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


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


### member states shall 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 . they shall coordinate , in close cooperation with the commission , their fisheries data collection , research and innovation activities with other member states and union research and innovation frameworks


### 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 .


### multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner . ### multiannual plans shall comply with the objectives in articles 2 and 3 , be based on the precautionary approach to fisheries management and take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner .


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


### the union shall actively contribute to and support the development of scientific knowledge and advice in rfmos and international organisations . ### the union shall actively contribute to and support the development of scientific knowledge and advice in rfmos and specialist international organisations with a recognised track record for scientific advice . it shall help strengthen cooperation ties between rfmos and international fisheries organisations .


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


### a member state may take non - discriminatory measures for the conservation and management of fish stocks and to minimise the effect of fishing on the conservation of marine eco - systems within 12 nautical miles of its baselines provided that the union has not adopted measures addressing conservation and management specifically for that area . the member state measures shall be compatible with the objectives set out in articles 2 and 3 and no less stringent than those in existing union legislation . ### a member state may take non - discriminatory measures for the conservation and management of fish stocks and to meet targets relating to other living aquatic resources and the maintenance or improvement of the conservation status of marine eco - systems within 12 nautical miles of its baselines provided that the union has not adopted measures addressing conservation and management specifically for that area or specifically addressing the problem identified by the member state in question . the member state measures shall be compatible with the objectives set out in articles 2 and 3 and no less stringent than those in existing union legislation .


### 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 long - term environmental , economic and social sustainability objectives set out in articles 2 and 3 .


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


### specific measures and objectives for the freshwater part of the life cycle of anadromous and catadromous species ; ### specific measures and goals for the freshwater part of the life cycle of anadromous and catadromous species ;


### – ‘ ecosystem - based approach to fisheries management’ means an approach ensuring that benefits from living aquatic resources are high while the direct and indirect impacts of fishing operations on marine ecosystems are low and not detrimental to the future functioning , diversity and integrity of those ecosystems ; ### – ' ecosystem - based fisheries management ' means an approach that considers all pressures on marine biological resources , ensuring that benefits from marine ecosystems and marine biological resources are high while the direct and indirect impacts of fishing operations on marine ecosystems are low and not detrimental to the future functioning , diversity and integrity of those ecosystems ;


### fishing opportunities shall comply with quantifiable targets , time frames and margins established in accordance with article 9 and 11 , and . ### fishing opportunities shall comply with quantifiable targets , time frames and margins established in multiannual plans in accordance with article 9 and article 11 , and .


### promote the development of union aquaculture activities to contribute to food security and employment in coastal and rural areas ; ### promote the development of sustainable and eco - system based aquaculture activities in order to contribute to food security and employment in coastal and rural areas ;


### 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 . ### the european parliament and the council , acting under the ordinary legislative procedure , shall adopt as a priority , no later than 2015 , multiannual plans for all harvested species in order to maintain or restore all stocks of harvested species above levels capable of producing maximum sustainable yield by 2015 , above levels capable or producing maximum sustainable economic yield by 2020 and to achieve a good environmental status by 2020 .


### the scope , in terms of stocks , fishery and the marine ecosystem to which the multiannual plan shall be applied ; ### the scope , in terms of stocks , fisheries and the marine ecosystems to which the multiannual plan shall be applied ;


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


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


### establishing incentives , including those of an economic nature , to promote more selective or low impact fishing ; ### establishing incentives , including preferential access to fishing opportunities and other economic measures , to promote more selective or low impact fishing ;


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


### 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 .


### 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 ;


### the common fisheries policy should contribute to the protection of the marine environment and in particular to the achievement of good environmental status by 2020 the latest as set out in article 1 of directive 2008 / 56 / ec of the european parliament and the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy . ### the common fisheries policy should contribute to the protection of the marine environment and in particular to the objectives of the habitats , wild birds and natura 2000 directives and to the achievement of good environmental status by 2020 the latest as set out in article 1 of directive 2008 / 56 / ec of the european parliament and the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy .


### mesh sizes and rules concerning the use of fishing gears ; ### definition of the characteristics of fishing gears and rules concerning their use ;


### conservation , management and exploitation of marine biological resources ; and ### conservation , management and exploitation of aquatic biological resources ;


### on the basis of evidence of a serious threat to the conservation of marine biological resources , or to the marine eco - system and requiring immediate action , the commission , upon a reasoned request of a member state or on its own initiative , may decide on temporary measures to alleviate the threat . ### on the basis of evidence , derived from reliable scientific data and a shared diagnosis , of a serious threat to the conservation of marine biological resources , or to the marine eco - system requiring immediate action , the commission , upon a reasoned request of a member state or on its own initiative , may decide on temporary measures , for a period not exceeding six months , to alleviate the threat . the commission may take a new decision to extend the emergency measures for no more than six months .


### 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 .


### 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 objectives set out in articles 2 and 3 and with other areas of eu policy .


### compliance with obligations under union environmental legislation ### compliance with obligations under union environmental protection requirements and international agreements


### scope the common fisheries policy shall cover : conservation , management and exploitation of marine biological resources ; and fresh water biological resources , aquaculture , and the processing and marketing of fisheries and aquaculture products , in relation to measures on markets and financial measures in support of the common fisheries policy . 2 . the common fisheries policy shall cover the activities referred to in paragraph 1 where they are carried out : on the territory of member states ; or in union waters , including by fishing vessels flying the flag of , and registered in , third countries ; or by union fishing vessels outside union waters ; or by nationals of member states , without prejudice to the primary responsibility of the flag state . ### scope the common fisheries policy shall cover : the conservation of marine biological resources , sustainable exploitation and management of fisheries targeting such resources ; the conservation of fresh water biological resources , aquaculture and the processing and marketing of fisheries and aquaculture products , in relation to measures on markets and financial measures in support of the common fisheries policy , structural measures and the management of the fleet capacity ; the social and economic viability of fishing activities , the promotion of employment in , and the development of coastal communities , the specific problems of small scale and artisanal fishing and aquaculture . 2 . the common fisheries policy shall cover the activities referred to in paragraph 1 where they are carried out : on the territory of member states ; or in union waters , including by fishing vessels flying the flag of , and registered in , third countries ; or by union fishing vessels outside union waters , or by nationals of member states , without prejudice to the primary responsibility of the flag state .


### fresh water biological resources , aquaculture , and the processing and marketing of fisheries and aquaculture products , in relation to measures on markets and financial measures in support of the common fisheries policy . ### the processing and marketing of fisheries and aquaculture products , in relation to measures on markets and financial measures in support of the common fisheries policy , structural measures and the management of fleet capacity .


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


### contribute to ensuring a level playing field for all products marketed in the union by promoting sustainable exploitation of fisheries resources . ### contribute to ensuring commercial conditions for all products produced , processed and marketed in the union , in keeping and in line with the common trade policy and agri - food quality schemes , by promoting sustainable exploitation of fisheries resources that complies with the union’s health and social requirements ; and this without prejudice to ensuring a level - playing field for all products marketed in the union .


### 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 . ### fishing opportunities allocated to member states shall ensure each member state ' s actual participation in fishing activities for a three - year reference period , for each fish stock or fishery . the interests of each member state shall be taken into account when new fishing opportunities are allocated .


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


### 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 . ### fishing opportunities allocated to member states shall ensure each member state relative stability , based on the previous five years of fishing activities , for each fish stock or fishery . the dependency of each member state on fishing activities , and fishing losses in each area , shall be taken into account when new fishing opportunities are allocated


### member states shall put in place measures to adjust the fishing capacity of their fleets in order to achieve an effective balance between such fishing capacity and their fishing opportunities . ### does not apply to english version .


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


### member states shall put in place measures to adjust the fishing capacity of their fleets in order to achieve an effective balance between such fishing capacity and their fishing opportunities . ### member states shall put in place measures to adjust the fishing capacity of their national fleets in order to achieve an effective balance between their fishing capacity and their fishing opportunities in line with the general objectives set out in article 2 .


### certainty for aquaculture operators in relation to access to waters and space ; ### certainty for aquaculture operators in relation to access to waters and space , in line with the eu policy on coastal zone management and maritime spatial planning ;


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


### in a multiannual plan established pursuant to articles 9 , 10 and 11 member states may be authorised to adopt measures , in accordance with that multiannual plan , which specify the conservation measures applicable to vessels flying their flag in relation to stocks in union waters for which they have been allocated fishing opportunities . ### in a multiannual plan established pursuant to articles 9 , 10 , 11 and 14 , member states , in close cooperation with regional advisory councils , may be authorised to adopt measures , in accordance with that multiannual plan , which specify the technical or conservation measures applicable to vessels flying their flag in relation to stocks in union waters for which they have been allocated fishing opportunities or within their 12 - mile limit .


### 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 and aquaculture scientific data collection , research and innovation programmes . they shall coordinate their fisheries data collection , research and innovation activities with other member states and union research and innovation frameworks . where appropriate , they shall involve the relevant advisory councils .


### adopting measures for the purpose of adapting the number of fishing vessels and / or types of fishing vessels to available fishing opportunities ; ### adopting measures that , taking account of sustainable fishing effort , adapt the number of fishing vessels and / or types of fishing vessels to available fishing opportunities ;


### the common fisheries policy shall integrate the union environmental legislation requirements . ### the common fisheries policy shall contribute to the achievement and maintenance of good environmental status as set out in directive 2008 / 56 / ec of the european parliament and the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy and in commission decision 2010 / 477 / eu of 1 september 2010 on criteria and methodological standards on good environmental status of marine waters1 and other union environmental legislation . _______________ 1 oj l 232 , 02 . 09 . 2010 . , p . 14 .


### 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 .


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


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


### 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 .


### consistence with the integrated maritime policy , and with other union policies . ### consistency with the integrated maritime policy , and with other union policies , in particular with existing eu and international environmental and fisheries management policies whilst ensuring policy coherence for development ;


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


### 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 .


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


### in view of the precarious economic state of the fishing industry and the dependence of certain coastal communities on fishing activities , it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among member states , based on a predictable share of stocks for each member state . ### in view of the precarious economic state of the fishing industry and the dependence of many coastal and island communities on fishing activities , it is necessary to revise the concept of relative stability and to ensure the stability of fishing activities and the socio - economic viability of the sector and the regions that are dependent on it by allocating fishing opportunities among member states , based on a predictable share of stocks for each member state and the fishing capacity that they have .


### measures for the conservation of marine biological resources may include the following : ### measures for the conservation and sustainable exploitation of marine biological resources may include the following :


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


### 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 .


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


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


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


### 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 above levels capable of producing maximum sustainable yield 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 the relevant stocks .


### the union is a contracting party to the united nations convention on the law of the sea of 10 december 1982 and it has ratified the united nations agreement for the implementation of the provisions of the united nations convention on the law of the sea of 10 december 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 . it has also accepted the agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas of 24 november 1993 of the food and agriculture organisation of the united nations . these international instruments predominantly foresee conservation obligations , including among other things obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas , and to cooperate with other states to this end , obligations to apply the precautionary approach widely to conservation , management and exploitation of fish stocks , obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas . the common fisheries policy should contribute to the union ' s proper discharge of its international obligations under these international instruments . where member states adopt conservation and management measures , for which they have been empowered in the framework of the common fisheries policy , they should also act in a manner which is fully consistent with the international conservation and cooperation obligations under the said international instruments . ### the union is a contracting party to the united nations convention on the law of the sea of 10 december 1982 18 and it has ratified the united nations agreement for the implementation of the provisions of the united nations convention on the law of the sea of 10 december 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 . it has also accepted the agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas of 24 november 1993 of the food and agriculture organisation of the united nations 19 . these international instruments predominantly foresee conservation obligations , including among other things obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas , and to cooperate with other states to this end , obligations to apply the precautionary approach widely to conservation , management and exploitation of fish stocks , obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas . in the interests of a harmonised sustainable fisheries policy in all shared seas and to improve cooperation with neighbouring countries and the management of shared stocks , the union should seek to conclude sustainable fisheries cooperation agreements with third countries , under which the union can provide financial and technical assistance in exchange for application of the same , or comparable , rules on sustainable management as applied in the union . the common fisheries policy should contribute to the union ' s proper discharge of its international obligations under these international instruments . where member states adopt conservation and management measures , for which they have been empowered in the framework of the common fisheries policy , they should also act in a manner which is fully consistent with the international conservation and cooperation obligations under the said international instruments .


### consistence with the integrated maritime policy , and with other union policies . ### consistence with the other policies of the european union .


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


### 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 .


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


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


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


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


### objectives consistent with the objectives set out in articles 2 and 3 ; ### goals that are consistent with the objectives set out in articles 2 and 3 ;


### improving the competitiveness of the aquaculture industry and supporting its development and innovation ; ### improving the competitiveness of the organic and closed - system aquaculture industry and supporting its development and innovation ;


### 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 .


### the scope , in terms of stocks , fishery and the marine ecosystem to which the multiannual plan shall be applied ; ### the scope , in terms of stocks , fisheries and the marine ecosystem to which the multiannual plan shall be applied ;


### – ‘ catch limit’ means a quantitative limit on landings of a fish stock or group of fish stocks over a given period ; ### – ‘ catch limit’ means a quantitative limit on the catches of a fish stock or group of fish stocks over a given period ;


### 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 .


### 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 .


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


### technical measures frameworks technical measures frameworks to ensure the protection of marine biological resources and the reduction of the impact of fishing activities on fish stocks and on marine eco - systems shall be established . technical measures frameworks shall : contribute to maintaining or restoring fish stocks above levels capable of producing maximum sustainable yield through improvements in size - selection and where appropriate species selection ; reduce catches of undersized individuals from fish stocks ; reduce catches of unwanted marine organisms ; mitigate the impact of fishing gear on the ecosystem and the environment , with particular regard to the protection of biologically sensitive stocks and habitats . ### technical measures frameworks technical measures frameworks to ensure the protection of marine biological resources and the reduction of the impact of fishing activities on fish stocks and other species shall be established . technical measures frameworks shall : contribute to maintain or restore fish stocks above levels capable of producing maximum sustainable yield in accordance with article 2 , paragraph 2 , through improvements in selectivity by species and size ; avoid , minimise and , as far as possible , eliminate catches of undersized individuals from fish stocks ; avoid , minimise and as far as possible eliminate unwanted catches of marine organisms and seabirds ; minimise the impact of fishing gear on the ecosystem and the marine environment , with particular regard to the protection of biologically sensitive stocks and habitats .


### reduce catches of unwanted marine organisms ; ### reduce and , where possible , eliminate unwanted catches of marine organisms including seabirds ;


### mitigate the impact of fishing gear on the ecosystem and the environment , with particular regard to the protection of biologically sensitive stocks and habitats . ### minimise the impact of fishing gear on the ecosystem and the marine environment , with particular regard to the protection of biologically sensitive stocks and habitats .


### 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 . ### fishing opportunities allocated to member states shall ensure each member state relative stability , based on the previous five years of fishing activities , for each fish stock or fishery . the dependency of each member state on fishing activities , and fishing losses in each area , shall be taken into account when new fishing opportunities are allocated


### advisory councils shall be composed of organizations representing the fisheries operators and other interest groups affected by the common fisheries policy . ### advisory councils shall be composed of organisations representing the member states ' fisheries authorities , the fisheries operators , workers ' representatives and other interest groups affected by the common fisheries policy . representatives of the scientific community shall attend as observers .


### there is a need to strengthen the competitiveness of the union fishery and aquaculture sector , and a call for simplification in support of better management of production and marketing activities of the sector ; the common market organisation for fishery and aquaculture products should ensure a level - playing field for all fishing and aquaculture products marketed in the union , should enable consumers to make better informed choices and support responsible consumption , and should improve the economic knowledge and understanding of the union markets along the supply chain . ### there is a need to strengthen the competitiveness of the union fishery and aquaculture sector , and a call for simplification in support of better management of production and marketing activities of the sector , ensuring reciprocity in trade with third countries so as to create a level playing field on the union market , not just as regards the sustainability of fisheries , but also in terms of health checks ; the common market organisation for fishery and aquaculture products should ensure a level playing field for all fishing and aquaculture products marketed in the union , should enable consumers to make better informed choices and support responsible consumption , and should improve the economic knowledge and understanding of the union markets along the supply chain .


### decision no 2004 / 585 is hereby repealed with effect from the entry into force of the rules adopted under articles 51 and 52 . ### decision no 2004 / 585 is hereby repealed with effect from the entry into force of the rules adopted under article 54 .


### strengthen the competitiveness of the union fishery and aquaculture industry , in particular producers ; ### strengthen the competitiveness of the union fishery and aquaculture industry , in particular producers , by inter alia promoting quality schemes for agri - food products , for which purpose bodies managing the aforementioned quality schemes shall be granted special consideration ;


### ensure that the collected data are accurate and reliable ; ### ensure that data are collected in a timely manner and that the collected data are accurate and reliable ;


### 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 and supplies , growth and employment , non - binding union strategic guidelines on common priorities and targets for the development of sustainable aquaculture activities shall be established by the commission by 2013 . such strategic guidelines shall differentiate between , on the one hand , small to medium aquaculture and on the other hand , aquaculture on an industrial scale , shall take account of the relative starting positions and different circumstances throughout the union and shall form the basis for multiannual national strategic plans and shall aim at :


### management of fishing capacity each member state fleet shall be subject to fishing capacity ceilings as set out in annex ii . 2 . member states may request the commission to exclude fishing vessels subject to a system of transferable fishing concessions established in accordance with article 27 from the fishing capacity ceilings established in accordance with paragraph 1 . in that case the fishing capacity ceilings shall be re - calculated to take into account the fishing vessels which are not subject to a system of transferable fishing concessions . 3 . the commission shall be empowered to adopt delegated acts in accordance with article 55 concerning the re - calculation of the fishing capacity ceilings as referred to in paragraphs 1 and 2 . ### management of fishing capacity each member state fleet shall be strictly subject to fishing capacity ceilings as set out in annex ii . 2 . by 30 december of the year following the entry into force of this regulation , the commission shall submit a proposal to the european parliament and the council to amend annex ii of this regualtion and council regulation 2930 / 1986 to define capacity with regard to ) any measurable parameter of the vessel that can affect a vessel ' s ability to catch fish . this new defintion shall take into account social and economic criteria as well as control efforts undertaken by member states . in this proposal the fleet capacity of each member state shall be broken down by the fleet segments , including . a specific breakdown for vessels operating in the outermost regions and for vessels operating exclusively outside community waters .