 2015 , fishing mortality rates are set at levels that should allow fish stocks to recover , by 2020 at the latest , above levels that are capable of producing the maximum sustainable yield and all recovered stocks to be maintained at these levels . where less scientific information is available , this may require applying proxies to maximum sustainable yield .


### – ' precautionary approach to fisheries management ' means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non - target species and their environment ; ### – ' precautionary approach to fisheries management ' , as referred to in article 6 of the un fish stocks agreement , means an approach according to which , the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non target species and their environment ;


### ‘ precautionary approach to fisheries management’ means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non - target species and their environment ; ### ‘ precautionary approach to fisheries management’ means the management of fisheries through the setting of conservation limits determined using scientific criteria that factor in current uncertainties and make it possible to establish the measures to be adopted in the event of those limits being exceeded ;


### serious infringements by operators of the rules of the common fisheries policy shall result in temporary or permanent bans on access to the union financial assistance and / or the application of financial reductions . such measures shall be proportionate to the nature , extent , duration and repetition of serious infringements . ### serious infringements by operators of the rules of the common fisheries policy shall result in temporary or permanent bans on access to the union financial assistance and / or the application of financial reductions . such measures , implemented by the member state , shall be proportionate to the nature , extent , duration and repetition of serious infringement .


### objectives the union shall participate in the activities of international organisations dealing with fisheries , including regional fisheries management organisations in line with international obligations and policy objectives and consistent with the objectives set out in articles 2 and 3 . 2 . the positions of the union in international organisations dealing with fisheries and rfmos shall be based on the best available scientific advice to ensure that fishery resources are maintained above or restored above levels capable of producing maximum sustainable yield . 3 . the union shall actively contribute to and support the development of scientific knowledge and advice in rfmos and international organisations . ### objectives with a view to ensuring the sustainable exploitation and management of maritime biological resources , the union shall promote the effective implementation of international fisheries instruments and regulations , and support the activities of and participate in international organisations dealing with fisheries , including regional fisheries management organisations in line with international commitments , obligations and policy objectives being consistent with the objectives set out in articles 2 , 3 and 4 of this regulation and other eu policies . 2 . in particular the union shall : actively support , promote and contribute to the development of the best available scientific knowledge and comply with union law ; it shall promote measures to ensure that fishery resources are maintained consistent with the objectives of article 2 , in particular with its paragraphs and 4 . it shall further promote the establishment and strengthening of rfmo compliance committees , periodical independent performance reviews and appropriate remedial actions , including dissuasive and effective sanctions , which need to be applicable in a transparent and non - discriminatory fashion . improve policy coherence of union initiatives , with particular regard to environmental , development and trade activities . promote and support , in all international spheres , the necessary action to eradicate illegal , unreported and unregulated fishing . to this end , it shall ensure that no iuu fisheries products enter the eu market ; contributing therefore to sustainable fishing activities that are economically viable and promote employment within the union shall encourage and take an active part in joint international efforts to combat piracy at sea , with a view to ensuring the safety of human life and preventing the disruption of maritime fishing activities . promote effective implementation of international fisheries instruments and regulations ensure that fishing activities outside union waters are based on the same principles and standards upheld in union waters while promoting the application by the rfmos of the same principles and standards as are applied in union waters .


### member states shall collect biological , technical , environmental and socio - economic data necessary for ecosystem based fisheries management , manage them and make them available to end users of scientific data , including bodies designated by the commission . those data shall in particular enable the assessment of : ### the conservation , management and sustainable exploitation of marine biological resources must be based on the best information available . to this end , member states shall collect biological , environmental , technical and socio - economic data necessary for ecosystem based fisheries , manage them and make them available all to end users of scientific data , including bodies designated by the commission . those data shall in particular enable the assessment of :


### ensure safe storage of collected data and where applicable appropriate protection and confidentiality of collected data ; ### ensure safe storage of collected data and , where appropriate , its protection , including that of its confidentiality while paying due consideration to any overriding public interest in disclosure ;


### conditions for financial assistance towards member states union financial assistance towards member states shall be conditional upon compliance with the rules of the common fisheries policy by member states . 2 . non compliance by member states with the rules of the common fisheries policy may result in the interruption or suspension of payments or in the application of a financial correction to union financial assistance under the common fisheries policy . such measures shall be proportionate to the nature , extent , duration and repetition of the non compliance . ### conditions for financial assistance towards member states union financial assistance towards member states shall be transparent and conditional upon compliance with the rules of the common fisheries policy and with the environmental directives mentioned in art . 12 , as well as with the application of precautionary principle by member states . 2 . non compliance by member states with the rules of the common fisheries policy and the legal acts and other measure referred to in paragraph 1 and with the application of the precautionary principle shall immediately result in the interruption or suspension of payments or in the application of a financial correction to union financial assistance under the common fisheries policy . such measures shall be proportionate to the nature , extent , duration and repetition of the non compliance . a methodology shall be established including objectives , indicators and homogenous and transparent measurements for all member states .


### in special areas of conservation within the meaning of article 6 of directive 92 / 43 / eec , of article 4 of directive 2009 / 147 / ec and of article 13 of directive 2008 / 56 / ec , fishing activities shall be conducted by member states in such a way so as to alleviate the impact from fishing activities in such special areas of conservation . ### the cfp and all subsequent measures adopted by member states shall be in full compliance with directive 92 / 43 / eec , directive 2009 / 147 / ec and directive 2008 / 56 / ec . in the areas metioned in article 6 of directive 92 / 43 / eec , article 4 of directive 2009 / 147 / ec and article 13 of directive 2008 / 56 / ec , member states shall ensure that fishing is conducted in such a way as to avoid any significant effect on such areas , subject to the provisions regarding appropriate assessment in article 6 of directive 92 / 43 / ec .


### the commission shall be empowered to adopt delegated acts in accordance with article 55 concerning amendments to that annex to change the areas of competence , to create new areas of competence for advisory councils or to create new advisory councils . ### changes to the areas of competence , the creation of new areas of competence for advisory councils or the establishment of new advisory councils must be adopted by parliament and the council via the codecision procedure .


### commission measures in case of a serious threat to marine biological on the basis of evidence of a serious threat to the conservation of marine biological resources , or to the marine eco - system and requiring immediate action , the commission , upon a reasoned request of a member state or on its own initiative , may decide on temporary measures to alleviate the threat . 2 . the member state shall communicate the reasoned request referred to in paragraph 1 simultaneously to the commission , to the other member states and to the advisory councils concerned . ### commission measures in case of a serious threat to marine biological where there is evidence , based on reliable scientific data , of a serious threat to the conservation of marine biological resources , or to the marine eco - system requiring immediate action , the commission shall be empowered to adopt delegated acts , in accordance with article 55 , to alleviate the threat . those delegated acts shall be adopted only where imperative grounds of urgency so require and the procedure provided for in article 55a shall apply .


### the union shall participate in the activities of international organisations dealing with fisheries , including regional fisheries management organisations in line with international obligations and policy objectives and consistent with the objectives set out in articles 2 and 3 . ### the union shall promote the effective implementation of international fisheries instruments and regulations , and support the activities of international organisations dealing with fisheries , including regional fisheries management organisations in line with international commitments , obligations and policy objectives and consistent with the objectives set out in articles 2 and 3 and the good governance principles set out in article 4 .


### for union fishing vessels not operating under a system of transferable fishing concessions , specific measures may be taken to align the number of union fishing vessels with available resources . such measures should set compulsory maximum fleet capacity ceilings and establish national entry / exit schemes in relation to decommissioning funding granted under the european fisheries fund . ### in some cases , member states still need to take specific measures to align their fishing capacity with the available resources . therefore , capacity should be assessed for each stock and basin in the eu . this assessment shall be based on common guidelines . each member state should be able to choose the measures and instruments which it wishes to adopt in order to reduce excessive fishing capacity .


### for union fishing vessels not operating under a system of transferable fishing concessions , specific measures may be taken to align the number of union fishing vessels with available resources . such measures should set compulsory maximum fleet capacity ceilings and establish national entry / exit schemes in relation to decommissioning funding granted under the european fisheries fund . ### in some cases , member states still need to take specific measures to align their fishing capacity with available resources . such measures should set compulsory maximum fleet capacity ceilings , and should ensure , through capacity assessments and fleet level adjustments , that alignment is achieved at the level of specific fisheries .


### the basis for fixing fishing opportunities for the fish stocks concerned on the basis of predefined conservation reference points ; and ### the basis for fixing fishing opportunities for the fish stocks concerned on the basis of predefined limit reference points ; and


### objectives of multiannual plans multiannual plans shall provide for adaptations of the fishing mortality rate , resulting in a fishing mortality rate that restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015 . 2 . in cases where the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yield is not possible , multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks . ### objectives of multiannual plans multiannual plans shall provide for the adaptation of fishing mortality rates , such that by 2015 , fishing mortality rates are set at levels that should allow fish stocks to recover , by 2020 at the latest , above levels that are capable of producing the maximum sustainable yield and all recovered stocks to be maintained at these levels . 2 . in cases where the determination of a fishing mortality as established in paragraph 1 is not possible , multiannual plans shall apply the precautionary approach to fisheries management and set out proxy standards and measures that ensure at least a comparable degree of conservation of relevant stocks . 2a . without prejudice to the provisions of paragraph 1 and 2 , measures to be included in multiannual plans and the calendar of their implementation shall be proportionate to the objectives , the targets and the expected timeframe , and take into account their economic and social impact . they shall be implemented in a gradual manner , except in urgent cases .


### multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner . ### multiannual plans shall be based on precautionary fisheries management . so that where scientific data is uncertain fisheries management will act more cautiously and absence of adequate scientific data shall not be used as justification for a lack of action .


### multiannual plans multiannual plans providing for conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield shall be established as a priority . 2 . multiannual plans shall provide for : the basis for fixing fishing opportunities for the fish stocks concerned on the basis of predefined conservation reference points ; and measures capable of effectively preventing conservation reference points from being transgressed . 3 . multiannual plans shall , where possible , cover either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks , taking due account of interactions between stocks and fisheries . 4 . multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner . ### multiannual plans the european parliament and the council , acting under the ordinary legislative procedure , shall , as a priority and at the latest by . . . * establish multiannual plans that follow scientific advice from stecf and ices and that include conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield in accordance with article 2 , paragraph 2 . multiannual plans shall also enable other objectives in accordance with articles 2 and 3 of this regulation to be achieved . ___________________ *oj please insert the date , four years after the date of entry into force of this regulation 2 . multiannual plans shall provide for : the basis for fixing opportunities for fish stocks concerned on the basis of predefined conservation reference points and / or limit reference points consistent with the objectives set out in article 2 and respecting scientific advice , measures capable of effectively preventing limit reference points from being transgressed and aiming at reaching conservation reference points , 3 . multiannual plans shall cover , where possible , either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks , taking into account the interactions between stocks , fisheries and the marine ecosystems . 4 . multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods , including data poor stock assessments and all quantified sources of uncertainty in a scientifically valid manner .


### improve the transparency of the markets , in particular as regards economic knowledge and understanding of the union markets for fishery and aquaculture products along the supply chain and consumer awareness ; ### improve the transparency of the markets , in particular as regards economic knowledge and understanding of the union markets for fishery and aquaculture products along the supply chain , environmental information and consumer awareness through clear , detailed , consistent labelling that allows consumers to assess the sustainability of such products ;


### the common fisheries policy shall implement the ecosystem - based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are limited . ### the common fisheries policy shall implement the ecosystem - based approach to fisheries and aquaculture management to ensure that the impacts of these activities on the marine ecosystem are limited .


### types of conservation measures measures for the conservation of marine biological resources may include the following : adopting multiannual plans under articles 9 - 11 ; establishing targets for the sustainable exploitation of stocks ; adopting measures for the purpose of adapting the number of fishing vessels and / or types of fishing vessels to available fishing opportunities ; establishing incentives , including those of an economic nature , to promote more selective or low impact fishing ; fixing fishing opportunities ; adopting technical measures as referred to in article 14 ; adopting measures concerning the obligation to land all catches ; conducting pilot projects on alternative types of fishing management techniques . ### types of conservation measures measures for the conservation and sustainable exploitation of marine biological resources may include the following : adopting multiannual plans under articles 9 - 11 ; establishing targets for the sustainable exploitation and conservation of stocks and the protection of the marine environment from the impact of fishing activities adopting measures for the purpose of adapting the number of fishing vessels and / or types of fishing vessels to available fishing opportunities establishing incentives to promote more selective fishing and fishing methods having a low impact on the marine ecosystem and fishery resources , including preferential access to national fishing opportunities reserved in accordance with art . 29 and incentives of an economic nature , adopting measures on the fixing and allocation of fishing opportunities , as defined in article 1 , adopting technical measures as referred to in articles 8 and 14 , adopting measures in pursuit of the objectives laid down in article 15 of this regulation , conducting pilot projects on alternative types of fishing management techniques and gears that increase selectivity or minimise the impact of fishing activities on the marine environment , adopting measures which help member states to meet requirements under environmental legislation ; establishing fish stocks recovery areas ; adopting other measures that help to achieve the objectives of articles 2 and 3 .


### broad involvement of stakeholders at all stages from conception to implementation of the measures ; ### broad involvement of stakeholders including social partners at all stages from conception to implementation of the measures ;


### conditions for financial assistance towards operators union financial assistance towards operators shall be conditional upon compliance with the rules of the common fisheries policy by operators . 2 . serious infringements by operators of the rules of the common fisheries policy shall result in temporary or permanent bans on access to the union financial assistance and / or the application of financial reductions . such measures shall be proportionate to the nature , extent , duration and repetition of serious infringements . 3 . member states shall ensure that union financial assistance is granted only if no sanctions for serious infringements have been imposed to the concerned operator within a period of 1 year prior to the date of application for union financial assistance . ### conditions for financial assistance towards operators union financial assistance toward operators shall be conditional upon operators ' compliance with the rules of the common fisheries policy and with national legal acts based on the environmental directives mentioned in art . 12 . financial assistance shall not be granted to an operation that jeopardise the sustainability and conservation of marine biological resources , biodiversity , habitats and ecosystems . 2 . serious infringements by operators of the rules of the common fisheries policy and of the legal acts stated in paragraph 1 shall result in temporary or permanent bans on access to the union financial assistance and / or the application of financial reductions . such measures , implemented by the member state , shall be dissuasive , effective and proportionate to the nature , extent , duration and repetition of serious infringement . 3 . member states shall ensure that union financial assistance is granted only if no serious infringements have been committed by the concerned operator , within a period of at least 3 years prior to the date of application for union financial assistance .


### take into account the interests of consumers ; ### protect the interests of consumers , by ensuring that labelling is clear , detailed and accurate and by securing the traceability of fisheries and aquaculture products throughout the food chain ;


### content of multiannual plans a multiannual plan shall include : the scope , in terms of stocks , fishery and the marine ecosystem to which the multiannual plan shall be applied ; objectives consistent with the objectives set out in articles 2 and 3 ; quantifiable targets expressed in terms of : fishing mortality rates , and / or ii ) spawning stock biomass , and iii ) stability of catches . clear time frames to reach the quantifiable targets ; technical measures including measures concerning the elimination of unwanted catches ; quantifiable indicators for periodic monitoring and assessment of the progress related to achieving the targets of the multiannual plan ; specific measures and objectives for the freshwater part of the life cycle of anadromous and catadromous species ; minimisation of impacts of fishing on the eco - system ; safeguards and criteria activating those safeguards ; any other measures suitable to achieve the objectives of multiannual plans . ### content of multiannual plans a multiannual plan shall include : the scope , in terms of geographical area , stocks , fisheries and the marine ecosystems to which the multiannual plan shall be applied ; objectives that are consistent with objectives set out in articles 2 and 3 and with the relevant provisions of articles 6a , 9 and 10 of this regulation an assessment of fleet capacity and , where fishing capacity is not in an effective balance with the available fishing opportunities , a capacity reduction plan including a timeline and the specific steps to be undertaken by each member state concerned that will result in the alignment of such fishing capacity with the available fishing opportunities within a binding timetable such assessment should include an evaluation of the socioeconomic dimension of the fleet under investigation , without prejudice to the obligations laid down in art . 34 ; an assessment of the unwanted impacts of fishing on the eco - system and the marine environment , in accordance with union law and international agreements , as well as an assessment of the socio - economic impact of the measures taken in the multiannual plan ; quantifiable targets expressed in terms of : fishing mortality rates , and / or ii ) spawning stock biomass , and iia ) maximum percentages of unwanted and unauthorised catches iib ) maximum annual changes in fishing opportunities iic ) fisheries related descriptors of good environmental status as set out in directive 2008 / 56 / ec and decision 2010 / 477 / eu clear time frames to reach all the quantifiable targets conservation and technical measures to be taken in view of achieving the targets set out in article 15 of this regulation and measures designed to avoid and as far as possible eliminate unwanted catches quantifiable indicators for periodic monitoring and assessment of the progress related to achieving the targets of the multiannual plan and of its socio - economic impact ; specific measures and objectives for the freshwater part of the life cycle anadromous and catadromous species , where appropriate ; measures for the reduction of impacts of fishing on the eco - system ; safeguards and criteria activating those safeguards ; ia ) measures to ensure compliance with provisions of the multiannual plan . j ) any other suitable and proportionate measures to achieve the objectives of multiannual plans . 1a . multiannual plans shall provide for their periodic review to assess progress made towards reaching their objectives , in particular to take account new elements , such as changes in the scientific advice and to allow for any necessary intermediate adjustments .


### composition , functioning and funding of advisory councils advisory councils shall be composed of organizations representing the fisheries operators and other interest groups affected by the common fisheries policy . 2 . each advisory council shall consist of a general assembly and an executive committee and shall adopt the measures necessary for its organization and to ensure transparency and the respect of all opinions expressed . 3 . advisory councils may apply for union financial assistance as bodies pursuing an aim of general european interest . 4 . the commission shall be empowered to adopt delegated acts in accordance with article 55 concerning the composition and the functioning of advisory councils . ### composition , functioning and funding of advisory councils advisory councils shall be composed of organisations representing the fisheries and , where appropriate , aquaculture operators ; other interest groups affected by the common fisheries policy , e . g . environmental organisations and consumer groups . with respect to a ) it shall be ensured that employers , self - employed fishermen and employees as well as different fishing métiers are duly represented . representatives of national and regional administrations having fisheries interests in the area concerned and researchers from the member states ' scientific and fisheries research institutes and from the international scientific institutions that advise the commission shall be allowed to participate as observers . 1a . representatives of the commission and the european parliament may take part as observers in advisory council meetings . representatives of the fisheries sector and other interest groups from third countries , including representatives from regional fisheries organisations , that have a fishing interest in the area or fisheries covered by an advisory council may be invited to participate in that advisory council as observers when issues which affect them are discussed . 2 . each advisory council shall consist of a general assembly and an executive committee and shall adopt the measures necessary for its organization and to ensure transparency and the respect of all opinions expressed . 3 . advisory councils may apply for union financial assistance as bodies pursuing an aim of general european interest . 4 . the commission shall be empowered to adopt delegated acts in accordance with article 55 concerning the composition and the functioning of advisory councils , without prejudice to paragraph 1 and 1a .


### member states shall coordinate their data collection activities with other member states in the same region , and make every effort to coordinate their actions with third countries having sovereignty or jurisdiction over waters in the same region . ### the commission shall avoid administrative duplication and ensure that member states coordinate their data collection activities with other member states in the same region , and make every effort to coordinate their actions with third countries having sovereignty or jurisdiction over waters in the same region .


### member states shall ensure the national coordination of the collection and management of scientific data for fisheries management . to this end , they shall designate a national correspondent and organize an annual national coordination meeting . the commission shall be informed of the national coordination activities and be invited to the coordination meetings . ### member states shall ensure the national coordination of the collection and management of scientific and socio - economic data for fisheries management . regionalisation criteria will be introduced into national planning for data collection and management , thereby encouraging the involvement of regional authorities . the involvement of both the fisheries sector and local research centres in the collection of scientific data will be encouraged . to this end , they shall designate a national correspondent and organise an annual national coordination meeting . the commission shall be informed of the national coordination activities and be invited to the coordination meetings .


### sustainable fisheries agreements with third countries shall establish a legal , economic and environmental governance framework for fishing activities carried out by union fishing vessels in third country waters . ### sustainable fisheries agreements with third countries shall establish a legal , economic and environmental governance framework for bilateral fishing activities carried out by union fishing vessels in third country waters and , where applicable , by third country vessels in european union waters , in view of the interests of the eu fleet and the supply requirements of the union market .


### fishing opportunities allocated to member states shall ensure each member state relative stability of fishing activities for each fish stock or fishery . the interests of each member state shall be taken into account when new fishing opportunities are allocated . ### the council , when fixing fishing opportunities and allocating them to member states shall act in accordance with article 2 and apply a long - term perspective . it shall further ensure each member state relative stability of fishing activities for each fish stock or fishery . the interests of each member state shall be taken into account when new fishing opportunities are allocated . a delegation of the european parliament shall be present when decisions on establishing fishing opportunities are taken by the council .


### fishing opportunities fishing opportunities allocated to member states shall ensure each member state relative stability of fishing activities for each fish stock or fishery . the interests of each member state shall be taken into account when new fishing opportunities are allocated . 2 . by - catch fishing opportunities may be reserved under the total fishing opportunities . 3 . fishing opportunities shall comply with quantifiable targets , time frames and margins established in accordance with article 9 and 11 , and . 4 . member states may , after notifying the commission , exchange all or part of the fishing opportunities allocated to them . ### fishing opportunities when fixing and allocating fishing opportunities , the council shall act in accordance with articles 2 , 9 , 10 and 11 of this regulation , shall apply a long - term perspective and shall follow the best available scientific advice . fishing opportunities shall be distributed among member states in such a way as to ensure , for each of them relative stability of fishing activities for each stock or fishery . the interests of each member state shall be taken into account when new fishing opportunities are allocated . the council shall establish the fishing opportunities available to third countries in union waters and allocate those opportunities to these third countries . the allocation of fishing opportunities to a member state or a third country shall be conditional upon its compliance with the rules of the common fisheries policy . 2 . by - catch fishing opportunities may be reserved under the total fishing opportunities . 3 . fishing opportunities shall comply with quantifiable catch targets , time frames and margins established in multiannual plans in accordance with article 9 and 11 , and . if no corresponding multiannual plan has been adopted for a commercially used fish stock , the council shall ensure that , by 2015 , tacs are set at levels that should allow fish stocks to recover , by 2020 at the latest , above levels that are capable of producing the maximum sustainable yield and all recovered stocks to be maintained at these levels . 3a . delegations from the european parliament and the advisory councils shall be present when decisions on establishing fishing opportunities are taken by the council . 3b . where , owing to a lack of data , it is not possible to determine exploitation rates for given stocks that are consistent with the maximum sustainable yield : the precautionary approach shall be applied to fisheries management ; proxy standards shall be adopted on the basis of the methodologies set out in points 3 . 1 and 3 . 2 of part b of the annex to decision 2010 / 477 / eu , and fishing mortality shall be further reduced in accordance with the precautionary principle or , in cases where there are indications that the stock status is satisfactory , of stable trends ; the commission and the member states shall evaluate the obstacles to research and knowledge and take steps to enable additional stock and ecosystem data to be supplied without delay . 4 . member states may , after notifying the commission , exchange all or part of the fishing opportunities allocated to them . 4a . the commission shall present to the european parliament and to the council an annual report assessing whether current fishing opportunities are proving effective in restoring and maintaining populations of harvested species at levels above those which can produce the target laid down in article 2 .


### promote the development of union aquaculture activities to contribute to food security and employment in coastal and rural areas ; ### promote the sustainable management and development of environmentally sustainable , ecosystem - based union aquaculture activities to contribute to food security and employment in coastal and rural areas ;


### – ‘ sustainable fisheries agreements’ mean international agreements concluded with another state for the purpose of obtaining access to resources or waters in exchange for financial compensation from the union . ### – ' sustainable fisheries agreements ' mean international agreements concluded with another state for the purpose of obtaining access to resources or waters that aim to restore or maintain fish stocks at levels above those capable of producing maximum sustainable yield in exchange for financial compensation from the union ;


### types of technical measures technical measures may include the following : mesh sizes and rules concerning the use of fishing gears ; restrictions on the construction of fishing gear , including modifications or additional devices to improve selectivity or to reduce impact on the benthic zone ; ii ) modifications or additional devices to reduce the incidental capture of endangered , threatened and protected species ; prohibitions of the use of certain fishing gears in certain areas or seasons ; prohibition or restriction of fishing activities in certain zones and / or periods ; requirements for fishing vessels to cease operating in an area for a defined minimum period in order to protect a temporary aggregation of a vulnerable marine resource ; specific measures to reduce the impact of fishing activities on marine eco - systems and non target species ; other technical measures aimed at protecting marine biodiversity . ### types of technical measures technical measures may include the following : definition of the characteristics of fishing gears and rules concerning their use specifications on the construction of fishing gear , including : modifications or additional devices to improve selectivity or to minimize the negative impact on the ecosystem ; ii ) modifications of additional devices to reduce the incidental capture of endangered , threatened and protected species , as well as other unwanted catches ; prohibitions of or restrictions on the use of certain fishing gears or other technical equipment ; prohibition of or restriction on fishing activities in certain zones or periods ; requirements for fishing vessels to cease operating in a defined area for a defined minimum period in order to protect essential fish habitats , temporary aggregations of a vulnerable marine resource , endangered species , spawning fish or juveniles ; specific measures to minimise the negative impact of fishing activities on the marine biodiversity and marine eco - systems , including measures to avoid , reduce and as far as possible eliminate unwanted catches ;


### general objectives the common fisheries policy shall ensure that fishing and aquaculture activities provide long - term sustainable environmental , economic and social conditions and contribute to the availability of food supplies . 2 . the common fisheries policy shall apply the precautionary approach to fisheries management , and shall aim to ensure , by 2015 , that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield . 3 . the common fisheries policy shall implement the ecosystem - based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are limited . 4 . the common fisheries policy shall integrate the union environmental legislation requirements . ### general objectives the common fisheries policy shall ensure that fishing and aquaculture activities are environmentally sustainable in the long - term and are managed in a way that is consistent with the objectives of achieving economic , social and employment benefits and contributing to the availability of food supplies and recreational fishing opportunities , as well as allowing for processing industries and land - based activities directly linked to fishing activities , while taking into account the interests of both consumers and producers . 2 . the common fisheries policy shall apply the precautionary approach to fisheries management , and shall ensure that , by 2015 , fishing mortality rates are set at levels that should allow fish stocks to recover , by 2020 at the latest , above levels that are capable of producing the maximum sustainable yield and all recovered stocks to be maintained at these levels . 3 . the common fisheries policy shall implement the ecosystem - based approach to fisheries management and aquaculture to ensure that fishing and aquaculture contribute to the objective of human activities having a minimised impact on the marine ecosystem and do not contribute to the degradation of the marine environment and are effectively tailored to individual fisheries and regions . 4 . the common fisheries policy shall be consistent with the union ' s environmental legislation as well as other union policies 4a . the common fisheries policy shall ensure that the fishing capacity of the fleets is aligned with exploitation levels that comply with paragraph 2 .


### specific objectives for the purpose of achieving the general objectives set out in article 2 , the common fisheries policy shall in particular : eliminate unwanted catches of commercial stocks and gradually ensure that all catches of such stocks are landed ; provide conditions for efficient fishing activities within an economically viable and competitive fishing industry ; promote the development of union aquaculture activities to contribute to food security and employment in coastal and rural areas ; contribute to a fair standard of living for those who depend on fishing activities ; take into account the interests of consumers ; ensure systematic and harmonised data collection and management . ### specific objectives for the purpose of achieving the general objectives set out in article 2 , the common fisheries policy shall in particular : prevent , minimize and as far as possible eliminate unwanted catches ; ensure that all catches of commercially used stocks and regulated stocks are landed , while taking the best scientific advice into account , and avoiding the creation of new markets or expanding existing ones ; provide conditions for efficient environmentally sustainable fishing activities in the union to restore an economically viable and competitive fishing industry , ensuring fair conditions on the european market ; promote the development of aquaculture activities , industries linked to these , ensuring that they are environmentally sustainable in order to contribute to food security and employment in coastal and rural areas ; promote an equitable distribution of marine resources in order to contribute to a fair standard of living and social standards for those who depend on fishing activities ; take into account the interests of consumers ; ensure systematic , harmonised , regular , reliable data collection and transparent data management and address the issues arising from data poor stock management ; promote the survival of small - scale coastal fishing activities .


### diversification and improvement of the quality of life in coastal and rural areas ; ### diversification , economic growth , sustainable job creation and improvement of the quality of life in coastal and rural areas ;


### member states may request the commission to exclude fishing vessels subject to a system of transferable fishing concessions established in accordance with article 27 from the fishing capacity ceilings established in accordance with paragraph 1 . in that case the fishing capacity ceilings shall be re - calculated to take into account the fishing vessels which are not subject to a system of transferable fishing concessions . ### member states may request the commission to exclude all fishing vessels , whether subject to a system of transferable fishing concessions established in accordance with article 27 or not , from the fishing capacity ceilings established in accordance with paragraph 1 . in that case the fishing capacity ceilings shall be re - calculated to take into account the fishing vessels which are not subject to a system of transferable fishing concessions .


### types of conservation measures measures for the conservation of marine biological resources may include the following : adopting multiannual plans under articles 9 - 11 ; establishing targets for the sustainable exploitation of stocks ; adopting measures for the purpose of adapting the number of fishing vessels and / or types of fishing vessels to available fishing opportunities ; establishing incentives , including those of an economic nature , to promote more selective or low impact fishing ; fixing fishing opportunities ; adopting technical measures as referred to in article 14 ; adopting measures concerning the obligation to land all catches ; conducting pilot projects on alternative types of fishing management techniques . ### types of conservation measures measures for the conservation and sustainable exploitation of marine biological resources may include the following : adopting multiannual plans under articles 9 - 11 ; establishing targets for the sustainable exploitation and conservation of stocks and the protection of the marine environment from the impact of fishing activities adopting measures for the purpose of adapting the number of fishing vessels and / or types of fishing vessels to available fishing opportunities establishing incentives to promote more selective fishing and fishing methods having a low impact on the marine ecosystem and fishery resources , including preferential access to national fishing opportunities reserved in accordance with art . 29 and incentives of an economic nature , adopting measures on the fixing and allocation of fishing opportunities , as defined in article 1 , adopting technical measures as referred to in articles 8 and 14 , adopting measures in pursuit of the objectives laid down in article 15 of this regulation , conducting pilot projects on alternative types of fishing management techniques and gears that increase selectivity or minimise the impact of fishing activities on the marine environment , adopting measures which help member states to meet requirements under environmental legislation ; establishing fish stocks recovery areas ; adopting other measures that help to achieve the objectives of articles 2 and 3 .


### adjustment of fishing capacity member states shall put in place measures to adjust the fishing capacity of their fleets in order to achieve an effective balance between such fishing capacity and their fishing opportunities . 2 . no exit from the fleet supported by public aid granted under the framework of the european fisheries fund for the 2007 - 2013 programming period shall be permitted unless preceded by the withdrawal of the fishing licence and the fishing authorisations . 3 . the fishing capacity corresponding to the fishing vessels withdrawn with public aid shall not be replaced . 4 . member states shall ensure that from 1 january 2013 the fishing capacity of their fleet does not exceed at any time the fishing capacity ceilings established in accordance with article 35 . ### adjustment of fishing capacity member states shall if and where necessary put in place measures to adjust the fishing capacity of their fleets with the objective of achieving a stable and enduring balance between their fishing capacity and their fishing opportunities in accordance with the general objectives set out in article 2 . 1a . in order to achieve the objective specified in paragraph 1 , member states shall conduct annual capacity assessments and transmit the results to the commission by 30 may of each year . capacity assessments shall include an analysis of the total fleet capacity per fishery and fleet segment at the time of assessment , and its impact on stocks and the wider marine ecosystem . they shall also include an analysis of the long - term profitability of the fleet . to ensure a common approach to such assessments across all member states , assessments shall be made in accordance with the commission ' s guidelines for an improved analysis of the balance between fleet capacity and fishing opportunities and shall also take into consideration the profitability of the fleet . the assessments shall be made publicly available . 1b . if the assessment shows a discrepancy between their fishing capacity and their fishing opportunities , the member states shall within a year adopt a detailed programme , including a binding timetable , for any necessary adjustment of the fishing capacity of their fleets in terms of vessel numbers and characteristics with the objective of achieving a stable and enduring balance between their fishing capacity and their fishing opportunities . it shall transmit this programme to the commission , the european parliament and the other member states . 1c . if no such assessment is provided , or if a member state is required to provide for a programme to reduce capacity and fails to do so , or if the member state fails to implement the programme , this will result in the interruption of union financial assistance to that member states under the common fisheries policy . as a last resort and only if any of these steps are delayed by 2 or more years , the commission may suspend the fishing opportunities of the fleet segments concerned . 2 . no exit from the fleet supported by public aid granted under the framework of the european fisheries fund for the 2007 - 2013 programming period shall be permitted unless preceded by the withdrawal of the fishing licence and the fishing authorisations . 3 . the fishing capacity corresponding to the fishing vessels withdrawn with public aid shall not be replaced . 4 . member states shall ensure that from 1 january 2013 the fishing capacity of their fleet does not exceed at any time the fishing capacity ceilings established in accordance with article 35 .


### submit recommendations and suggestions on matters relating to fisheries management and aquaculture to the commission or to the member state concerned ; ### submit recommendations and proposals on matters relating to fisheries management and aquaculture , as well as aspects of fisheries conservation and socio - economic issues to the commission or to the member state concerned .


### measures are needed to reduce and eliminate the current high levels of unwanted catches and discards . indeed , unwanted catches and discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries . an obligation to land all catches of managed stocks caught during fishing activities in union waters or by union fishing vessels should be established and gradually implemented . ### measures are needed to reduce the current high levels of unwanted catches and to eliminate discards . unfortunately , previous legislation has often obliged fishermen to discard valuable resources . discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries . an obligation to land all catches of managed stocks caught during fishing activities in union waters or by union fishing vessels should be established and gradually implemented .


### measures are needed to reduce and eliminate the current high levels of unwanted catches and discards . indeed , unwanted catches and discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries . an obligation to land all catches of managed stocks caught during fishing activities in union waters or by union fishing vessels should be established and gradually implemented . ### measures are needed to significantly reduce levels of unwanted catches and discards , taking account of the specificities of each fishery and on the basis of prior assessments to analyse the causes of discards and the socioeconomic and environmental impact of the proposed measures . indeed , unwanted catches and discards constitute a substantial waste and may affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries . plans to reduce discards of managed stocks caught during fishing activities in union waters or by union fishing vessels should be established and implemented , encouraging greater selectiveness in fishing gear .


### – ' mixed fisheries ' means fisheries where more than one species are present in the area being fished and are vulnerable to being caught in the fishing gear . ### – ' mixed fisheries ' means fisheries in which more than one species are present in a given area and may be caught in the same catch ;


### each member state fleet shall be subject to fishing capacity ceilings as set out in annex ii . ### each member state fleet shall be strictly subject to fishing capacity ceilings as set out in annex ii .


### advisory councils advisory councils are established for each of the areas of competence set out in annex iii , to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives set out in articles 2 and 3 . 2 . the commission shall be empowered to adopt delegated acts in accordance with article 55 concerning amendments to that annex to change the areas of competence , to create new areas of competence for advisory councils or to create new advisory councils . 3 . each advisory council shall establish its rules of procedure . ### advisory councils advisory councils are established for each of the areas or spheres of competence set out in annex iii , to promote a balanced representation of all stakeholders in accordance with article 54 and to contribute to the achievement of the objectives set out in articles 2 and 3 . 3 . each advisory council shall establish its rules of procedure .


### measures capable of effectively preventing conservation reference points from being transgressed . ### measures capable of effectively preventing limit reference points from being transgressed .


### broad involvement of stakeholders at all stages from conception to implementation of the measures ; ### broad and appropriate involvement of stakeholders at the various stages from conception to implementation , monitoring and evaluation of the measures ;


### the commission and , where relevant , the member state concerned , shall reply within a reasonable time period to any recommendation , suggestion or information received pursuant to paragraph 1 . ### the commission , parliament and , where relevant , the member state concerned , shall reply within two months to any recommendation , suggestion or information received pursuant to paragraph 1 .


### union financial assistance towards operators shall be conditional upon compliance with the rules of the common fisheries policy by operators . ### union financial assistance towards operators shall be conditional upon compliance with the rules of the common fisheries policy by operators and with regulation 2009 / 1224 / ec , council regulation no 1005 / 2008 , regulation 2008 / 199 / ec ( including as amended or replaced and with environmental protection requirements by operators , including in particular directive 92 / 43 / eec , directive 2009 / 147 / ec and contributing to the achievement of good environmental status in accordance with directive 2008 / 56 / ec . in any case financial assistance shall not be granted to an operation that jeopardise the sustainability and conservation of marine biological resources , biodiversity , habitats and ecosystems .


### multiannual plans multiannual plans providing for conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield shall be established as a priority . 2 . multiannual plans shall provide for : the basis for fixing fishing opportunities for the fish stocks concerned on the basis of predefined conservation reference points ; and measures capable of effectively preventing conservation reference points from being transgressed . 3 . multiannual plans shall , where possible , cover either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks , taking due account of interactions between stocks and fisheries . 4 . multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner . ### multiannual plans the european parliament and the council , acting under the ordinary legislative procedure , shall , as a priority and at the latest by . . . * establish multiannual plans that follow scientific advice from stecf and ices and that include conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield in accordance with article 2 , paragraph 2 . multiannual plans shall also enable other objectives in accordance with articles 2 and 3 of this regulation to be achieved . ___________________ *oj please insert the date , four years after the date of entry into force of this regulation 2 . multiannual plans shall provide for : the basis for fixing opportunities for fish stocks concerned on the basis of predefined conservation reference points and / or limit reference points consistent with the objectives set out in article 2 and respecting scientific advice , measures capable of effectively preventing limit reference points from being transgressed and aiming at reaching conservation reference points , 3 . multiannual plans shall cover , where possible , either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks , taking into account the interactions between stocks , fisheries and the marine ecosystems . 4 . multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods , including data poor stock assessments and all quantified sources of uncertainty in a scientifically valid manner .


### multiannual plans shall provide for adaptations of the fishing mortality rate , resulting in a fishing mortality rate that restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015 . ### multiannual plans shall guarantee the sustainable exploitation of stocks on the basis of the maximum sustainable yield . that objective shall be achieved by targeting a fishing mortality rate which makes it possible to restore all stocks to and / or maintain them at levels capable of producing maximum sustainable yield . the plans shall also set discard reduction targets set for each fishery as part of discard management plans .


### general objectives the common fisheries policy shall ensure that fishing and aquaculture activities provide long - term sustainable environmental , economic and social conditions and contribute to the availability of food supplies . 2 . the common fisheries policy shall apply the precautionary approach to fisheries management , and shall aim to ensure , by 2015 , that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield . 3 . the common fisheries policy shall implement the ecosystem - based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are limited . 4 . the common fisheries policy shall integrate the union environmental legislation requirements . ### general objectives the common fisheries policy shall ensure that fishing and aquaculture activities are environmentally sustainable in the long - term and are managed in a way that is consistent with the objectives of achieving economic , social and employment benefits and contributing to the availability of food supplies and recreational fishing opportunities , as well as allowing for processing industries and land - based activities directly linked to fishing activities , while taking into account the interests of both consumers and producers . 2 . the common fisheries policy shall apply the precautionary approach to fisheries management , and shall ensure that , by 2015 , fishing mortality rates are set at levels that should allow fish stocks to recover , by 2020 at the latest , above levels that are capable of producing the maximum sustainable yield and all recovered stocks to be maintained at these levels . 3 . the common fisheries policy shall implement the ecosystem - based approach to fisheries management and aquaculture to ensure that fishing and aquaculture contribute to the objective of human activities having a minimised impact on the marine ecosystem and do not contribute to the degradation of the marine environment and are effectively tailored to individual fisheries and regions . 4 . the common fisheries policy shall be consistent with the union ' s environmental legislation as well as other union policies 4a . the common fisheries policy shall ensure that the fishing capacity of the fleets is aligned with exploitation levels that comply with paragraph 2 .


### establish the governance framework , including the development and maintenance of the necessary scientific and research institutions , monitoring , control and surveillance capability and other capacity building items pertaining to the development of a sustainable fisheries policy driven by the third country . such financial assistance shall be conditioned upon the achievement of specific results . ### establish the governance framework , including the development and maintenance of the necessary scientific and research institutions , monitoring , control and surveillance capability and other capacity building items pertaining to the development of a sustainable fisheries policy driven by the third country . such financial assistance shall be conditioned upon the achievement of specific socio - economic and environmental results .


### specific objectives for the purpose of achieving the general objectives set out in article 2 , the common fisheries policy shall in particular : eliminate unwanted catches of commercial stocks and gradually ensure that all catches of such stocks are landed ; provide conditions for efficient fishing activities within an economically viable and competitive fishing industry ; promote the development of union aquaculture activities to contribute to food security and employment in coastal and rural areas ; contribute to a fair standard of living for those who depend on fishing activities ; take into account the interests of consumers ; ensure systematic and harmonised data collection and management . ### specific objectives for the purpose of achieving the general objectives set out in article 2 , the common fisheries policy shall in particular : prevent , minimize and as far as possible eliminate unwanted catches ; ensure that all catches of commercially used stocks and regulated stocks are landed , while taking the best scientific advice into account , and avoiding the creation of new markets or expanding existing ones ; provide conditions for efficient environmentally sustainable fishing activities in the union to restore an economically viable and competitive fishing industry , ensuring fair conditions on the european market ; promote the development of aquaculture activities , industries linked to these , ensuring that they are environmentally sustainable in order to contribute to food security and employment in coastal and rural areas ; promote an equitable distribution of marine resources in order to contribute to a fair standard of living and social standards for those who depend on fishing activities ; take into account the interests of consumers ; ensure systematic , harmonised , regular , reliable data collection and transparent data management and address the issues arising from data poor stock management ; promote the survival of small - scale coastal fishing activities .


### there is a need to strengthen the competitiveness of the union fishery and aquaculture sector , and a call for simplification in support of better management of production and marketing activities of the sector ; the common market organisation for fishery and aquaculture products should ensure a level - playing field for all fishing and aquaculture products marketed in the union , should enable consumers to make better informed choices and support responsible consumption , and should improve the economic knowledge and understanding of the union markets along the supply chain . ### there is a need to strengthen the competitiveness of the union fishery and aquaculture sector , and a call for simplification in support of better management of production and marketing activities of the sector ; the common market organisation for fishery and aquaculture products should ensure a level - playing field for all fishing and aquaculture products marketed , whether these products originate in the union or in third countries , should enable consumers to make better informed choices and support responsible consumption , and should improve the economic knowledge and understanding of the union markets along the supply chain . the chapter on the common organisation of the markets should include provisions making imports of fisheries and aquaculture products subject to compliance with internationally recognised social and environmental standards .


### ‘ safeguard’ means a precautionary measure designed to protect or prevent something undesirable occurring ; ### ‘ safeguard’ means a precautionary measure designed to protect against something undesirable occurring ;


### with a view to promoting sustainability and contributing to food security , growth and employment , non - binding union strategic guidelines on common priorities and targets for the development of aquaculture activities shall be established by the commission by 2013 . such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the union , shall form the basis for multiannual national strategic plans and shall aim at : ### with a view to promoting sustainability and contributing to food security , growth and employment , non - binding union strategic guidelines on common priorities and targets for the sustainable management and development of aquaculture activities which are ecosystem based shall be established by the commission by 2013 . such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the union , shall form the basis for multiannual national strategic plans for member states that already have or plan to develop aquaculture or ranching activities by 2014 . these plans shall be consistent with articles 2 and 3 and shall aim at :


### – ' aquaculture ' means the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment , where the organisms remain the property of a natural or legal person throughout the rearing and culture stage , up to and including harvesting ; ### – ' aquaculture ' means the cultivation of aquatic organisms in inland or coastal areas , which involves , firstly , intervention in the rearing process to improve production and , secondly , individual or company ownership of the stock cultivated ;


### – ' maximum sustainable yield ' means the maximum catch that may be taken from a fish stock indefinitely ; ### – ' maximum sustainable yield ' means the highest theoretical equilibrium yield that can be continuously taken from a stock under existing environmental conditions without affecting significantly the reproduction process ;


### types of conservation measures measures for the conservation of marine biological resources may include the following : adopting multiannual plans under articles 9 - 11 ; establishing targets for the sustainable exploitation of stocks ; adopting measures for the purpose of adapting the number of fishing vessels and / or types of fishing vessels to available fishing opportunities ; establishing incentives , including those of an economic nature , to promote more selective or low impact fishing ; fixing fishing opportunities ; adopting technical measures as referred to in article 14 ; adopting measures concerning the obligation to land all catches ; conducting pilot projects on alternative types of fishing management techniques . ### types of conservation measures measures for the conservation and sustainable exploitation of marine biological resources may include the following : adopting multiannual plans under articles 9 - 11 ; establishing targets for the sustainable exploitation and conservation of stocks and the protection of the marine environment from the impact of fishing activities adopting measures for the purpose of adapting the number of fishing vessels and / or types of fishing vessels to available fishing opportunities establishing incentives to promote more selective fishing and fishing methods having a low impact on the marine ecosystem and fishery resources , including preferential access to national fishing opportunities reserved in accordance with art . 29 and incentives of an economic nature , adopting measures on the fixing and allocation of fishing opportunities , as defined in article 1 , adopting technical measures as referred to in articles 8 and 14 , adopting measures in pursuit of the objectives laid down in article 15 of this regulation , conducting pilot projects on alternative types of fishing management techniques and gears that increase selectivity or minimise the impact of fishing activities on the marine environment , adopting measures which help member states to meet requirements under environmental legislation ; establishing fish stocks recovery areas ; adopting other measures that help to achieve the objectives of articles 2 and 3 .


### member states may require holders of a fishing licence for fishing vessels of 12 meters length overall or more flying their flag to contribute proportionally to the costs of implementing the union fisheries control system . ### member states shall require holders of a fishing licence for fishing vessels of 12 meters length overall or more flying their flag to contribute proportionally to the costs of implementing the union fisheries control system and data collection .


### the common fisheries policy shall implement the ecosystem - based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are limited . ### the common fisheries policy shall implement the ecosystem - based approach to fisheries and aquaculture management to ensure that the adverse impact of those activities on the marine ecosystem is limited .