### – ‘ 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 ;


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


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


### 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 .


### 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 . ### the common fisheries policy shall ensure that fishing and aquaculture activities are sustainable and are managed in a way that is consistent with the objective of achieving a healthy marine environment , thereby providing long - term sustainable environmental , economic and social benefits and contributing to the availability of food supplies .


### 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 .


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


### clear definition of responsibilities at the union , national , regional and local levels ; ### clear definition of responsibilities at the union , national , regional and local levels in order to bring about decentralised locally based management enabling the true state and the specific features of every country , fishing zone , fleet , and fishery resource to be taken into account ;


### 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 [ 10 ] 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 [ 18 ] . 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 and regulated uses of the seas . the common fisheries policy should contribute to the union ' s proper discharge of its international obligations under these international instruments , promoting the worldwide adoption of these good practices in the interests of the sustainability of fishery resources and fair access to living aquatic resources for the world ' s fleets . 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 .


### 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 .


### the objective of sustainable exploitation of marine biological resources is more effectively achieved through a multi - annual approach to fisheries management , establishing as a priority multi - annual plans reflecting the specificities of different fisheries . ### the objective of sustainable exploitation of marine biological resources is more effectively achieved through a multi - annual approach to fisheries management , establishing as a priority multi - annual plans reflecting the specificities of different sea basins and different fisheries .


### 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 .


### promoting aquaculture ### promoting sustainable aquaculture


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


### fisheries management based on the best available scientific advice requires harmonised , reliable and accurate data sets . therefore member states should collect data on fleets and their fishing activities , in particular biological data on catches , including discards , survey information on fish stocks and on the potential environmental impact of fishing activities on the marine ecosystem . ### fisheries management based on the best available scientific advice requires harmonised , reliable and accurate data sets . therefore member states , in close cooperation with scientists and the industry , should collect data on fleets and their fishing activities , in particular biological data on catches , including discards , survey information on fish stocks and on the potential environmental impact of fishing activities on the marine ecosystem . these data should be gathered in relation to long time series and should concern as many stocks as possible on a european scale . the results and data should be accessible for the operators concerned and for the public .


### 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 .


### 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 .


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


### policy - oriented fisheries science should be reinforced by means of nationally - adopted fisheries scientific data collection , research and innovation programs in coordination with other member states as well as by union research and innovation framework tools . ### fisheries science should be reinforced by means of nationally - adopted fisheries scientific data collection , research and innovation programs in coordination with other member states as well as by research and innovation framework tools and increasing human resources , expertise and union financial assistance .


### the use of modern control technologies for the availability and quality of data on fisheries ; ### the use of effective control technologies for the availability and quality of data on fisheries ;


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


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


### the common fisheries policy shall integrate the union environmental legislation requirements . ### the common fisheries policy shall be consistent with the union environmental legislation and other sectoral legislation , without being subject to them .


### 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 .


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


### rules in place restricting access to resources within the 12 nautical mile zones of member states have operated satisfactorily benefiting conservation by restricting fishing effort in the most sensitive part of union waters . those rules have also preserved traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent . those rules should therefore continue to apply . ### rules in place restricting access to resources within the 12 nautical mile zones of member states have operated satisfactorily benefiting conservation by restricting fishing effort in the most sensitive part of union waters . those rules have also preserved traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent . those rules should therefore continue to apply and could be strengthened to give preferential access for small scale , artisanal or coastal fishermen .


### 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 ;


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


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


### administrative simplification , in particular regarding licenses ; ### reduction of red tape and administrative simplification , in particular regarding licenses ;


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


### 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 .


### – ‘ maximum sustainable yield’ means the maximum catch that may be taken from a fish stock indefinitely ; ### – ' maximum sustainable yield ' means the maximum catch that may be taken from a fish stock continuously and indefinitely without negatively affecting the reproduction of the stock ;


### 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 .


### 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 .


### 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 .


### contribute to ensuring a level playing field for all products marketed in the union by promoting sustainable exploitation of fisheries resources . ### contribute to ensuring a level playing field for all products marketed in the union by promoting sustainable exploitation of fisheries resources and sustainable ecosystem based aquaculture ;


### 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 .


### 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 .


### the use of modern control technologies for the availability and quality of data on fisheries ; ### the use of modern control technologies for the availability and quality of data on fisheries and aquaculture ;


### by - catch fishing opportunities may be reserved under the total fishing opportunities . ### by - catch fishing opportunities may be reserved under the total fishing opportunities , following assessment of the impact of this measure in the various community fisheries .


### ‘ fishing mortality rate’ means the catches of a stock over a given period as a proportion of the average stock available to the fishery in that period ; ### ‘ fishing mortality rate’ means the rate at which individuals of species and biomass are being removed from a stock by means of fishery activities ;


### minimisation of impacts of fishing on the eco - system ; ### minimisation of impacts of fishing on the eco - system , ensuring sustainable development of its activities ;


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


### 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 . ### multiannual plans providing for technical conservation measures to maintain or restore fish stocks close to levels capable of producing maximum sustainable yield , or which keep them , where possible , within biologically safe levels bearing in mind the social and economic aspects of each fishery , while also enabling the agreed long - term economic objectives to be met , shall be established as a priority . technical measures may include the following :


### – ‘ fishing capacity’ means a vessel’s tonnage in gt and its power in kw as defined in articles 4 and 5 of council regulation no 2930 / 86 ; ### – ‘ fishing capacity’ means the ability of a vessel to catch fish . 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 / 86 , the fishing gear and fishing technique it employs and the number of days spent at fishing ;


### the common fisheries policy should ensure that fishing and aquaculture activities contribute to long - term sustainable environmental , economic , and social conditions . it should contribute moreover to increased productivity , a fair standard of living for the fisheries sector , stable markets , ensure the availability of resources and that supplies reach consumers at reasonable prices . ### the common fisheries policy should ensure that fishing and aquaculture activities contribute to long - term sustainable environmental , economic , and social stability . it should contribute moreover to increased productivity , the delivery of food security , a fair standard of living for the fisheries sector , decent working conditions for those working in the sector , stable markets , ensure the availability of resources and that supplies reach consumers at reasonable prices .


### 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 ;


### – ‘ stock’ means a marine biological resource with distinctive characteristics that occurs in a given management area ; ### – ‘ stock’ means a marine biological resource that occurs in a given management area ;


### member states may , after notifying the commission , exchange all or part of the fishing opportunities allocated to them . ### member states may , after notifying the commission , exchange all or part of the fishing opportunities allocated to them . the commission shall publish all such notifications . from 1 january 2015 the commission may propose quota swaps in order to facilitate the entry into force of the obligation to land all catches . the swaps must be based on a fair system in order to preserve overall relative stability .


### 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 .


### sustainable fisheries agreements with third countries shall establish a legal , economic and environmental governance framework for fishing activities carried out by union fishing vessels in third country waters . ### sustainable fisheries agreements with third countries shall establish a legal , economic , social and environmental governance framework for fishing activities carried out by union fishing vessels in third country waters .


### 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 must actively encourage and support effective measures for the recovery of stocks , the principles of the sustainability and ecological management of fish stocks , transparency in the processing of data and participation of the stakeholders in international fora dealing with fisheries , including regional fisheries management organisations in line with the objectives set out in articles 2 and 3 and the principles of good governance set out in article 4 . there is a need to further the implementation of international commitments , obligations and policy objectives and encourage their fulfilment .


### 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 .


### 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 .


### 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 .


### diversification and improvement of the quality of life in coastal and rural areas ; ### making aquaculture a contributor to the diversification and improvement of the economic performance , and to the improvement of the quality of life , in coastal and rural areas ;


### dialogue with stakeholders has proven essential for the achievement of the objectives of the common fisheries policy . taking into account the diverse conditions throughout union waters and increased regionalisation of the common fisheries policy , advisory councils should enable the common fisheries policy to benefit from the knowledge and experience of all stakeholders . ### dialogue with stakeholders has proven essential for the achievement of the objectives of the common fisheries policy . taking into account the diverse conditions throughout union waters and increased regionalisation of the common fisheries policy , advisory councils should enable the common fisheries policy to benefit from the knowledge and experience of all stakeholders , particularly in the drafting of the multiannual plans .


### union fishing vessels shall only catch surplus of the allowable catch determined by the third country as referred to in article 62 of the united nations convention on the law of the sea , and identified on the basis of the best available scientific advice and relevant information exchanged between the union and the third country concerned about the total fishing effort on the affected stocks , in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield . ### union fishing vessels shall only catch surplus of the allowable catch determined by the third country as referred to in article 62 , of the united nations convention on the law of the sea , and identified in a clear and transparent manner on the basis of the best available scientific advice and relevant information exchanged between the union and the third country concerned about the total fishing effort on the affected stocks by all fleets , in order to ensure that fishery resources remain .


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


### prohibitions of the use of certain fishing gears in certain areas or seasons ; ### restrictions on the use of certain fishing gears in certain areas or seasons ;


### member states shall ensure the national coordination of the collection and management of scientific data for fisheries management . to this end , they shall designate a national correspondent and organize an annual national coordination meeting . the commission shall be informed of the national coordination activities and be invited to the coordination meetings . ### member states shall ensure the national coordination of the collection and management of scientific data for fisheries management . to this end , they shall designate a national correspondent and organize an annual national coordination meeting . the commission and the european parliament shall be informed of the national coordination activities and be invited to the coordination meetings .


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


### union financial assistance towards member states shall be conditional upon compliance with the rules of the common fisheries policy by member states . ### union financial assistance towards member states shall be transparent and conditional upon compliance with the rules of the common fisheries policy by member states .


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


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


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


### non compliance by member states with the rules of the common fisheries policy may result in the interruption or suspension of payments or in the application of a financial correction to union financial assistance under the common fisheries policy . such measures shall be proportionate to the nature , extent , duration and repetition of the non compliance . ### non compliance by member states with the rules of the common fisheries policy shall result in the interruption or suspension of payments or in the application of a financial correction to union financial assistance under the common fisheries policy . such measures shall be proportionate to the nature , extent , duration and repetition of the non compliance .


### modifications or additional devices to reduce the incidental capture of endangered , threatened and protected species ; ### modifications or additional devices to reduce the incidental capture of endangered , threatened and protected species , as well as other unwanted catches ;


### clear definition of responsibilities at the union , national , regional and local levels ; ### clear definition of the responsibilities awarded to the union and recognition of those assigned to the national , regional , and local authorities in the member states , in line with the principle of subsidiarity ;


### fixing fishing opportunities ; ### fixing fishing opportunities as defined in article 16 ;


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


### sustainable exploitation of marine biological resources should be based on the precautionary approach , which is to be derived from the precautionary principle referred to in the first subparagraph of article 191 of the treaty . ### sustainable exploitation of marine biological resources should always be based on the precautionary approach , which is to be derived from the precautionary principle referred to in the first subparagraph of article 191 of the treaty , while always taking into account available scientific data .


### the common fisheries policy shall be guided by the following principles of good governance : ### the common fisheries policy shall apply the following principles of good governance :


### 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 .


### 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 .


### ‘ conservation reference point’ means values of fish stock population parameters used in fisheries management , for example with respect to an acceptable level of biological risk or a desired level of yield ; ### ‘ conservation reference point’ means any of the values or thresholds estimated for a stock using scientific procedures , which may relate to the biomass of individuals of reproductive age or to fishing mortality and which , when exceeded , trigger an alarm and a process of stock recovery or protection ;


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


### – ‘ precautionary approach to fisheries management’ means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non - target species and their environment ; ### – ' precautionary approach to fisheries management ' , in accordance with the definition set out in the 1995 un fish stocks agreement article 6 means that when scientific information is uncertain , unreliable or inadequate there is a need to be more cautious and the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non - target species and their environment ;


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


### member states should be able to adopt conservation measures and technical measures for the implementation of the common fisheries policy to allow for the policy to better address the realities and specificities of individual fisheries and to increase the adherence to the policy . ### member states should be able to adopt conservation measures and technical measures for the implementation of the common fisheries policy to allow for the policy to better address the realities and specificities of the various sea basins and individual fisheries and to increase the adherence to the policy .


### 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 .


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


### 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 .