### – ‘ spawning stock biomass’ means an estimate of the mass of the fish of a particular resource that reproduces at a defined time , including both males and females and including fish that reproduce viviparously ; ### – ' spawning stock biomass ' means an estimate of the mass of the fish of a particular stock that is mature enough to reproduce , including both males and females and including fish that reproduce viviparously ;


### measures for the conservation of marine biological resources ### measures for the conservation and sustainable exploitation of marine biological resources


### 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 .


### 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 developments in the state of these stocks as compared with predefined conservation reference points ; and


### 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 . ### in line with the provisions of article 2 of this regulation , multiannual plans shall provide for adaptations of the fishing mortality rate which , while ensuring the socioeconomic sustainability of the sector , result in a fishing mortality rate that restores and maintains all stocks around levels capable of producing maximum sustainable yield or that keeps them within biologically safe limits by 2015 , where possible .


### 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 . ### in cases where the determination of a fishing mortality rate that restores and maintains stocks around levels capable of producing maximum sustainable yield and enabling the sector to become socioeconomically sustainable is not possible , multiannual plans shall provide for precautionary measures ensuring a comparable biologically safe degree of conservation of the relevant stocks .


### 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 . ### in cases where uncertainty impedes 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 . proxy standards shall be adopted in accordance with commission decision 2010 / 477 / eu on criteria and methodological standards on good environmental status of marine waters for the marine strategy framework directive and fishing mortality shall be further reduced on a precautionary basis . member states and the commission shall evaluate and address research and knowledge barriers to ensure that additional information will become available as soon as possible .


### 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 .


### a multiannual plan shall include : ### a multiannual plan shall include in particular :


### quantifiable targets expressed in terms of : ### objectives expressed in terms of fishing mortality rates ;


### 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 .


### 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 .


### member states shall ensure that conservation measures adopted pursuant to paragraph 1 : ### member states , in close cooperation with the regional advisory councils , shall ensure that technical and conservation measures adopted pursuant to paragraph 1 :


### meet the objectives and quantifiable targets set out in a multiannual plan effectively ; and ### meet the objectives and quantifiable targets set out in a multiannual plan effectively ;


### are no less stringent than those existing in union legislation . ### are no less stringent than those existing in union legislation ; and


### conservation measures adopted in accordance with multiannual plans 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 . 2 . member states shall ensure that conservation measures adopted pursuant to paragraph 1 : are compatible with the objectives set out in articles 2 and 3 ; are compatible with the scope and objectives of the multiannual plan ; meet the objectives and quantifiable targets set out in a multiannual plan effectively ; and are no less stringent than those existing in union legislation . ### conservation measures adopted in accordance with multiannual plans in a multiannual plan established pursuant to articles 9 , 10 and 11 member states sharing the fishery concerned shall be authorised , following the procedures outlined in the present article , 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 . 2 . member states shall ensure that conservation measures adopted pursuant to paragraph 1 : are compatible with the objectives set out in articles 2 and 3 and the principles of good governance set out in article 4 ; are compatible with the scope and objectives of the multiannual plan ; meet the objectives and quantifiable targets set out in a multiannual plan effectively and within the specified timeframe ; and are no less stringent than those existing in union legislation ; and 2a . member states shall cooperate with one another to ensure the adoption of compatible measures that will meet the objectives set out in multiannual plans and shall coordinate these measures with one another . to this end , member states shall , where practical and appropriate , use existing regional institutional cooperation structures and mechanisms , including those existing under the regional sea conventions covering the relevant area or fishery . efforts of coordination between member states sharing a fishery shall be eligible for funding under the emff , in accordance with provisions laid out in that regulation . 2b . member states shall consult the relevant advisory councils and ices and / or the scientific , technical and economic committee for fisheries on a draft of the measures accompanied by an explanatory memorandum . such drafts shall at the same time be notified to the commission and other member states sharing the fishery . member states shall make every effort to involve in this consultation , at an early stage and in an open and transparent manner , other relevant stakeholders of the fishery concerned , in order to identify the views and proposals of all the relevant parties during the preparation of the measures envisaged . member states shall make summaries of the draft conservation measures which are proposed to be enacted available to the public . 2c . member states shall duly take into account the opinions submitted by the relevant advisory councils , ices and / or stecf and , where the final measures adopted diverge from these opinions , shall provide detailed explanations of the reasons why they diverge . 2d . where member states wish to amend the adopted measures , paragraphs 2 to 2c shall also apply . 2e . the commission shall adopt guidelines setting out the details of the procedure to be followed for the application of paragraphs 2a to 2c , in order to ensure that the adopted measures are coherent and coordinated at regional level and in accordance to the established multiannual plans . these guidelines may also identify or establish administrative frameworks , such as regional fisheries working groups , in order to organise in practice the cooperation between the member states , notably in view of promoting and facilitating the adoption of the measures by each of the member states . 2f . member states sharing a fishery may cooperate to agree and implement joint measures in the context of long - term management plans adopted prior to 2014 , consistent with the procedure set out in article 25 . 2g . for fisheries conducted entirely within the waters under the sovereignty and jurisdiction of a single member state , the member state concerned shall create one or more co - management - committees including all relevant stakeholders which shall be consulted concerning the measures to be adopted . if the member state intends to deviate in any way from the advice it receives from that committee it shall publish an assessment outlining in detail its reasons for deviating from the advice .


### are compatible with the scope and objectives of the multiannual plan ; ### are compatible with the scope and goals of the multiannual plan ;


### meet the objectives and quantifiable targets set out in a multiannual plan effectively ; and ### meet the goals and quantifiable targets set out in a multiannual plan effectively ; and


### technical measures in a technical measures framework established pursuant to article 14 member states may be authorised to adopt measures , in accordance with that framework , which specify the technical measures applicable to vessels flying their flag in relation to stocks in their waters for which they have been allocated fishing opportunities . member states shall ensure that such technical measures : are compatible with the objectives set out in articles 2 and 3 ; are compatible with the objectives set out in measures adopted in accordance with article 14 ; meet the objectives set out in measures adopted in accordance with article 14 effectively ; and are no less stringent than those existing in union legislation . ### technical measures in a technical measures framework established pursuant to article 14 member states shall be empowered to adopt measures , in accordance with that framework , which specify the technical measures applicable to vessels flying their flag in relation to stocks in union waters for which they have been allocated fishing opportunities . member states shall ensure that such technical measures : are compatible with the objectives set out in articles 2 and 3 ; are compatible with the objectives set out in measures adopted in accordance with article 14 ; meet the objectives set out in measures adopted in accordance with article 14 effectively ; and do not conflict with and are no less stringent than those existing in union legislation . 1a . member states shall cooperate with one another to ensure the adoption of compatible measures that will meet the objectives set out in technical measures frameworks and coordinate these measures with one another . to this end , member states shall , where practical and appropriate , use existing regional institutional cooperation structures and mechanisms , including those under the regional sea conventions covering the relevant area or fishery . 1b . member states shall consult the relevant advisory councils and ices and / or stecf on a draft of the measures accompanied by an explanatory memorandum . such drafts shall , at the same time , be notified to the commission and other members states sharing the fishery . member states shall make every effort to involve in this consultation , at an early stage and in an open and transparent manner , other relevant stakeholders of the fishery concerned , in order to identify the views and proposals of all the relevant parties during the preparation of the measures envisaged . 1c . member states shall duly take into account the opinions submitted by the relevant advisory councils and ices and / or stecf and , where the final measures adopted diverge from these opinions , shall provide detailed explanations of the reasons why they diverge . 1d . where member states wish to amend the adopted measures , paragraphs 1a to 1c shall also apply . 1e . the commission shall adopt guidelines setting out the details of the procedure to be followed for the application of paragraphs 1a to 1c , in order to ensure that the adopted measures are coherent , coordinated at regional level and in conformity with the established technical measures framework . these guidelines may also identify or establish administrative frameworks , such as regional fisheries working groups in order to organise in practice the cooperation between the member states , notably in view of promoting and facilitating the adoption of the measures by each of the member states .


### 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 ; ### requirements for fishing vessels to cease operating temporarily in a defined area for a defined period in order to protect a temporary aggregation of a vulnerable marine resource or a significant portion of a fishery population ;


### 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 ;


### member states adopting conservation measures pursuant to article 17 shall notify the commission , other interested member states and relevant advisory councils of such measures . ### after receiving an opinion from the regional advisory councils , the member states adopting conservation measures pursuant to article 17 shall notify the commission , the european parliament and other interested member states .


### member states adopting technical measures pursuant to article 21 shall notify the commission , other interested member states and relevant advisory councils of such measures . ### member states adopting technical measures pursuant to article 21 shall notify the commission , other interested member states and relevant advisory councils of such measures , even where they will apply only to vessels flying the flag of the adopting member state .


### member states adopting technical measures pursuant to article 21 shall notify the commission , other interested member states and relevant advisory councils of such measures . ### member states adopting technical measures pursuant to article 21 shall publish such measures and notify the commission , other interested member states and relevant advisory councils of such measures .


### the commission may at any time assess the compatibility and effectiveness of conservation measures adopted by member states pursuant to article 17 . ### the commission may at any time assess the compatibility and effectiveness of conservation measures adopted by member states pursuant to article 17 , drawing on the expertise of the stecf .


### the commission may at any time assess the compatibility and effectiveness of conservation measures adopted by member states pursuant to article 17 . ### the commission shall periodically , starting in 2015 , and thereafter at least once every three years , assess the implementation , compatibility and effectiveness of conservation measures adopted by member states pursuant to article 17 and the results shall be publicly available .


### the commission may at any time assess the compatibility and effectiveness of conservation measures adopted by member states pursuant to article 17 . ### the commission may at any time assess the compliance , consistency , compatibility and effectiveness of conservation measures adopted by member states in accordance with article 17 .


### the commission may at any time assess the compatibility and effectiveness of technical measures adopted by member states pursuant to article 21 . ### the commission shall assess the implementation , compatibility and effectiveness of technical measures adopted by member states pursuant to article 21 in 2015 and thereafter at least once every three years and the results of these assessments shall be publicly available .


### the commission may at any time assess the compatibility and effectiveness of technical measures adopted by member states pursuant to article 21 . ### the commission may at any time assess the compatibility and effectiveness of technical measures adopted by member states pursuant to article 21 . the findings of such assessments will be included in the general assessment report on technical measures adopted by the member states that the commission shall submit to the european parliament and the council every three years .


### assessment the commission may at any time assess the compatibility and effectiveness of conservation measures adopted by member states pursuant to article 17 . ### assessment the commission may at any time assess the compatibility and effectiveness of conservation measures adopted by member states pursuant to article 17 and shall , in any event , assess , and report on , those issues not less than once every 3 years or as may be required by the relevant multiannual plan . the assessement shall be based on the best available scientific advice . in accordance with directive 2007 / 2 / ec , member states shall provide the commission , for the performance of its task in relation to the implementation of the common fisheries policy , with access and user rights in respect of the material prepared and the data used in connection with the formulation and enactment of national conservation measures pursuant to article 19 . with regard to access to environmental information , directive 2003 / 4 / ec and regulations 1049 / 2001 / ec and 1367 / 2006 / ec shall apply .


### assessment the commission may at any time assess the compatibility and effectiveness of technical measures adopted by member states pursuant to article 21 . ### assessment the commission may at any time assess the compatibility and effectiveness of technical measures adopted by member states pursuant to article 21 and shall , in any event , assess and report on the same at least once every 3 years or as may be required by the relevant technical measures framework . 1a . in accordance with directive 2007 / 2 / ec , member states shall provide the commission , for the performance of its task in relation to the implementation of the common fisheries policy , with access and user rights in respect of of the material prepared and the data used in connection with the formulation and enactment of national conservation measures pursuant to article 19 . with regard to access to environmental information , directive 2003 / 4 / ec and regulations 1049 / 2001 / ec and 1367 / 2006 / ec shall apply .


### the commission may at any time assess the compatibility and effectiveness of conservation measures adopted by member states pursuant to article 17 . ### the commission may at any time assess the compatibility and effectiveness of conservation measures adopted by member states pursuant to article 17 and shall , in any event , assess , and report on , the those issues not less than once every 3 years or as may be required by the relevant multiannual plan .


### the commission may at any time assess the compatibility and effectiveness of technical measures adopted by member states pursuant to article 21 . ### the commission may at any time assess the compatibility and effectiveness of technical measures adopted by member states pursuant to article 21 and shall , in any event , assess and report on the same at least once every 3 years or as may be required by the relevant technical measures framework .


### compliance with obligations under union environmental legislation 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 . ### compliance with obligations under union environmental legislation in relation to protected areas the cfp and all subsequent measures adopted by member states on special areas of conservation shall be in full compliance with directive 92 / 43 / eec , directive 2009 / 147 / ec and directive 2008 / 56 / ec . in the areas mentioned in article 6 of directive 92 / 43 / eec , article 4 of directive 2009 / 147 / ec and article 13 of directive 2008 / 56 / ec . fishing activities shall be regulated by the member state that has designated the areas in a way that fully complies with the objectives of the aforementioned directives in consultation with the commission , advisory councils and other relevant stakeholders .


### 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 and unless it takes effect in fisheries for stocks of harvested species the levels of which are incapable of producing their maximum sustainable yield .


### member states shall record the information on characteristics and activity for union fishing vessels flying their flag that is necessary for the management of measures established under this regulation . ### member states shall record the information on ownership , characteristics , gear and activity for union fishing vessels flying their flag that is necessary for the management of measures established under this regulation . __________________ 1 oj please insert the date one year after the entry into force of this regulation .


### the information contained in the union fishing fleet register shall be made available to all member states . the commission shall be empowered to adopt delegated acts in accordance with article 55 concerning the definition of the information referred to in paragraph 1 . ### the information contained in the union fishing fleet register shall be made available to all member states . the council and parliament may empower the commission to adopt delegated acts in accordance with article 55 concerning the definition of the information referred to in paragraph 1 .


### fishing fleet registers member states shall record the information on characteristics and activity for union fishing vessels flying their flag that is necessary for the management of measures established under this regulation . 2 . member states shall make available to the commission the information referred to in paragraph 1 . 3 . the commission shall set up a union fishing fleet register containing the information that it receives pursuant paragraph 2 . 4 . the information contained in the union fishing fleet register shall be made available to all member states . the commission shall be empowered to adopt delegated acts in accordance with article 55 concerning the definition of the information referred to in paragraph 1 . 5 . the commission shall establish technical operational requirements for the modalities for transmission of the information referred to in paragraphs 2 , 3 and 4 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 56 . ### fishing fleet registers member states shall record the information on ownership ; vessel and gear characteristics and on the activity of union fishing vessels flying their flag that is necessary for the management of measures established under this regulation and publish these information , while protecting personal data . 2 . member states shall submit to the commission the information referred to in paragraph 1 . 3 . the commission shall set up a union fishing fleet register containing the information that it receives pursuant paragraph 2 . 4 . the information contained in the union fishing fleet register shall be made available to all member states and to the european parliament . the commission shall be empowered to adopt delegated acts in accordance with article 55 concerning the definition of the information referred to in paragraph 1 . 5 . the commission shall establish implementing acts establishing technical operational requirements for the modalities for transmission of the information referred to in paragraphs 2 , 3 and 4 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 56 .


### member states shall record the information on characteristics and activity for union fishing vessels flying their flag that is necessary for the management of measures established under this regulation . ### without prejudice to their data collection obligations under regulation no 199 / 2008 and other union law , member states shall record and publish the information on vessel and gear characteristics , ownership and the spatial and time - related activity of union fishing vessels flying their flag that is necessary for the management of measures established under this regulation .


### the commission shall set up a union fishing fleet register containing the information that it receives pursuant paragraph 2 . ### the commission shall set up a union fishing fleet register containing the information that it receives pursuant to paragraph 2 of this article and to article 30 .


### 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 :


### the state of exploited marine biological resources , ### the state of exploited marine biological resources in order to maintain or restore fish stock populations above levels which can produce the maximum sustainable yield by 2015 , above levels capable of producing maximum sustainable economic yield by 2020 and to achieve and maintain a good environmental status by 2020 ,


### the commission shall be empowered to adopt delegated acts in accordance with article 55 , to specify the targets for the precision of the data to be collected and to define the aggregation levels for the collection , management and use of such data , for the multi - annual programme referred to in paragraph 5 . ### the council and parliament may empower the commission to adopt delegated acts in accordance with article 55 , to specify the targets for the precision of the data to be collected and to define the aggregation levels for the collection , management and use of such data , for the multi - annual programme referred to in paragraph 5 .


### member states shall adopt national fisheries scientific data collection , research and innovation programs . they shall coordinate their fisheries data collection , research and innovation activities with other member states and union research and innovation frameworks . ### member states shall adopt national fisheries scientific data collection , research and innovation programmes . the commission shall ensure that they coordinate their fisheries data collection and basic and applied research and innovation activities with other member states and union research and innovation frameworks .


### research programs member states shall adopt national fisheries scientific data collection , research and innovation programs . they shall coordinate their fisheries data collection , research and innovation activities with other member states and union research and innovation frameworks . ### research programs member states shall adopt national fisheries and aquaculture scientific data collection , research and innovation programmes . they shall coordinate their fisheries data collection , research and innovation activities with other member states in close cooperation with the commission in the context of the union research and innovation frameworks , involving where appropriate the relevant advisory councils .


### 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 participate in the activities of international organisations dealing with fisheries , in coordination with the advisory committee on fisheries and aquaculture , 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 , and with other areas of eu policy , particularly development cooperation and economic , financial and technical cooperation with third countries , as enshrined in article 197 of the tfeu and in agreements signed with third countries .


### 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 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 eu ' s principles , objectives and existing legislations in the field of fisheries , environment and development , including the objectives set out in articles 2 and 3 .


### 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 .


### compliance with international provisions the union shall cooperate with third countries and international organisations dealing with fisheries , including rfmos , to strengthen compliance with measures adopted by such international organisations . ### compliance with international provisions the union shall cooperate with third countries and international organisations dealing with fisheries , including rfmos , to strengthen compliance with measures , especially those on combating iuu fishing , adopted by such international organisations , to ensure that measures adopted by such international organisations are strictly adhered to . member states shall ensure compliance of their operators with the measures refer to in the previous paragraph .


### union fishing vessels shall only catch surplus of the allowable catch determined by the third country as referred to in article 62 of the united nations convention on the law of the sea , and identified on the basis of the best available scientific advice and relevant information exchanged between the union and the third country concerned about the total fishing effort on the affected stocks , in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield . ### under such fisheries agreements , union fishing vessels shall either only catch surplus of the allowable catch determined by the third country as referred to in article 62 of the united nations convention on the law of the sea , and identified on the basis of the best available scientific advice and relevant information exchanged between the union and the third country concerned about the total fishing effort on the affected stocks by all fleets , or obtain access to third - country waters in order to fish highly migratory fish stocks in line with the measures for their management and conservation adopted by the relevant regional fisheries management organisation , in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield .


### 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 , in accordance with article 4 of this regulation , which shall include 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 .


### 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 :


### assessment of other possible cross - bordering effects on neighbouring member states . ### assessment of other possible effects of aquaculture activities on marine biological resources and marine ecosystems in that member state or on neighbouring member states ;


### the development of a culture of compliance among operators ; ### the development of a culture of compliance among all sectors of fishing vessels operators ;


### the establishment of effective , proportionate and dissuasive sanctions . ### member states shall ensure the establishment of effective , proportionate and dissuasive sanctions including the freezing of funds from the european maritime and fisheries fund ; taking into account the cost - benefit ratio and the principle of proportionality .


### union financial assistance may be granted to contribute to the achievement of the objectives set out in articles 2 and 3 . ### union financial assistance may be granted to contribute to the achievement of the objectives set out in articles 2 and 3 . union financial assistance shall not support operations that jeopardise the sustainability and the conservation of marine biological resources , biodiversity , habitats and ecosystems .


### objectives union financial assistance may be granted to contribute to the achievement of the objectives set out in articles 2 and 3 . ### objectives union financial assistance may be granted to contribute to the achievement of the long - term environmental , economic and social sustainability objectives set out in articles 2 and 3 . union financial assistance shall not support operations that jeopardise the sustainability and the conservation of marine biological resources , biodiversity , habitats and ecosystems .


### union financial assistance towards operators shall be conditional upon compliance with the rules of the common fisheries policy by operators . ### union financial assistance toward operators shall be conditional upon compliance with the objectives and rules of the common fisheries policy by operators .


### 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 . ### any serious infringements by operators of the rules of the common fisheries policy , regulation 2009 / 1224 / ec , regulation 2008 / 1005 / ec , regulation 2008 / 199 / ec , including as amended or replaced , or of any environmental protection requirements 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 .


### 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 .


### 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 , vessel owners or fishermen 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 .


### submit recommendations and suggestions on matters relating to fisheries management and aquaculture to the commission or to the member state concerned ; ### submit recommendations and suggestions on socio - economic matters relating to fisheries management and aquaculture to the commission , parliament or to the member state concerned .


### submit recommendations and suggestions on matters relating to fisheries management and aquaculture to the commission or to the member state concerned ; ### submit , in direct cooperation with scientists , recommendations and suggestions on matters relating to fisheries management and aquaculture to the commission or to the member state concerned ;


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


### inform the commission and member states of problems relating to fisheries management and aquaculture in their area of competence ; ### inform the commission , parliament and member states of problems relating to fisheries management and aquaculture in their area of competence , and , more generally , on the measures set out in titles ii and iii of this regulation ;


### 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 .


### tasks of advisory councils advisory councils may : submit recommendations and suggestions on matters relating to fisheries management and aquaculture to the commission or to the member state concerned ; inform the commission and member states of problems relating to fisheries management and aquaculture in their area of competence ; contribute , in close cooperation with scientists , to the collection , supply and analysis of data necessary for the development of conservation measures . 2 . 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 . ### tasks of advisory councils - 1 . prior to the adoption of any proposal for measures to be adopted on the basis of article 43 tfeu , such as multiannual plans or technical measures frameworks , and for measures to be adopted pursuant to article 55 , the commission shall seek the opinion of advisory councils that relate specifically to the fisheries in the geographical area concerned . this consultation shall be without prejudice to the consultation of ices or other appropriate scientific bodies . advisory councils may : submit recommendations and suggestions on matters relating to the management of fisheries and the socio - economic and conservation aspects of fisheries and aquaculture to the commission , and to the member state concerned ; inform the commission and member states of problems relating to the management and the socio - economic and conservation aspects of fisheries and , where appropriate , of aquaculture in their area or sphere of competence and propose solutions to overcome these problems ; contribute , in close cooperation with scientists , to the collection , supply and analysis of data necessary for the development of conservation measures . issue opinions on the draft conservation measures as described in article 17 and the draft technical measures as described in article 21 and submit them to the commission and the member states directly concerned by the fishery or area in question ; 2 . the commission and , where relevant , the member state concerned , shall take due account of the advisory councils ' opinions , recommendations , suggestions or information received pursuant to paragraph - 1 and 1 and shall reply to these submissions within not more than 30 working days , and in any event before the final measures have been adopted . where the final measures adopted diverge from the advisory councils ' opinions , recommendations and suggestions received pursuant to paragraph - 1 and 1 , the commission or the member state concerned shall provide detailed explanation of the reasons why they diverge .


### inform the commission and member states of problems relating to fisheries management and aquaculture in their area of competence ; ### inform the commission and member states of problems relating to fisheries management and aquaculture in their area of competence , and propose solutions to overcome these problems ;


### 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 and , where relevant , the member state concerned , shall duly take into account the opinions and recommendations received pursuant to paragraph 1 and , where the final measures adopted diverge from these opinions and recommendations , shall provide detailed explanations of the reasons why they diverge . the commission and , where relevant , the member state concerned , shall reply within a reasonable time period to any opinion , recommendation , suggestion or information received pursuant to paragraphs - 1 and 1 . advisory councils shall consult stecf for scientific advice before adopting opinions , recommendations or suggestions according to paragraphs - 1 and 1 .


### advisory councils shall be composed of organizations representing the fisheries operators and other interest groups affected by the common fisheries policy . ### advisory councils shall broaden their participation base and be composed of organizations representing the fisheries operators and other interest groups affected by the common fisheries policy , including scientists , ngos , control agencies and local authorities .


### 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 . ### each advisory council shall consist of a general assembly and an executive committee and shall adopt the measures necessary for its organisation and to ensure transparency in procedures and the respect of all opinions expressed .


### notwithstanding article 57 , regulation no 199 / 2008 shall continue to apply to the national programmes adopted for the collection and management of data for the years 2011 - 2013 . ### notwithstanding article 57 , regulation no 199 / 2008 shall continue to apply to the national programmes adopted for the collection and management of data for the years until such time as the entry into force of new measures to establish a union framework for the collection , management and use of data in the fisheries sector .


### this regulation takes into account the economic , social and technical environment and the concomitant emerging challenges . in particular , actions funded under this programme will seek to address issues linked to globalisation , digitalisation , the need to move towards more sustainable patterns of consumption , population ageing , social exclusion and the issue of vulnerable consumers . integrating consumer interests into all union policies , in accordance with article 12 tfeu , should be given high priority . coordination with other union policies and programmes is a key part of ensuring that consumer interests are taken fully into account in other policies . in order to promote synergies and avoid duplication , other union funds and programmes should provide for financial support for the integration of consumer interests in their respective fields . ### this regulation takes into account the economic , social and technical environment and the concomitant emerging challenges . in particular , actions funded under this programme will seek to address issues linked to globalisation , digitalisation , the need to move towards more sustainable patterns of consumption , population ageing , social exclusion and the issue of vulnerable consumers . integrating consumer interests into all union policies , in accordance with article 12 tfeu , has high priority . coordination with other union policies and programmes is a key part of ensuring that consumer interests are taken fully into account in other policies . in order to promote synergies and avoid duplication , other union funds and programmes should provide for financial support for the integration of consumer interests in their respective fields .


### preparation of the strategic research agenda &#8211 ; defining the part on scientific content of the programme focusing on calls for proposals , in conformity with the objectives set in the seventh framework programme ; ### preparation of the strategic research agenda &#8211 ; defining the part on scientific content of the programme focusing on calls for proposals , in conformity with the common goal of sustainable ecosystem - based management in the baltic sea region and with the objectives set in the seventh framework programme ;


### demonstration by the bonus eeig of its capacity to implement bonus - 169 including receiving , allocating and monitoring the community financial contribution under indirect centralised management in accordance with articles 54 and 56 of the regulation no 1605 / 2002 and articles 35 , 38 and 41 of regulation no 2342 / 2002 and in accordance with sound financial management . ### demonstration by the bonus eeig of its capacity to implement bonus - 169 including achieving the objectives of the baltic sea region’s environmentally sustainable development , receiving , allocating and monitoring the community financial contribution under indirect centralised management in accordance with articles 54 and 56 of the regulation no 1605 / 2002 and articles 35 , 38 and 41 of regulation no 2342 / 2002 and in accordance with sound financial management .


### the community financial contribution and the cash contribution of the participating states to bonus - 169 shall be pooled and administered centrally by the bonus eeig . ### the community financial contribution and the cash contribution of the participating states to bonus - 169 shall be pooled and administered centrally by the bonus eeig , with the possibility for participating states to devote their cash contributions exclusively to domestic research projects .


### according to the commission report and to the commission communication , the administrative burden associated with obligations linked to admission to trading on regulated markets should be reduced for small and medium - sized issuers in order to improve their access to capital . the obligations to publish interim management statements or quarterly financial reports represent an important burden for issuers whose securities are admitted to trading on regulated markets , without being necessary for investor protection . they also encourage short - term performance and discourage long - term investment . in order to encourage sustainable value creation and long - term oriented investment strategy it is essential to reduce short - term pressure on issuers and to give investors incentive to adopt a longer term vision . the requirement to publish interim management statements should therefore be abolished . ### according to the commission report and to the commission communication , the administrative burden associated with obligations linked to admission to trading on regulated markets should be reduced for small and medium - sized issuers in order to improve their access to capital . the obligations to publish interim management statements represent an important burden for issuers whose securities are admitted to trading on regulated markets , without being necessary for investor protection . they also encourage short - term performance and discourage long - term investment . in order to encourage sustainable value creation and long - term oriented investment strategy it is essential to reduce short - term pressure on issuers and to give investors incentive to adopt a longer term vision . the requirement to publish interim management statements should therefore be abolished .


### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate . the report should include types of payments comparable to those disclosed under the extractive industries transparency initiative and provide civil society with information to hold governments of resource - rich countries to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the detailed requirements are defined in chapter 9 of directive 2011 / . . / eu of the european parliament and of the council . ### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market should disclose on an annual basis payments made to governments and other contextual information in the countries in which they operate . this disclosure should be part of the annual report and should include types of payments building on those disclosed under the extractive industries transparency initiative and provide civil society , including investors , with other contextual information . the report should include activities of subsidiaries , associates , joint ventures , permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or entity in question and should include turnover of the undertaking that might give rise to payments and , on a country - by - country basis , profit before tax , effective tax rates , total number of people employed and their aggregate remuneration , expenditure on fixed asset investment during the course of the reporting period and , in the case of undertakings active in the extractive and logging industries , production volumes . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council .


### in article 4 , the following paragraph 7 is added : ### article 4 is amended as follows :


### articles 4 , 5 and 6 shall not apply to an issuer that is a state , a regional or local authority of a state , a public international body of which at least one member state is a member , the ecb , and member states ' national central banks whether or not they issue shares or other securities . ### articles 4 and 5 shall not apply to an issuer that is a state , a regional or local authority of a state , a public international body of which at least one member state is a member , the ecb , and member states ' national central banks whether or not they issue shares or other securities .


### in case of a legal person , administrative pecuniary sanctions of up to 10 % of the total annual turnover of that legal person in the preceding business year ; ### administrative pecuniary sanctions ;


### member states shall ensure that when determining the type of administrative sanctions or measures and the level of administrative pecuniary sanctions , the competent authorities shall take into account all relevant circumstances , including : ### member states shall require their competent authorities , when determining the type of administrative sanctions or measures and the level of administrative pecuniary sanctions , to take into account all relevant circumstances , including :


### sustainable development of air transport necessitates the introduction of measures aimed at reducing the noise nuisance from aircraft at airports with particular noise problems . a large number of eu citizens are exposed to high noise levels which may lead to negative health effects . ### sustainable development of air transport necessitates the introduction of measures aimed at reducing the noise nuisance from aircraft at and around airports with particular noise problems , in the light of current and future cumulative impact and risk scenarios . a large number of eu citizens are exposed to high noise levels which may lead to negative health effects , particularly where night flights are concerned .


### resolution a33 / 7 of the international civil aviation organisation introduces the concept of a “balanced approach” to noise management and establishes a coherent method to address aircraft noise . the icao ' balanced approach ' should remain the foundation of noise regulation for aviation , as a global industry . the balanced approach recognises the value of , and does not prejudge , relevant legal obligations , existing agreements , current laws and established policies . incorporating the international rules of the balanced approach in this regulation should substantially lessen the risks of international disputes in case third country carriers may be affected by noise - related operating restrictions . ### resolution a33 / 7 of the international civil aviation organisation introduces the concept of a “balanced approach” to noise management and establishes a coherent method to address aircraft noise . this regulation completes this approach , with the aim of reducing most of the environmentally harmful effects of civil aviation , through the application of integrated measures including : technological progress , appropriate operating procedures , proper organisation of air transit and appropriate use of airport planning mechanisms , planning measures and land - use management . the icao ' balanced approach ' should remain the foundation of noise regulation for aviation , as a global industry . the balanced approach recognises the value of , and does not prejudge , relevant legal obligations , existing agreements , current laws and established policies . incorporating the international rules of the balanced approach in this regulation should substantially lessen the risks of national and international disputes in case third country carriers may be affected by noise - related operating restrictions .


### the report from the commission to the council and the european parliament on noise operating restrictions at eu airports pointed to the need to clarify in the text of the directive the allocation of responsibilities and the precise obligations and rights of interested parties during the noise assessment process so as to guarantee that cost - effective measures are taken to achieve the noise abatement objectives . ### the report from the commission to the council and the european parliament on noise operating restrictions at eu airports pointed to the need to clarify in the text of the directive the allocation of responsibilities and the precise obligations and rights of interested parties during the noise assessment process so as to guarantee that effective measures , based on economic and environmental cost - benefit , are taken to achieve the noise abatement objectives .


### while noise assessments should take place on a regular basis , such assessments should only lead to additional noise abatement measures if the current combination of noise mitigating measures does not achieve the noise abatement objectives . ### while noise assessments shall take place on a regular basis , such assessments shall only lead to additional noise abatement measures if the current combination of noise mitigating measures , or the measures established by directive 2002 / 49 / ec , do not achieve the noise abatement objectives .


### noise assessments should build on existing information available and ensure that such information is reliable and accessible to competent authorities and stakeholders . competent authorities should put in place the necessary monitoring and enforcement tools . ### noise assessments should be based on objective and measurable criteria common to all the member states . this information must be reliable , obtained in a transparent and verifiable manner and accessible to all stakeholders . competent authorities should put in place the necessary monitoring and enforcement tools . noise assessment shall be carried out or supervised by outside agencies independent from the air traffic control body .


### centralisation of information on noise would substantially reduce the administrative burden for aircraft and airport operators alike . such information is currently provided and managed at the individual airport level . these data need to be put at their disposal for operational purposes . it is important to use the data bank of the european aviation safety agency concerning noise performance certification as a validation tool with the european organisation for the safety of air navigation data on individual flights . such data are currently already systematically requested for central flow management purposes , but need to be specified for the purpose of this regulation and for performance regulation of air traffic management . good access to validated modelling data should improve the quality of mapping of noise contours of individual airports and strategic mapping to support policy decisions . ### centralisation of information on noise would substantially reduce the administrative burden for aircraft and airport operators alike . such information is currently provided and managed at the individual airport level . these data need to be made available to them for operational purposes , and to other interested parties on request . it is important to use the data bank of the european aviation safety agency concerning noise performance certification as a validation tool with the european organisation for the safety of air navigation data on individual flights . such data are currently already systematically requested for central flow management purposes , but need to be specified for the purpose of this regulation and for performance regulation of air traffic management . good access to validated modelling data should improve the quality of mapping of noise contours of individual airports and strategic mapping to support policy decisions .


### to facilitate the achievement of specific environmental noise abatement objectives , as laid down in union , national and local rules , and to assess their interdependence with other environmental objectives , at the level of individual airports ; ### to facilitate the achievement of specific environmental noise abatement objectives for each individual airport , as laid down in union , national and local rules , and to assess their interdependence with other environmental objectives , at the level of individual airports ;


### member states shall designate competent authorities responsible for adopting measures on operating restrictions , as well as an independent appeal body . ### member states shall designate competent authorities responsible for adopting measures on operating restrictions , as well as an impartial mediating body and an independent appeal body .


### member states may , within the balanced approach , differentiate noise mitigating measures according to aircraft type , runway use and / or timeframe covered . ### member states may , within the balanced approach , differentiate noise mitigating measures according to aircraft type , runway use , flight path and / or timeframe covered .


### the competent authorities shall organise the consultation process with interested parties in a timely and substantive manner , ensuring openness and transparency as regards data and computation methodology . interested parties shall have at least three months prior to the adoption of the new measures to provide comments . the interested parties shall at least include : ### the competent authorities shall organise the participatory process with interested parties in a timely and substantive manner , ensuring openness and transparency as regards data and computation methodology . interested parties shall have at least four months prior to the adoption of the new measures to provide comments . where the measures lead to more far - reaching changes or expansions , such as those described in article 4 , interested parties shall have at least nine months prior to the adoption of the new measures to provide comments . the interested parties shall , in addition to the provisions of article 2 , at least include :


### representatives from local residents living in the surroundings of the airports affected by air traffic noise ; ### representatives from local residents living in the surroundings of the airports affected by air traffic noise and associations of affected persons ;


### the competent authorities shall follow up and monitor the implementation of the noise mitigating measures and take action as appropriate . they shall ensure that relevant information is provided on a regular basis to the local residents living in the surroundings of the airports . ### the competent authorities shall follow up and monitor the implementation of the noise mitigating measures and take action as appropriate . they shall ensure that relevant information concerning the criteria used in drawing up environmental and public health impact and risk scenarios and the environmental monitoring and control measures which have been and / or are to be taken is provided on a regular basis to the local residents living in the surroundings of the airports .


### data shall be stored in a central database and made available to competent authorities , aircraft operators , air navigation service providers and airport operators for operational purposes . ### data shall be stored in a central database for at least five years and made available to competent authorities , aircraft operators , air navigation service providers and airport operators for operational purposes . other interested parties , as described in articles 2 and 5 , shall have access to this information on request .


### following the assessment carried out in accordance with article 5 , the notification of the decision shall be accompanied by a written report explaining the reasons for introducing the operating restriction , the environmental objective established for the airport , the measures that were considered to meet that objective , and the evaluation of the likely cost - effectiveness of the various measures considered , including , where relevant , their cross - border impact . ### following the assessment carried out in accordance with article 5 , the notification of the decision shall be accompanied by a written report explaining the reasons for introducing the operating restriction , the environmental objective established for the airport , the measures that were considered to meet that objective , and the evaluation of the cost - benefit of the various measures considered , including , where relevant , their cross - border impact .


### right of scrutiny ### power of consideration and recommendation


### air traffic noise impact will be described , at least , in terms of noise indicators lden and lnight which are defined and calculated in accordance with annex&#160 ; i to directive 2002 / 49 / ec . ### air traffic noise impact will be described , at least , in terms of noise indicators lden , lnight and lamax which are defined and calculated in accordance with annex&#160 ; i to directive 2002 / 49 / ec . different significant air traffic days at the airport in question shall be used as a reference for these calculations .


### 1 a description of the airport including information about its size , location , surroundings , air traffic volume and mix . ### 1 a description of the airport including information about its size , location , surroundings , air traffic volume and mix and potential specific and cumulative impact and risk factors , in terms of noise levels , in the light of local and environmental circumstances .


### 1 . a description of the airport including information about its size , location , surroundings , air traffic volume and mix . ### 1 . a description of the airport including information about its capacity , location , surroundings , sensitive areas , air traffic volume and mix .


### 3 details of noise contours for the current and previous years – including an assessment of the number of people affected by aircraft noise . ### details of noise contours for the current and at least the last two previous years – including an assessment of the number of people affected by aircraft noise , carried out according to the provisions of annex iii of directive 2002 / 49 / ec .


### 4 . 3 . for noise abatement operational measures , to the extent that these measures do not restrict capacity of an airport : ### 4 . 3 . for noise abatement operational measures :


### 1 descriptions of airport developments already approved and in the pipeline , for example , increased capacity , runway and / or terminal expansion , and the projected future traffic mix and estimated growth . ### 1 descriptions of airport developments already approved and in the pipeline , for example , increased capacity , runway and / or terminal expansion , eventual creation of night terminals , approach and take - off forecasts , projected future traffic mix and estimated growth and a detailed study of the noise impact on the surrounding area caused by expanding the capacity , runways and terminals and by modifying flight paths and approach and take - off routes .


### 3 a description of effect on noise climate without further measures , and of those measures already planned to ameliorate the noise impact over the same period . ### a description of effect on noise climate and the number of people affected without further measures , and of those measures already planned to minimise the noise impact over the same period .


### 1 outline of the additional measures available and an indication of the main reasons for their selection . description of those measures chosen for further analysis and information on the outcome of the cost - efficiency analysis , in particular the cost of introducing these measures ; the number of people expected to benefit and timeframe ; and a ranking of the overall effectiveness of particular measures . ### outline of the additional measures available and an indication of the main reasons for their selection . description of those measures chosen for further analysis and information on the outcome of the cost - benefit analysis , in particular the cost of introducing these measures ; the number of people expected to benefit and timeframe ; and a ranking of the overall effectiveness of particular measures .


### assessment of the cost - effectiveness of noise - related operating restrictions ### cost - benefit assessment of noise - related operating restrictions


### the cost - effectiveness of envisaged noise - related operating restrictions will be assessed taking due account of following elements , to the extent possible , in quantifiable terms : ### the cost - benefit relationship of envisaged noise - related operating restrictions will be assessed taking due account of following elements , to the extent possible , in quantifiable terms :


### the anticipated noise benefit of the envisaged measures , now and in the future ; 2 ) safety of aviation operations , including third party risk ; 3 ) capacity of the airport ; 4 ) effects on the european aviation network . in addition competent authorities may take due account of the following factors : health and safety of local residents living in the surroundings of the airport ; 2 ) environmental sustainability , including interdependencies between noise and emissions ; 3 ) direct , indirect and catalytic employment effects . ### the anticipated noise benefit of the envisaged measures , now and in the future ; 2 ) safety of aviation operations , including third party risk ; 3 ) capacity of the airport ; 4 ) effects on the european aviation network . 5 ) health and safety of local residents living in the surroundings of the airport ; 6 ) environmental sustainability , including interdependencies between noise and emissions ; 7 ) direct , indirect and catalytic employment effects .


### having regard to the treaty on the functioning of the european union , and in particular article 43 and article 168 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 349 , article 43 and article 168 thereof ,


### by decision 2012 / 419 / eu3 , the european council amended the status of mayotte with regard to the union with effect from 1 january 2014 . therefore , from that date mayotte will cease to be an overseas territory to become an outermost region within the meaning of articles 349 and 355 tfeu . union law will apply to mayotte from 1 january 2014 . it is appropriate to provide for certain specific measures justified by the particular situation of mayotte in a number of areas . __________________ 3 oj l 204 , 31 . 7 . 2012 , p . 131 . ### by decision 2012 / 419 / eu3 , the european council amended the status of mayotte with regard to the union with effect from 1 january 2014 . therefore , from that date mayotte will cease to be an overseas territory to become an outermost region within the meaning of articles 349 and 355 tfeu . union law will apply to mayotte from 1 january 2014 . it is appropriate to provide for certain specific measures justified by the particular social and economic constraints obtaining in the outermost region of mayotte in a number of areas . __________________ 3 oj l 204 , 31 . 7 . 2012 , p . 131 .


### first , an important part of the fleet flying the flag of france and operating from the french department of mayotte is composed by vessels of less than 9 meters which are dispersed around the island , have no specific landing sites and still need to be identified , measured and equipped with minimum safety implements in order to be included in the register of union fishing vessels ; as a consequence , france will not be able to complete this register until 31 december 2016 . france should , however , install a provisional fleet register guaranteeing minimum identification of the vessels of this segment in order to avoid proliferation of informal fishing vessels . ### first , an important part of the fleet flying the flag of france and operating from the french department of mayotte is composed by vessels of less than 10 meters which are dispersed around the island , have no specific landing sites and still need to be identified , measured and equipped with minimum safety implements in order to be included in the register of union fishing vessels ; as a consequence , france will not be able to complete this register until 31 december 2021 . france should , however , install a provisional fleet register guaranteeing minimum identification of the vessels of this segment in order to avoid proliferation of informal fishing vessels .


### as regards council regulation no 1224 / 2009 of 20 november 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy , amending regulations no 847 / 96 , no 2371 / 2002 , no 811 / 2004 , no 768 / 2005 , no 2115 / 2005 , no 2166 / 2005 , no 388 / 2006 , no 509 / 2007 , no 676 / 2007 , no 1098 / 2007 , no 1300 / 2008 , no 1342 / 2008 and repealing regulations no 2847 / 93 , no 1627 / 94 and no 1966 / 20069 , it appears that france will not be in a position to comply with all union control obligations for the segment ' mayotte . pelagic and demersal species . length __________________ 9 oj l 343 , 22 . 12 . 2009 , p . 1 . ### as regards council regulation no 1224 / 2009 of 20 november 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy , amending regulations no 847 / 96 , no 2371 / 2002 , no 811 / 2004 , no 768 / 2005 , no 2115 / 2005 , no 2166 / 2005 , no 388 / 2006 , no 509 / 2007 , no 676 / 2007 , no 1098 / 2007 , no 1300 / 2008 , no 1342 / 2008 and repealing regulations no 2847 / 93 , no 1627 / 94 and no 1966 / 20069 , it appears that france will not be in a position to comply with all union control obligations for the segment ' mayotte . pelagic and demersal species . length 10m ' of the fleet of mayotte by the date on which mayotte becomes an outermost region . the vessels of that segment , dispersed around the island , have no specific landing sites and still need to be identified . in addition , it is necessary to train fishermen and controllers and to set up the appropriate administrative and physical infrastructure . it is therefore necessary to provide for a temporary derogation from certain rules concerning the control of fishing vessels and their characteristics , their activities at sea , their gear and their catches at all stages from the vessel to the market in respect of that segment of the fleet . however , in order to attain at least some of the most important objectives of regulation no 1224 / 2009 , france should establish a national control system allowing it to control and monitor the activities of that segment of the fleet and to comply with the international reporting obligations of the union . __________________ 9 oj l 343 , 22 . 12 . 2009 , p . 1 .