# Official Journal C 351E/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.CE2013.351.eng |
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| Official Journal
  of the European Union | C 351E |
| | |
| English edition | Information and Notices | Volume 5630 November 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.CE2013.351.eng

Official Journal

of the European Union

C 351E

English edition

Information and Notices

Volume 5630 November 2013

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| Notice No | Contents | page |
| --- | --- | --- |
| | III   Preparatory acts |
| | COUNCIL |
| 2013/C 351E/01 | Position (EU) No 9/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002, (EC) No 639/2004 and Council Decision 2004/585/EC Adopted by the Council on 17 October 2013 | 1 |
| Council Statement on multi-annual plans | 45 |
| Statement by the European Parliament and by the Council on data collection | 45 |
| Statements by the Commission | 45 |
| 2013/C 351E/02 | Position (EU) No 10/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000Adopted by the Council on 17 October 2013 | 46 |
| Statement by the European Parliament and by the Council on control rules in the area of product traceability and consumer information | 72 |
| Statements by the Commission | 72 |

Notice No

Contents

page

III   Preparatory acts

COUNCIL

2013/C 351E/01

Position (EU) No 9/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002, (EC) No 639/2004 and Council Decision 2004/585/EC Adopted by the Council on 17 October 2013

1

Council Statement on multi-annual plans

45

Statement by the European Parliament and by the Council on data collection

45

Statements by the Commission

45

2013/C 351E/02

Position (EU) No 10/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000Adopted by the Council on 17 October 2013

46

Statement by the European Parliament and by the Council on control rules in the area of product traceability and consumer information

72

Statements by the Commission

72

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EN

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III Preparatory acts

COUNCIL

| 30.11.2013 | EN | Official Journal of the European Union | CE 351/1 |
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30.11.2013

EN

Official Journal of the European Union

CE 351/1

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POSITION (EU) No 9/2013 OF THE COUNCIL AT FIRST READING

with a view to the adoption of a Regulation of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002, (EC) No 639/2004 and Council Decision 2004/585/EC

Adopted by the Council on 17 October 2013

2013/C 351 E/01

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | Council Regulation (EC) No 2371/2002 (4) established a Community system for the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (CFP). |
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(1)

Council Regulation (EC) No 2371/2002 (4) established a Community system for the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (CFP).

| (2) | The scope of the CFP includes the conservation of marine biological resources and the management of fisheries targeting them. In addition, it includes, in relation to market measures and financial measures in support of its objectives, fresh water biological resources and aquaculture activities, as well as the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States or in Union waters, including by fishing vessels flying the flag of, and registered in, third countries, by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea of 10 December 1982 (5) (UNCLOS). |
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(2)

The scope of the CFP includes the conservation of marine biological resources and the management of fisheries targeting them. In addition, it includes, in relation to market measures and financial measures in support of its objectives, fresh water biological resources and aquaculture activities, as well as the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States or in Union waters, including by fishing vessels flying the flag of, and registered in, third countries, by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea of 10 December 1982 (5) (UNCLOS).

| (3) | Recreational fisheries can have a significant impact on fish resources and Member States should, therefore, ensure that they are conducted in a manner that is compatible with the objectives of the CFP. |
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(3)

Recreational fisheries can have a significant impact on fish resources and Member States should, therefore, ensure that they are conducted in a manner that is compatible with the objectives of the CFP.

| (4) | The CFP should ensure that fishing and aquaculture activities contribute to long-term environmental, economic, and social sustainability. It should include rules that aim to ensure the traceability, security and quality of products marketed in the Union. Furthermore, the CFP should contribute to increased productivity, to a fair standard of living for the fisheries sector including small-scale fisheries, and to stable markets, and it should ensure the availability of food supplies and that they reach consumers at reasonable prices. The CFP should contribute to the Europe 2020 Strategy for smart, sustainable and inclusive growth, and should help to achieve the objectives set out therein. |
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(4)

The CFP should ensure that fishing and aquaculture activities contribute to long-term environmental, economic, and social sustainability. It should include rules that aim to ensure the traceability, security and quality of products marketed in the Union. Furthermore, the CFP should contribute to increased productivity, to a fair standard of living for the fisheries sector including small-scale fisheries, and to stable markets, and it should ensure the availability of food supplies and that they reach consumers at reasonable prices. The CFP should contribute to the Europe 2020 Strategy for smart, sustainable and inclusive growth, and should help to achieve the objectives set out therein.

| (5) | The Union is a contracting party to UNCLOS (6) and, pursuant to Council Decision 98/414/EC (7), to the United Nations Agreement on 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 December 1995 (8) (UN Fish Stocks Agreement) and, pursuant to Council Decision 96/428/EC (9), to 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 (10). |
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(5)

The Union is a contracting party to UNCLOS (6) and, pursuant to Council Decision 98/414/EC (7), to the United Nations Agreement on 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 December 1995 (8) (UN Fish Stocks Agreement) and, pursuant to Council Decision 96/428/EC (9), to 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 (10).

| (6) | Those international instruments predominantly lay down conservation obligations, including 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 that 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 CFP should, therefore, contribute to the Union's implementation of its international obligations under those international instruments. Where Member States adopt conservation and management measures, for which they have been empowered within the framework of the CFP, they should also act in a manner which is fully consistent with the international obligations regarding conservation and cooperation under those international instruments. |
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(6)

Those international instruments predominantly lay down conservation obligations, including 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 that 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 CFP should, therefore, contribute to the Union's implementation of its international obligations under those international instruments. Where Member States adopt conservation and management measures, for which they have been empowered within the framework of the CFP, they should also act in a manner which is fully consistent with the international obligations regarding conservation and cooperation under those international instruments.

| (7) | At the World Summit on Sustainable Development at Johannesburg in 2002, the Union and its Member States committed themselves to act against the continued decline of many fish stocks. Therefore, the Union should improve the CFP by adapting exploitation rates so as to ensure that, within a reasonable time-frame, the exploitation of marine biological resources restores and maintains populations of harvested stocks above levels that can produce the maximum sustainable yield. The exploitation rates should be achieved by 2015. Achieving those exploitation rates by a later date should be allowed only if achieving them by 2015 would seriously jeopardise the social and economic sustainability of the fishing fleets involved. After 2015, those rates should be achieved as soon as possible and in any event no later than 2020. Where scientific information is insufficient to determine those levels, approximative parameters may be considered. |
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(7)

At the World Summit on Sustainable Development at Johannesburg in 2002, the Union and its Member States committed themselves to act against the continued decline of many fish stocks. Therefore, the Union should improve the CFP by adapting exploitation rates so as to ensure that, within a reasonable time-frame, the exploitation of marine biological resources restores and maintains populations of harvested stocks above levels that can produce the maximum sustainable yield. The exploitation rates should be achieved by 2015. Achieving those exploitation rates by a later date should be allowed only if achieving them by 2015 would seriously jeopardise the social and economic sustainability of the fishing fleets involved. After 2015, those rates should be achieved as soon as possible and in any event no later than 2020. Where scientific information is insufficient to determine those levels, approximative parameters may be considered.

| (8) | Management decisions relating to maximum sustainable yield in mixed fisheries should take into account the difficulty of fishing all stocks in a mixed fishery at maximum sustainable yield at the same time, in particular where scientific advice indicates that it is very difficult to avoid the phenomenon of ‘choke species’ by increasing the selectivity of the fishing gears used. Appropriate scientific bodies should be requested to provide advice on the appropriate fishing mortality levels in such circumstances. |
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(8)

Management decisions relating to maximum sustainable yield in mixed fisheries should take into account the difficulty of fishing all stocks in a mixed fishery at maximum sustainable yield at the same time, in particular where scientific advice indicates that it is very difficult to avoid the phenomenon of ‘choke species’ by increasing the selectivity of the fishing gears used. Appropriate scientific bodies should be requested to provide advice on the appropriate fishing mortality levels in such circumstances.

| (9) | The CFP should ensure coherence with the fisheries targets laid down in the Decision by the Conference of the Parties to the Convention on Biological Diversity on the Strategic Plan for Biodiversity 2011 – 2020, and with the biodiversity targets adopted by the European Council of 25 and 26 March 2010. |
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(9)

The CFP should ensure coherence with the fisheries targets laid down in the Decision by the Conference of the Parties to the Convention on Biological Diversity on the Strategic Plan for Biodiversity 2011 – 2020, and with the biodiversity targets adopted by the European Council of 25 and 26 March 2010.

| (10) | Sustainable exploitation of marine biological resources should be based on the precautionary approach, which derives from the precautionary principle referred to in the first subparagraph of Article 191(2) of the Treaty, taking into account available scientific data. |
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(10)

Sustainable exploitation of marine biological resources should be based on the precautionary approach, which derives from the precautionary principle referred to in the first subparagraph of Article 191(2) of the Treaty, taking into account available scientific data.

| (11) | The CFP should contribute to the protection of the marine environment, to the sustainable management of all commercially exploited species, and in particular to the achievement of good environmental status by 2020, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council (11). |
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(11)

The CFP should contribute to the protection of the marine environment, to the sustainable management of all commercially exploited species, and in particular to the achievement of good environmental status by 2020, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council (11).

| (12) | The CFP should also contribute to the supplying of highly nutritional food to the Union market and to reducing the Union market's dependence on food imports. It should also foster direct and indirect job creation and economic development in coastal areas. |
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(12)

The CFP should also contribute to the supplying of highly nutritional food to the Union market and to reducing the Union market's dependence on food imports. It should also foster direct and indirect job creation and economic development in coastal areas.

| (13) | An ecosystem-based approach to fisheries management needs to be implemented, environmental impacts of fishing activities should be limited and unwanted catches should be avoided and reduced as far as possible. |
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(13)

An ecosystem-based approach to fisheries management needs to be implemented, environmental impacts of fishing activities should be limited and unwanted catches should be avoided and reduced as far as possible.

| (14) | It is important for the management of the CFP to be guided by principles of good governance. Those principles include decision-making based on best available scientific advice, broad stakeholder involvement and a long-term perspective. The successful management of the CFP also depends on a clear definition of responsibilities at Union, regional, national and local levels and on the mutual compatibility of the measures taken and their consistency with other Union policies. |
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(14)

It is important for the management of the CFP to be guided by principles of good governance. Those principles include decision-making based on best available scientific advice, broad stakeholder involvement and a long-term perspective. The successful management of the CFP also depends on a clear definition of responsibilities at Union, regional, national and local levels and on the mutual compatibility of the measures taken and their consistency with other Union policies.

| (15) | The CFP should contribute to the improvement of safety and working conditions for fishing operators. |
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(15)

The CFP should contribute to the improvement of safety and working conditions for fishing operators.

| (16) | The CFP should pay full regard, where relevant, to animal health, animal welfare, food and feed safety. |
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(16)

The CFP should pay full regard, where relevant, to animal health, animal welfare, food and feed safety.

| (17) | Since all matters related to Europe's oceans and seas are interlinked, the CFP should be implemented in a way that is consistent with other Union policies and, in particular, that takes into account interactions with Union actions in other maritime policy areas. Coherence should be ensured in the management of different sectoral policies within the Baltic Sea, North Sea, Celtic seas, Bay of Biscay and the Iberian Coast, Mediterranean and Black Sea sea basins. |
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(17)

Since all matters related to Europe's oceans and seas are interlinked, the CFP should be implemented in a way that is consistent with other Union policies and, in particular, that takes into account interactions with Union actions in other maritime policy areas. Coherence should be ensured in the management of different sectoral policies within the Baltic Sea, North Sea, Celtic seas, Bay of Biscay and the Iberian Coast, Mediterranean and Black Sea sea basins.

| (18) | Union fishing vessels should have equal access to Union waters and resources subject to the rules of the CFP. |
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(18)

Union fishing vessels should have equal access to Union waters and resources subject to the rules of the CFP.

| (19) | Existing rules 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 the traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent. Those rules should therefore continue to apply. Member States should endeavour to give preferential access for small-scale, artisanal or coastal fishermen. |
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(19)

Existing rules 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 the traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent. Those rules should therefore continue to apply. Member States should endeavour to give preferential access for small-scale, artisanal or coastal fishermen.

| (20) | Small offshore islands which are dependent on fishing should, where appropriate, be especially recognised and supported in order to enable them to survive and prosper. |
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(20)

Small offshore islands which are dependent on fishing should, where appropriate, be especially recognised and supported in order to enable them to survive and prosper.

| (21) | Marine biological resources around the Union outermost regions referred to in the first paragraph of Article 349 of the Treaty should be especially protected since they contribute to the preservation of the local economy of those territories, having regard to their structural, social and economic situation. Certain fishing activities in those waters should therefore be limited to fishing vessels registered in the ports of those territories. |
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(21)

Marine biological resources around the Union outermost regions referred to in the first paragraph of Article 349 of the Treaty should be especially protected since they contribute to the preservation of the local economy of those territories, having regard to their structural, social and economic situation. Certain fishing activities in those waters should therefore be limited to fishing vessels registered in the ports of those territories.

| (22) | In order to contribute to the conservation of living aquatic resources and marine ecosystems, the Union should endeavour to protect areas that are biologically sensitive, by designating them as protected areas. In such areas, it should be possible to restrict or to prohibit fishing activities. When deciding which areas to designate, particular attention should be paid to those in which there is clear evidence of heavy concentrations of fish below minimum conservation reference size and of spawning grounds, and to areas which are deemed to be bio-geographically sensitive. Account should also be taken of existing conservation areas. In order to facilitate the designation process, Member States should identify suitable areas, including areas that form part of a coherent network, and, where appropriate, should cooperate with one another, preparing and sending joint recommendations to the Commission. In order to establish protected areas more effectively, it should be possible for the Commission to be empowered to establish them in a multiannual plan. In order to ensure a suitable level of democratic accountability and control, the Commission should regularly report to the European Parliament and to the Council on the functioning of those protected areas. |
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(22)

In order to contribute to the conservation of living aquatic resources and marine ecosystems, the Union should endeavour to protect areas that are biologically sensitive, by designating them as protected areas. In such areas, it should be possible to restrict or to prohibit fishing activities. When deciding which areas to designate, particular attention should be paid to those in which there is clear evidence of heavy concentrations of fish below minimum conservation reference size and of spawning grounds, and to areas which are deemed to be bio-geographically sensitive. Account should also be taken of existing conservation areas. In order to facilitate the designation process, Member States should identify suitable areas, including areas that form part of a coherent network, and, where appropriate, should cooperate with one another, preparing and sending joint recommendations to the Commission. In order to establish protected areas more effectively, it should be possible for the Commission to be empowered to establish them in a multiannual plan. In order to ensure a suitable level of democratic accountability and control, the Commission should regularly report to the European Parliament and to the Council on the functioning of those protected areas.

| (23) | The objective of sustainable exploitation of marine biological resources is more effectively achieved through a multiannual approach to fisheries management, establishing as a priority multiannual plans reflecting the specificities of different fisheries. |
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(23)

The objective of sustainable exploitation of marine biological resources is more effectively achieved through a multiannual approach to fisheries management, establishing as a priority multiannual plans reflecting the specificities of different fisheries.

| (24) | Multiannual plans should, where possible, cover multiple stocks where those stocks are jointly exploited. The multiannual plans should establish the framework for the sustainable exploitation of stocks and marine ecosystems concerned, defining clear time-frames and safeguard mechanisms for unforeseen developments. Multiannual plans should also be governed by clearly defined management objectives in order to contribute to the sustainable exploitation of the stocks and to the protection of the marine ecosystems concerned. Those plans should be adopted in consultation with Advisory Councils, operators in the fishing industry, scientists and other stakeholders having an interest in fisheries management. |
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(24)

Multiannual plans should, where possible, cover multiple stocks where those stocks are jointly exploited. The multiannual plans should establish the framework for the sustainable exploitation of stocks and marine ecosystems concerned, defining clear time-frames and safeguard mechanisms for unforeseen developments. Multiannual plans should also be governed by clearly defined management objectives in order to contribute to the sustainable exploitation of the stocks and to the protection of the marine ecosystems concerned. Those plans should be adopted in consultation with Advisory Councils, operators in the fishing industry, scientists and other stakeholders having an interest in fisheries management.

| (25) | Directive 2009/147/EC of the European Parliament and of the Council (12), Council Directive 92/43/EEC (13) and Directive 2008/56/EC impose certain obligations on Member States as regards special protection areas, special areas of conservation and marine protected areas, respectively. Such measures might require the adoption of measures falling under the CFP. It is, therefore, appropriate to authorise Member States to adopt, in the waters under their sovereignty or jurisdiction, such conservation measures that are necessary to comply with their obligations under those Union acts where such measures do not affect the fisheries interests of other Member States. Where such measures might affect fisheries interests of other Member States, the power to adopt such measures should be granted to the Commission and recourse should be had to regional cooperation among the Member States concerned. |
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(25)

Directive 2009/147/EC of the European Parliament and of the Council (12), Council Directive 92/43/EEC (13) and Directive 2008/56/EC impose certain obligations on Member States as regards special protection areas, special areas of conservation and marine protected areas, respectively. Such measures might require the adoption of measures falling under the CFP. It is, therefore, appropriate to authorise Member States to adopt, in the waters under their sovereignty or jurisdiction, such conservation measures that are necessary to comply with their obligations under those Union acts where such measures do not affect the fisheries interests of other Member States. Where such measures might affect fisheries interests of other Member States, the power to adopt such measures should be granted to the Commission and recourse should be had to regional cooperation among the Member States concerned.

| (26) | Measures are needed to reduce the current high levels of unwanted catches and to gradually eliminate discards. Unwanted catches and discards constitute a substantial waste and negatively affect the sustainable exploitation of marine biological resources and marine ecosystems and the financial viability of fisheries. An obligation to land all catches (‘the landing obligation’) of species which are subject to catch limits and, in the Mediterranean Sea, also catches of species which are subject to minimum sizes, made during fishing activities in Union waters or by Union fishing vessels should be established and gradually implemented and rules that have so far obliged fishermen to discard should be repealed. |
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(26)

Measures are needed to reduce the current high levels of unwanted catches and to gradually eliminate discards. Unwanted catches and discards constitute a substantial waste and negatively affect the sustainable exploitation of marine biological resources and marine ecosystems and the financial viability of fisheries. An obligation to land all catches (‘the landing obligation’) of species which are subject to catch limits and, in the Mediterranean Sea, also catches of species which are subject to minimum sizes, made during fishing activities in Union waters or by Union fishing vessels should be established and gradually implemented and rules that have so far obliged fishermen to discard should be repealed.

| (27) | The landing obligation should be introduced on a fishery-by-fishery basis. Fishermen should be allowed to continue discarding species which, according to the best available scientific advice, have a high survival rate when released into the sea. |
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(27)

The landing obligation should be introduced on a fishery-by-fishery basis. Fishermen should be allowed to continue discarding species which, according to the best available scientific advice, have a high survival rate when released into the sea.

| (28) | In order to make the landing obligation workable and to mitigate the effect of varying yearly catch compositions, Member States should be allowed to transfer quotas between years, up to a certain percentage. |
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(28)

In order to make the landing obligation workable and to mitigate the effect of varying yearly catch compositions, Member States should be allowed to transfer quotas between years, up to a certain percentage.

| (29) | In the management of the landing obligation, it is necessary that Member States do their utmost to reduce unwanted catches. To this end, improvements of selective fishing techniques to avoid and reduce, as far as possible, unwanted catches must have high priority. It is important for Member States to distribute quotas between vessels in a mix that reflects as far as possible the expected composition of species in the fisheries. In the event of a mismatch between available quotas and actual fishing pattern, Member States should consider adjustments through quota swaps with other Member States, including on a permanent basis. Member States should also consider facilitating the pooling by vessel owners of individual quotas, for example at the level of producer organisations or groups of vessel owners. Ultimately, Member States should consider counting by-catch species against the quota of the target species, depending on the conservation status of the by-catch species. |
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(29)

In the management of the landing obligation, it is necessary that Member States do their utmost to reduce unwanted catches. To this end, improvements of selective fishing techniques to avoid and reduce, as far as possible, unwanted catches must have high priority. It is important for Member States to distribute quotas between vessels in a mix that reflects as far as possible the expected composition of species in the fisheries. In the event of a mismatch between available quotas and actual fishing pattern, Member States should consider adjustments through quota swaps with other Member States, including on a permanent basis. Member States should also consider facilitating the pooling by vessel owners of individual quotas, for example at the level of producer organisations or groups of vessel owners. Ultimately, Member States should consider counting by-catch species against the quota of the target species, depending on the conservation status of the by-catch species.

| (30) | The destination of landings of catches of fish under the minimum conservation reference size should be limited and should exclude sale for human consumption. |
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(30)

The destination of landings of catches of fish under the minimum conservation reference size should be limited and should exclude sale for human consumption.

| (31) | In order to cater for unwanted catches that are unavoidable even when all the measures for their reduction are applied, certain de minimis exemptions from the landing obligation should be established for the fisheries to which the landing obligation applies, primarily through multiannual plans. |
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(31)

In order to cater for unwanted catches that are unavoidable even when all the measures for their reduction are applied, certain de minimis exemptions from the landing obligation should be established for the fisheries to which the landing obligation applies, primarily through multiannual plans.

| (32) | Subject to scientific advice and without jeopardising the objectives of maximum sustainable yield or increasing fishing mortality, where the landing obligation, including the obligation to document catches, applies, an increase of related fishing opportunities should be possible, in order to take into account the fact that fish previously discarded will be landed. |
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(32)

Subject to scientific advice and without jeopardising the objectives of maximum sustainable yield or increasing fishing mortality, where the landing obligation, including the obligation to document catches, applies, an increase of related fishing opportunities should be possible, in order to take into account the fact that fish previously discarded will be landed.

| (33) | Access to a fishery should be based on transparent and objective criteria including those of an environmental, social and economic nature. Member States should promote responsible fishing by providing incentives to those operators who fish in the least environmentally damaging way and who provide the greatest benefits for society. |
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(33)

Access to a fishery should be based on transparent and objective criteria including those of an environmental, social and economic nature. Member States should promote responsible fishing by providing incentives to those operators who fish in the least environmentally damaging way and who provide the greatest benefits for society.

| (34) | For stocks for which no multiannual plan has been established, exploitation rates delivering maximum sustainable yield should be ensured by setting catch or fishing effort limits. If available data is insufficient, fisheries should be managed by using approximative parameters. |
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(34)

For stocks for which no multiannual plan has been established, exploitation rates delivering maximum sustainable yield should be ensured by setting catch or fishing effort limits. If available data is insufficient, fisheries should be managed by using approximative parameters.

| (35) | In view of the precarious economic state of the fishing industry and the dependence of certain coastal communities on fishing, it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among Member States, based on a predictable share of the stocks for each Member State. |
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(35)

In view of the precarious economic state of the fishing industry and the dependence of certain coastal communities on fishing, it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among Member States, based on a predictable share of the stocks for each Member State.

| (36) | Such relative stability of fishing activities, given the temporary biological situation of stocks, should safeguard and take full account of the particular needs of regions where local communities are especially dependent on fisheries and related activities, as decided by the Council in its Resolution of 3 November 1976 (14), and in particular Annex VII thereto. |
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(36)

Such relative stability of fishing activities, given the temporary biological situation of stocks, should safeguard and take full account of the particular needs of regions where local communities are especially dependent on fisheries and related activities, as decided by the Council in its Resolution of 3 November 1976 (14), and in particular Annex VII thereto.

| (37) | Therefore, it is in this sense that the concept of relative stability should be understood. |
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(37)

Therefore, it is in this sense that the concept of relative stability should be understood.

| (38) | The Commission should be authorised to adopt temporary measures in the event of a serious threat, requiring immediate action, to the conservation of marine biological resources or to the marine ecosystem resulting from fishing activities. Those measures should be established within defined time-frames and should be operational for a fixed period of time. |
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(38)

The Commission should be authorised to adopt temporary measures in the event of a serious threat, requiring immediate action, to the conservation of marine biological resources or to the marine ecosystem resulting from fishing activities. Those measures should be established within defined time-frames and should be operational for a fixed period of time.

| (39) | Member States should cooperate at regional level in order to adopt joint recommendations and other instruments for the development and implementation of conservation measures and measures affecting fishing activity in areas protected by environmental law. In the framework of regional cooperation, the Commission should only adopt conservation measures through implementing acts or delegated acts where all Member States concerned in a region agree on a joint recommendation. In the absence of a joint recommendation, the Commission should submit a proposal for the relevant measures pursuant to the Treaty. |
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(39)

Member States should cooperate at regional level in order to adopt joint recommendations and other instruments for the development and implementation of conservation measures and measures affecting fishing activity in areas protected by environmental law. In the framework of regional cooperation, the Commission should only adopt conservation measures through implementing acts or delegated acts where all Member States concerned in a region agree on a joint recommendation. In the absence of a joint recommendation, the Commission should submit a proposal for the relevant measures pursuant to the Treaty.

| (40) | Member States should be empowered to adopt conservation and management measures for stocks in Union waters applicable solely to Union fishing vessels flying their flag. |
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(40)

Member States should be empowered to adopt conservation and management measures for stocks in Union waters applicable solely to Union fishing vessels flying their flag.

| (41) | In their 12 nautical mile zones, Member States should be empowered to adopt conservation and management measures applicable to all Union fishing vessels, provided that, where such measures apply to Union fishing vessels from other Member States, they are non-discriminatory, prior consultation of other Member States concerned has taken place and the Union has not adopted measures specifically addressing conservation and management within the 12 nautical mile zone concerned. |
| --- | --- |

(41)

In their 12 nautical mile zones, Member States should be empowered to adopt conservation and management measures applicable to all Union fishing vessels, provided that, where such measures apply to Union fishing vessels from other Member States, they are non-discriminatory, prior consultation of other Member States concerned has taken place and the Union has not adopted measures specifically addressing conservation and management within the 12 nautical mile zone concerned.

| (42) | Member States should be able to introduce a system of transferable fishing concessions. |
| --- | --- |

(42)

Member States should be able to introduce a system of transferable fishing concessions.

| (43) | Member States should take specific measures to align the number of Union fishing vessels with available resources, based on their assessments of the balance between the fishing capacity of their fleets and the fishing opportunities available to them. The assessments should be made in accordance with Commission guidelines and be presented in an annual report to be transmitted to the Commission. Those reports should be made public. Each Member State should be able to choose the measures and instruments which it wishes to adopt in order to reduce excessive fishing capacity. |
| --- | --- |

(43)

Member States should take specific measures to align the number of Union fishing vessels with available resources, based on their assessments of the balance between the fishing capacity of their fleets and the fishing opportunities available to them. The assessments should be made in accordance with Commission guidelines and be presented in an annual report to be transmitted to the Commission. Those reports should be made public. Each Member State should be able to choose the measures and instruments which it wishes to adopt in order to reduce excessive fishing capacity.

| (44) | In addition, compulsory maximum fleet capacity ceilings and national entry/exit schemes in relation to decommissioning funding should be maintained for the purpose of managing and adjusting fishing capacity. |
| --- | --- |

(44)

In addition, compulsory maximum fleet capacity ceilings and national entry/exit schemes in relation to decommissioning funding should be maintained for the purpose of managing and adjusting fishing capacity.

| (45) | Member States should record the minimum information on characteristics and activities of Union fishing vessels flying their flag. Those records should be made available to the Commission for the purpose of monitoring the size of Member States' fleets. |
| --- | --- |

(45)

Member States should record the minimum information on characteristics and activities of Union fishing vessels flying their flag. Those records should be made available to the Commission for the purpose of monitoring the size of Member States' fleets.

| (46) | 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 and survey information on fish stocks and on the potential environmental impact of fishing activities on the marine ecosystem. Member States should manage and make the collected data available to end-users and to other interested parties. Member States should cooperate with each other and with the Commission to coordinate data collection activities. Where relevant, Member States should also cooperate with third countries regarding data collection. Member States should provide the Commission, for its assessment, with an annual report on their data collection activities, which shall be made public. |
| --- | --- |

(46)

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 and survey information on fish stocks and on the potential environmental impact of fishing activities on the marine ecosystem. Member States should manage and make the collected data available to end-users and to other interested parties. Member States should cooperate with each other and with the Commission to coordinate data collection activities. Where relevant, Member States should also cooperate with third countries regarding data collection. Member States should provide the Commission, for its assessment, with an annual report on their data collection activities, which shall be made public.

| (47) | Data collection should include data which facilitate the economic assessment of undertakings active in the fisheries sector, in aquaculture and in the processing of fisheries and aquaculture products and of employment trends in those industries. |
| --- | --- |

(47)

Data collection should include data which facilitate the economic assessment of undertakings active in the fisheries sector, in aquaculture and in the processing of fisheries and aquaculture products and of employment trends in those industries.

| (48) | The Scientific, Technical and Economic Committee for Fisheries (STECF), as established by Commission Decision 93/619/EC (15), may be consulted on matters pertaining to the conservation and management of marine biological resources in order to ensure the required assistance of highly qualified scientific personnel, particularly in the application of biological, economic, environmental, social and technical disciplines. |
| --- | --- |

(48)

The Scientific, Technical and Economic Committee for Fisheries (STECF), as established by Commission Decision 93/619/EC (15), may be consulted on matters pertaining to the conservation and management of marine biological resources in order to ensure the required assistance of highly qualified scientific personnel, particularly in the application of biological, economic, environmental, social and technical disciplines.

| (49) | Policy-oriented fisheries science should be reinforced by means of nationally-adopted fisheries scientific data collection, research and innovation programmes implemented in coordination with other Member States and within Union research and innovation frameworks. Better cooperation between industry and scientists should also be fostered. |
| --- | --- |

(49)

Policy-oriented fisheries science should be reinforced by means of nationally-adopted fisheries scientific data collection, research and innovation programmes implemented in coordination with other Member States and within Union research and innovation frameworks. Better cooperation between industry and scientists should also be fostered.

| (50) | The Union should promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law, and promoting a level–playing field for Union operators and third-country operators. To this end, the Union should seek to lead the process of strengthening the performance of regional and international organisations in order to better enable them to conserve and manage marine living resources under their purview, including combating illegal, unreported and unregulated (IUU) fishing. The Union should cooperate with third countries and international organisations for the purpose of improving compliance with international measures, including combating IUU. The position of the Union should be based on the best available scientific advice. |
| --- | --- |

(50)

The Union should promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law, and promoting a level–playing field for Union operators and third-country operators. To this end, the Union should seek to lead the process of strengthening the performance of regional and international organisations in order to better enable them to conserve and manage marine living resources under their purview, including combating illegal, unreported and unregulated (IUU) fishing. The Union should cooperate with third countries and international organisations for the purpose of improving compliance with international measures, including combating IUU. The position of the Union should be based on the best available scientific advice.

| (51) | Sustainable fisheries partnership agreements with third countries should ensure that Union fishing activities in third country waters are based on the best available scientific advice and relevant information exchange, ensuring a sustainable exploitation of the marine biological resources, transparency as regards the determination of the surplus and, consequently, a management of the resources that is consistent with the objectives of the CFP. Those agreements, which provide for access to resources commensurate with the interests of the Union fleet in exchange for a financial contribution from the Union, should contribute to the establishment of a high quality governance framework to ensure, in particular, efficient data collection, monitoring, control and surveillance measures. |
| --- | --- |

(51)

Sustainable fisheries partnership agreements with third countries should ensure that Union fishing activities in third country waters are based on the best available scientific advice and relevant information exchange, ensuring a sustainable exploitation of the marine biological resources, transparency as regards the determination of the surplus and, consequently, a management of the resources that is consistent with the objectives of the CFP. Those agreements, which provide for access to resources commensurate with the interests of the Union fleet in exchange for a financial contribution from the Union, should contribute to the establishment of a high quality governance framework to ensure, in particular, efficient data collection, monitoring, control and surveillance measures.

| (52) | Respect for democratic principles and human rights, as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments, and for the principle of the rule of law, should constitute an essential element of sustainable fisheries partnership agreements, which should contain a specific human rights clause. The introduction of a human rights clause in sustainable fisheries partnership agreements should be fully consistent with the overall Union development policy objectives. |
| --- | --- |

(52)

Respect for democratic principles and human rights, as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments, and for the principle of the rule of law, should constitute an essential element of sustainable fisheries partnership agreements, which should contain a specific human rights clause. The introduction of a human rights clause in sustainable fisheries partnership agreements should be fully consistent with the overall Union development policy objectives.

| (53) | Aquaculture should contribute to the preservation of the food production potential on a sustainable basis throughout the Union so as to guarantee long-term food security, including food supplies, as well as growth and employment for Union citizens, and to contribute to meeting the growing world demand for aquatic food. |
| --- | --- |

(53)

Aquaculture should contribute to the preservation of the food production potential on a sustainable basis throughout the Union so as to guarantee long-term food security, including food supplies, as well as growth and employment for Union citizens, and to contribute to meeting the growing world demand for aquatic food.

| (54) | The Commission's Strategy for the Sustainable Development of European Aquaculture adopted in 2009, which was welcomed and endorsed by the Council and welcomed by the European Parliament, noted the need for the creation and promotion of a level-playing field for aquaculture as the basis for its sustainable development. |
| --- | --- |

(54)

The Commission's Strategy for the Sustainable Development of European Aquaculture adopted in 2009, which was welcomed and endorsed by the Council and welcomed by the European Parliament, noted the need for the creation and promotion of a level-playing field for aquaculture as the basis for its sustainable development.

| (55) | Aquaculture activities in the Union are influenced by different conditions across national borders, including as regards authorisations for the operators. Therefore, Union strategic guidelines for national strategic plans should be developed to improve the competitiveness of the aquaculture industry, supporting its development and innovation, and encouraging economic activity, diversification and improving the quality of life in coastal and inland areas. Furthermore, mechanisms should be introduced for the exchange between Member States of information and best practices through an open method of coordination of national measures concerning business security, access to Union waters and space, and the simplification of licensing procedures. |
| --- | --- |

(55)

Aquaculture activities in the Union are influenced by different conditions across national borders, including as regards authorisations for the operators. Therefore, Union strategic guidelines for national strategic plans should be developed to improve the competitiveness of the aquaculture industry, supporting its development and innovation, and encouraging economic activity, diversification and improving the quality of life in coastal and inland areas. Furthermore, mechanisms should be introduced for the exchange between Member States of information and best practices through an open method of coordination of national measures concerning business security, access to Union waters and space, and the simplification of licensing procedures.

| (56) | The specific nature of aquaculture requires an Advisory Council for stakeholder consultation on elements of Union policies which could affect aquaculture. |
| --- | --- |

(56)

The specific nature of aquaculture requires an Advisory Council for stakeholder consultation on elements of Union policies which could affect aquaculture.

| (57) | There is a need to strengthen the competitiveness of the Union fishery and aquaculture sector, and for simplification in support of better management of its production and marketing activities. The common market organisation for fishery and aquaculture products should ensure a level-playing field for all fishery and aquaculture products marketed in the Union regardless of their origin, should enable consumers to make better informed choices and support responsible consumption, and should improve the economic knowledge and understanding of the Union markets along the supply chain. |
| --- | --- |

(57)

There is a need to strengthen the competitiveness of the Union fishery and aquaculture sector, and for simplification in support of better management of its production and marketing activities. The common market organisation for fishery and aquaculture products should ensure a level-playing field for all fishery and aquaculture products marketed in the Union regardless of their origin, should enable consumers to make better informed choices and support responsible consumption, and should improve the economic knowledge and understanding of the Union markets along the supply chain.

| (58) | The common market organisation should be implemented in compliance with international commitments of the Union, in particular with regard to the provisions of the World Trade Organisation. |
| --- | --- |

(58)

The common market organisation should be implemented in compliance with international commitments of the Union, in particular with regard to the provisions of the World Trade Organisation.

| (59) | In order to ensure compliance with the rules of the CFP, an effective system of control, inspection and enforcement should be established, that includes the fight against IUU fishing activities. |
| --- | --- |

(59)

In order to ensure compliance with the rules of the CFP, an effective system of control, inspection and enforcement should be established, that includes the fight against IUU fishing activities.

| (60) | The use of modern and effective technologies should be promoted in the framework of the Union system for control, inspection, and enforcement. Member States and the Commission should have the possibility to conduct pilot projects on new control technologies and data management systems. |
| --- | --- |

(60)

The use of modern and effective technologies should be promoted in the framework of the Union system for control, inspection, and enforcement. Member States and the Commission should have the possibility to conduct pilot projects on new control technologies and data management systems.

| (61) | In order to ensure that the conditions in different Member States for the application of control and enforcement rules are comparable, cooperation between Member States on identifying effective, proportionate and dissuasive penalties should be encouraged. |
| --- | --- |

(61)

In order to ensure that the conditions in different Member States for the application of control and enforcement rules are comparable, cooperation between Member States on identifying effective, proportionate and dissuasive penalties should be encouraged.

| (62) | In order to ensure the involvement of operators in the Union data collection and in the Union system for control, inspection, and enforcement, Member States should be able to require their operators to contribute proportionally to the corresponding operational costs. |
| --- | --- |

(62)

In order to ensure the involvement of operators in the Union data collection and in the Union system for control, inspection, and enforcement, Member States should be able to require their operators to contribute proportionally to the corresponding operational costs.

| (63) | The objectives of the CFP cannot be sufficiently achieved by Member States alone, given the problems encountered in the development of the fishing industry and its management, and the limits on the financial resources of the Member States. Therefore, to contribute to the achievement of those objectives, multiannual Union financial assistance should be granted that is focused on the priorities of the CFP and tailored to the specific features of the fishing industry in individual Member States. |
| --- | --- |

(63)

The objectives of the CFP cannot be sufficiently achieved by Member States alone, given the problems encountered in the development of the fishing industry and its management, and the limits on the financial resources of the Member States. Therefore, to contribute to the achievement of those objectives, multiannual Union financial assistance should be granted that is focused on the priorities of the CFP and tailored to the specific features of the fishing industry in individual Member States.

| (64) | Union financial assistance should be made conditional upon compliance by Member States and operators, including vessel owners, with the rules of the CFP. Subject to specific rules to be adopted, Union financial assistance should be interrupted, suspended or corrected in cases of non-compliance with a specific obligation of the CFP by a Member State or a serious infringement of those rules by an operator. |
| --- | --- |

(64)

Union financial assistance should be made conditional upon compliance by Member States and operators, including vessel owners, with the rules of the CFP. Subject to specific rules to be adopted, Union financial assistance should be interrupted, suspended or corrected in cases of non-compliance with a specific obligation of the CFP by a Member State or a serious infringement of those rules by an operator.

| (65) | Dialogue with stakeholders has proven to be essential for achieving the objectives of the CFP. Taking into account the diverse conditions throughout Union waters and the increased regionalisation of the CFP, Advisory Councils should enable the CFP to benefit from the knowledge and experience of all stakeholders. |
| --- | --- |

(65)

Dialogue with stakeholders has proven to be essential for achieving the objectives of the CFP. Taking into account the diverse conditions throughout Union waters and the increased regionalisation of the CFP, Advisory Councils should enable the CFP to benefit from the knowledge and experience of all stakeholders.

| (66) | In view of the special characteristics of the outermost regions, of aquaculture, of markets and of the Black Sea, it is appropriate to establish a new Advisory Council for each of them. |
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(66)

In view of the special characteristics of the outermost regions, of aquaculture, of markets and of the Black Sea, it is appropriate to establish a new Advisory Council for each of them.

| (67) | The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the adoption of conservation measures accompanying certain environmental obligations by Member States, the adapting of the landing obligation for the purpose of complying with the Union's international obligations, the extension of the landing obligation to other species using the regionalisation process, the adoption of specific discard plans using the regionalisation process, the adoption of de minimis exemptions to the landing obligation if no other implementation measure for that obligation has been adopted, and the establishment of detailed rules for the functioning of Advisory Councils. |
| --- | --- |

(67)

The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the adoption of conservation measures accompanying certain environmental obligations by Member States, the adapting of the landing obligation for the purpose of complying with the Union's international obligations, the extension of the landing obligation to other species using the regionalisation process, the adoption of specific discard plans using the regionalisation process, the adoption of de minimis exemptions to the landing obligation if no other implementation measure for that obligation has been adopted, and the establishment of detailed rules for the functioning of Advisory Councils.

| (68) | It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. |
| --- | --- |

(68)

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

| (69) | The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
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(69)

The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

| (70) | In order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of temporary measures to alleviate a serious threat to the conservation of marine biological resources, of the entry-exit scheme in fleet management and of the recording, format and transmission of data for the Union fishing fleet register, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (16). |
| --- | --- |

(70)

In order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of temporary measures to alleviate a serious threat to the conservation of marine biological resources, of the entry-exit scheme in fleet management and of the recording, format and transmission of data for the Union fishing fleet register, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (16).

| (71) | In accordance with the principle of proportionality, as set out in Article 5 of the Treaty on European Union, this Regulation does not go beyond what is necessary to achieve its objectives. |
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(71)

In accordance with the principle of proportionality, as set out in Article 5 of the Treaty on European Union, this Regulation does not go beyond what is necessary to achieve its objectives.

| (72) | Council Decision 2004/585/EC (17) should be repealed upon entry in force of the corresponding rules pursuant to this Regulation. |
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(72)

Council Decision 2004/585/EC (17) should be repealed upon entry in force of the corresponding rules pursuant to this Regulation.

| (73) | By reason of the number and importance of the amendments to be made, Regulation (EC) No 2371/2002 should be repealed, |
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(73)

By reason of the number and importance of the amendments to be made, Regulation (EC) No 2371/2002 should be repealed,

HAVE ADOPTED THIS REGULATION:

PART I

GENERAL PROVISIONS

Article 1

Scope

1.   The Common Fisheries Policy (CFP) shall cover:

| (a) | the conservation of marine biological resources and the management of fisheries and fleets exploiting such resources; |
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(a)

the conservation of marine biological resources and the management of fisheries and fleets exploiting such resources;

| (b) | in relation to measures on markets and financial measures in support of the implementation of the CFP: fresh water biological resources, aquaculture, and the processing and marketing of fisheries and aquaculture products. |
| --- | --- |

(b)

in relation to measures on markets and financial measures in support of the implementation of the CFP: fresh water biological resources, aquaculture, and the processing and marketing of fisheries and aquaculture products.

2.   The CFP shall cover the activities referred to in paragraph 1 where they are carried out:

| (a) | on the territory of Member States to which the Treaty applies; |
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(a)

on the territory of Member States to which the Treaty applies;

| (b) | in Union waters, including by fishing vessels flying the flag of, and registered in, third countries; |
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(b)

in Union waters, including by fishing vessels flying the flag of, and registered in, third countries;

| (c) | by Union fishing vessels outside Union waters; or |
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(c)

by Union fishing vessels outside Union waters; or

| (d) | by nationals of Member States, without prejudice to the primary responsibility of the flag State. |
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(d)

by nationals of Member States, without prejudice to the primary responsibility of the flag State.

Article 2

Objectives

1.   The CFP 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 of contributing to the availability of food supplies.

2.   The CFP shall apply the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield.

In order to reach the objective of progressively restoring and maintaining populations of fish stocks above biomass levels capable of producing maximum sustainable yield, the maximum sustainable yield exploitation rate shall be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks.

3.   The CFP shall implement the ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised, and shall endeavour to ensure that aquaculture and fisheries activities avoid the degradation of the marine environment.

4.   The CFP shall contribute to the collection of scientific data.

5.   The CFP shall, in particular:

| (a) | gradually eliminate discards, on a case-by-case basis, taking into account the best available scientific advice, by avoiding and reducing, as far as possible, unwanted catches, and by gradually ensuring that catches are landed; |
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(a)

gradually eliminate discards, on a case-by-case basis, taking into account the best available scientific advice, by avoiding and reducing, as far as possible, unwanted catches, and by gradually ensuring that catches are landed;

| (b) | where necessary, make the best use of unwanted catches, without creating a market for such of those catches that are below the minimum conservation reference size; |
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(b)

where necessary, make the best use of unwanted catches, without creating a market for such of those catches that are below the minimum conservation reference size;

| (c) | provide conditions for economically viable and competitive fishing capture and processing industry and land-based fishing related activity; |
| --- | --- |

(c)

provide conditions for economically viable and competitive fishing capture and processing industry and land-based fishing related activity;

| (d) | provide for measures to adjust the fishing capacity of the fleets to levels of fishing opportunities consistent with paragraph 2, with a view to having economically viable fleets without overexploiting marine biological resources; |
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(d)

provide for measures to adjust the fishing capacity of the fleets to levels of fishing opportunities consistent with paragraph 2, with a view to having economically viable fleets without overexploiting marine biological resources;

| (e) | promote the development of sustainable Union aquaculture activities to contribute to food supplies and security and employment; |
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(e)

promote the development of sustainable Union aquaculture activities to contribute to food supplies and security and employment;

| (f) | contribute to a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects; |
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(f)

contribute to a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects;

| (g) | contribute to an efficient and transparent internal market for fisheries and aquaculture products and contribute to ensuring a level–playing field for fisheries and aquaculture products marketed in the Union; |
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(g)

contribute to an efficient and transparent internal market for fisheries and aquaculture products and contribute to ensuring a level–playing field for fisheries and aquaculture products marketed in the Union;

| (h) | take into account the interests of both consumers and producers; |
| --- | --- |

(h)

take into account the interests of both consumers and producers;

| (i) | promote coastal fishing activities, taking into account socio-economic aspects; |
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(i)

promote coastal fishing activities, taking into account socio-economic aspects;

| (j) | be coherent with the Union environmental legislation, in particular with the objective of achieving a good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC, as well as with other Union policies. |
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(j)

be coherent with the Union environmental legislation, in particular with the objective of achieving a good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC, as well as with other Union policies.

Article 3

Principles of good governance

The CFP shall be guided by the following principles of good governance:

| (a) | the clear definition of responsibilities at the Union, regional, national and local levels; |
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(a)

the clear definition of responsibilities at the Union, regional, national and local levels;

| (b) | the taking into account of regional specificities, through a regionalised approach; |
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(b)

the taking into account of regional specificities, through a regionalised approach;

| (c) | the establishment of measures in accordance with the best available scientific advice; |
| --- | --- |

(c)

the establishment of measures in accordance with the best available scientific advice;

| (d) | a long-term perspective; |
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(d)

a long-term perspective;

| (e) | administrative cost efficiency; |
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(e)

administrative cost efficiency;

| (f) | appropriate involvement of stakeholders, in particular Advisory Councils, at all stages - from conception to implementation of the measures; |
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(f)

appropriate involvement of stakeholders, in particular Advisory Councils, at all stages - from conception to implementation of the measures;

| (g) | the primary responsibility of the flag State; |
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(g)

the primary responsibility of the flag State;

| (h) | consistency with other Union policies; |
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(h)

consistency with other Union policies;

| (i) | the use of impact assessments as appropriate; |
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(i)

the use of impact assessments as appropriate;

| (j) | coherence between the internal and external dimension of the CFP; |
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(j)

coherence between the internal and external dimension of the CFP;

| (k) | transparency of data handling in accordance with existing legal requirements, with due respect for private life, the protection of personal data and confidentiality rules; availability of data to the appropriate scientific bodies, other bodies with a scientific or management interest, and other defined end-users. |
| --- | --- |

(k)

transparency of data handling in accordance with existing legal requirements, with due respect for private life, the protection of personal data and confidentiality rules; availability of data to the appropriate scientific bodies, other bodies with a scientific or management interest, and other defined end-users.

Article 4

Definitions

1.   For the purpose of this Regulation the following definitions shall apply:

| (1) | ‘Union waters’ means the waters under the sovereignty or jurisdiction of the Member States, with the exception of the waters adjacent to the territories listed in Annex II to the Treaty; |
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(1)

‘Union waters’ means the waters under the sovereignty or jurisdiction of the Member States, with the exception of the waters adjacent to the territories listed in Annex II to the Treaty;

| (2) | ‘marine biological resources’ means available and accessible living marine aquatic species, including anadromous and catadromous species during their marine life; |
| --- | --- |

(2)

‘marine biological resources’ means available and accessible living marine aquatic species, including anadromous and catadromous species during their marine life;

| (3) | ‘fresh water biological resources’ means available and accessible living fresh water aquatic species; |
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(3)

‘fresh water biological resources’ means available and accessible living fresh water aquatic species;

| (4) | ‘fishing vessel’ means any vessel equipped for commercial exploitation of marine biological resources or a blue fin tuna trap; |
| --- | --- |

(4)

‘fishing vessel’ means any vessel equipped for commercial exploitation of marine biological resources or a blue fin tuna trap;

| (5) | ‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union; |
| --- | --- |

(5)

‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

| (6) | ‘entry to the fishing fleet’ means registration of a fishing vessel in the fishing vessel register of a Member State; |
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(6)

‘entry to the fishing fleet’ means registration of a fishing vessel in the fishing vessel register of a Member State;

| (7) | ‘maximum sustainable yield’ means the highest theoretical equilibrium yield that can be continuously taken on average from a stock under existing average environmental conditions without significantly affecting the reproduction process; |
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(7)

‘maximum sustainable yield’ means the highest theoretical equilibrium yield that can be continuously taken on average from a stock under existing average environmental conditions without significantly affecting the reproduction process;

| (8) | ‘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; |
| --- | --- |

(8)

‘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;

| (9) | ‘ecosystem-based approach to fisheries management’ means an integrated approach to managing fisheries within ecologically meaningful boundaries which seeks to manage the use of natural resources, taking account of fishing and other human activities, while preserving both the biological wealth and the biological processes necessary to safeguard the composition, structure and functioning of the habitats of the ecosystem affected, by taking into account the knowledge and uncertainties regarding biotic, abiotic and human components of ecosystems; |
| --- | --- |

(9)

‘ecosystem-based approach to fisheries management’ means an integrated approach to managing fisheries within ecologically meaningful boundaries which seeks to manage the use of natural resources, taking account of fishing and other human activities, while preserving both the biological wealth and the biological processes necessary to safeguard the composition, structure and functioning of the habitats of the ecosystem affected, by taking into account the knowledge and uncertainties regarding biotic, abiotic and human components of ecosystems;

| (10) | ‘discards’ means catches that are returned to the sea; |
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(10)

‘discards’ means catches that are returned to the sea;

| (11) | ‘low impact fishing’ means utilising selective fishing techniques which have a low detrimental impact on marine ecosystems or which may result in low fuel emissions, or both; |
| --- | --- |

(11)

‘low impact fishing’ means utilising selective fishing techniques which have a low detrimental impact on marine ecosystems or which may result in low fuel emissions, or both;

| (12) | ‘selective fishing’ means fishing with fishing methods or fishing gears that target and capture organisms by size or species during the fishing operation, allowing non-target specimens to be avoided or released unharmed; |
| --- | --- |

(12)

‘selective fishing’ means fishing with fishing methods or fishing gears that target and capture organisms by size or species during the fishing operation, allowing non-target specimens to be avoided or released unharmed;

| (13) | ‘fishing mortality rate’ means the rate at which biomass or individuals are removed from a stock by means of fishery activities over a given period; |
| --- | --- |

(13)

‘fishing mortality rate’ means the rate at which biomass or individuals are removed from a stock by means of fishery activities over a given period;

| (14) | ‘stock’ means a marine biological resource that occurs in a given management area; |
| --- | --- |

(14)

‘stock’ means a marine biological resource that occurs in a given management area;

| (15) | ‘catch limit’ means, as appropriate, either a quantitative limit on catches of a fish stock or group of fish stocks over a given period where such fish stocks or group of fish stocks are subject to an obligation to land, or a quantitative limit on landings of a fish stock or group of fish stocks over a given period for which the obligation to land does not apply; |
| --- | --- |

(15)

‘catch limit’ means, as appropriate, either a quantitative limit on catches of a fish stock or group of fish stocks over a given period where such fish stocks or group of fish stocks are subject to an obligation to land, or a quantitative limit on landings of a fish stock or group of fish stocks over a given period for which the obligation to land does not apply;

| (16) | ‘conservation reference point’ means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management, for example in respect of an acceptable level of biological risk or a desired level of yield; |
| --- | --- |

(16)

‘conservation reference point’ means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management, for example in respect of an acceptable level of biological risk or a desired level of yield;

| (17) | ‘minimum conservation reference size’ means the size of a living marine aquatic species taking into account maturity, as established by Union law, below which restrictions or incentives apply that aim to avoid capture through fishing activity; such size replaces, where relevant, the minimum landing size; |
| --- | --- |

(17)

‘minimum conservation reference size’ means the size of a living marine aquatic species taking into account maturity, as established by Union law, below which restrictions or incentives apply that aim to avoid capture through fishing activity; such size replaces, where relevant, the minimum landing size;

| (18) | ‘stock within safe biological limits’ means a stock with a high probability that its estimated spawning biomass at the end of the previous year is higher than the limit biomass reference point (Blim) and its estimated fishing mortality rate for the previous year is less than the limit fishing mortality rate reference point (Flim); |
| --- | --- |

(18)

‘stock within safe biological limits’ means a stock with a high probability that its estimated spawning biomass at the end of the previous year is higher than the limit biomass reference point (Blim) and its estimated fishing mortality rate for the previous year is less than the limit fishing mortality rate reference point (Flim);

| (19) | ‘safeguard’ means a precautionary measure designed to avoid something undesirable occurring; |
| --- | --- |

(19)

‘safeguard’ means a precautionary measure designed to avoid something undesirable occurring;

| (20) | ‘technical measure’ means a measure that regulates the composition of catches by species and size and the impacts on components of the ecosystems resulting from fishing activities by establishing conditions for the use and structure of fishing gear and restrictions on access to fishing areas; |
| --- | --- |

(20)

‘technical measure’ means a measure that regulates the composition of catches by species and size and the impacts on components of the ecosystems resulting from fishing activities by establishing conditions for the use and structure of fishing gear and restrictions on access to fishing areas;

| (21) | ‘fishing effort’ means the product of the capacity and the activity of a fishing vessel; for a group of fishing vessels it is the sum of the fishing effort of all vessels in the group; |
| --- | --- |

(21)

‘fishing effort’ means the product of the capacity and the activity of a fishing vessel; for a group of fishing vessels it is the sum of the fishing effort of all vessels in the group;

| (22) | ‘Member State having a direct management interest’ means a Member State which has an interest consisting of either fishing opportunities or a fishery taking place in the exclusive economic zone of the Member State concerned, or, in the Mediterranean Sea, a traditional fishery on the high seas; |
| --- | --- |

(22)

‘Member State having a direct management interest’ means a Member State which has an interest consisting of either fishing opportunities or a fishery taking place in the exclusive economic zone of the Member State concerned, or, in the Mediterranean Sea, a traditional fishery on the high seas;

| (23) | ‘transferable fishing concession’ means a revocable user entitlement to a specific part of fishing opportunities allocated to a Member State or established in a management plan adopted by a Member State in accordance with Article 19 of Council Regulation (EC) No 1967/2006 (18), which the holder may transfer; |
| --- | --- |

(23)

‘transferable fishing concession’ means a revocable user entitlement to a specific part of fishing opportunities allocated to a Member State or established in a management plan adopted by a Member State in accordance with Article 19 of Council Regulation (EC) No 1967/2006 (18), which the holder may transfer;

| (24) | ‘fishing capacity’ means a vessel's tonnage in GT (Gross Tonnage) and its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86 (19); |
| --- | --- |

(24)

‘fishing capacity’ means a vessel's tonnage in GT (Gross Tonnage) and its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86 (19);

| (25) | ‘aquaculture’ means the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment, where the organisms remain the property of a natural or legal person throughout the rearing and culture stage, up to and including harvesting; |
| --- | --- |

(25)

‘aquaculture’ means the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment, where the organisms remain the property of a natural or legal person throughout the rearing and culture stage, up to and including harvesting;

| (26) | ‘fishing licence’ means a licence as defined in point (9) of Article 4 of Council Regulation (EC) No 1224/2009 (20); |
| --- | --- |

(26)

‘fishing licence’ means a licence as defined in point (9) of Article 4 of Council Regulation (EC) No 1224/2009 (20);

| (27) | ‘fishing authorisation’ means an authorisation as defined in point (10) of Article 4 of Regulation (EC) No 1224/2009; |
| --- | --- |

(27)

‘fishing authorisation’ means an authorisation as defined in point (10) of Article 4 of Regulation (EC) No 1224/2009;

| (28) | ‘fishing activity’ means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products; |
| --- | --- |

(28)

‘fishing activity’ means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products;

| (29) | ‘fishery products’ means aquatic organisms resulting from any fishing activity or products derived therefrom; |
| --- | --- |

(29)

‘fishery products’ means aquatic organisms resulting from any fishing activity or products derived therefrom;

| (30) | ‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products; |
| --- | --- |

(30)

‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;

| (31) | ‘serious infringement’ means an infringement that is defined as such in relevant Union law, including in Article 42(1) of Council Regulation (EC) No 1005/2008 (21) and in Article 90(1) of Regulation (EC) No 1224/2009; |
| --- | --- |

(31)

‘serious infringement’ means an infringement that is defined as such in relevant Union law, including in Article 42(1) of Council Regulation (EC) No 1005/2008 (21) and in Article 90(1) of Regulation (EC) No 1224/2009;

| (32) | ‘end-user of scientific data’ means a body with a research or management interest in the scientific analysis of data in the fisheries sector; |
| --- | --- |

(32)

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

| (33) | ‘surplus of allowable catch’ means that part of the allowable catch which a coastal State does not harvest, resulting in an overall exploitation rate for individual stocks that remains below levels at which stocks are capable of restoring themselves and maintaining populations of harvested species above desired levels based on the best available scientific advice; |
| --- | --- |

(33)

‘surplus of allowable catch’ means that part of the allowable catch which a coastal State does not harvest, resulting in an overall exploitation rate for individual stocks that remains below levels at which stocks are capable of restoring themselves and maintaining populations of harvested species above desired levels based on the best available scientific advice;

| (34) | ‘aquaculture products’ means aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom; |
| --- | --- |

(34)

‘aquaculture products’ means aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom;

| (35) | ‘spawning stock biomass’ means an estimate of the mass of the fish of a particular stock that reproduces at a defined time, including both males and females and fish that reproduce viviparously; |
| --- | --- |

(35)

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

| (36) | ‘mixed fisheries’ means fisheries in which more than one species is present and where different species are likely to be caught in the same fishing operation; |
| --- | --- |

(36)

‘mixed fisheries’ means fisheries in which more than one species is present and where different species are likely to be caught in the same fishing operation;

| (37) | ‘sustainable fisheries partnership agreement’ means an international agreement concluded with a third state for the purpose of obtaining access to waters and resources in order to sustainably exploit a share of the surplus of marine biological resources, in exchange for financial compensation from the Union, which may include sectoral support. |
| --- | --- |

(37)

‘sustainable fisheries partnership agreement’ means an international agreement concluded with a third state for the purpose of obtaining access to waters and resources in order to sustainably exploit a share of the surplus of marine biological resources, in exchange for financial compensation from the Union, which may include sectoral support.

2.   For the purposes of this Regulation, the following geographical definitions of geographical areas shall apply:

| (a) | ‘North Sea’ means ICES zones (22) IIIa and IV; |
| --- | --- |

(a)

‘North Sea’ means ICES zones (22) IIIa and IV;

| (b) | ‘Baltic Sea’ means ICES zones IIIb, IIIc and IIId; |
| --- | --- |

(b)

‘Baltic Sea’ means ICES zones IIIb, IIIc and IIId;

| (c) | ‘North Western waters’ means ICES zones V (excluding Va and only Union waters of Vb), VI and VII; |
| --- | --- |

(c)

‘North Western waters’ means ICES zones V (excluding Va and only Union waters of Vb), VI and VII;

| (d) | ‘South Western waters’ means ICES zones VIII, IX and X (waters around Azores), and CECAF zones (23) 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands); |
| --- | --- |

(d)

‘South Western waters’ means ICES zones VIII, IX and X (waters around Azores), and CECAF zones (23) 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands);

| (e) | ‘Mediterranean Sea’ means Maritime Waters of the Mediterranean to the East of line 5°36' West; |
| --- | --- |

(e)

‘Mediterranean Sea’ means Maritime Waters of the Mediterranean to the East of line 5°36' West;

| (f) | ‘Black Sea’ means the GFCM (General Fisheries Commission for the Mediterranean) geographical sub-area as defined in Resolution GFCM/33/2009/2. |
| --- | --- |

(f)

‘Black Sea’ means the GFCM (General Fisheries Commission for the Mediterranean) geographical sub-area as defined in Resolution GFCM/33/2009/2.

PART II

ACCESS TO WATERS

Article 5

General rules on access to waters

1.   Union fishing vessels shall have equal access to waters and resources in all Union waters other than those referred to in paragraphs 2 and 3, subject to the measures adopted under Part III.

2.   In the waters up to 12 nautical miles from baselines under their sovereignty or jurisdiction, Member States shall be authorised, until 31 December 2022, to restrict fishing to fishing vessels that traditionally fish in those waters from ports on the adjacent coast, without prejudice to the arrangements for Union fishing vessels flying the flag of other Member States under existing neighbourhood relations between Member States and the arrangements contained in Annex I, fixing for each Member State the geographical zones within the coastal bands of other Member States where fishing activities are pursued and the species concerned. Member States shall inform the Commission of the restrictions put in place under this paragraph.

3.   In the waters up to 100 nautical miles from the baselines of the Union outermost regions referred to in the first paragraph of Article 349 of the Treaty, the Member States concerned shall be authorised, until 31 December 2022, to restrict fishing to vessels registered in the ports of those territories. Such restrictions shall not apply to Union vessels that traditionally fish in those waters, in so far as those vessels do not exceed the fishing effort traditionally exerted. Member States shall inform the Commission of the restrictions put in place under this paragraph.

4.   The measures which are to apply after the expiry of the arrangements set out in paragraphs 2 and 3 shall be adopted by 31 December 2022.

PART III

MEASURES FOR THE CONSERVATION AND SUSTAINABLE EXPLOITATION OF MARINE BIOLOGICAL RESOURCES

TITLE I

Conservation measures

Article 6

General provisions

1.   For the purpose of achieving the objectives of the CFP in respect of the conservation and sustainable exploitation of marine biological resources as set out in Article 2, the Union shall adopt conservation measures as set out in Article 7.

2.   When applying this Regulation, the Commission shall consult the relevant advisory bodies and the relevant scientific bodies. Conservation measures shall be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by STECF and other advisory bodies, advice received from Advisory Councils and joint recommendations made by Member States pursuant to Article 18.

3.   Member States may cooperate with one another for the purpose of adopting measures pursuant to Articles 11, 15 and 18.

4.   Member States shall coordinate with one another before adopting national measures pursuant to Article 20(2).

5.   In specific cases, in particular as regards the Mediterranean region, Member States may be empowered to adopt legally binding acts in the area of the CFP, including conservation measures. Article 18 shall apply, where appropriate.

Article 7

Types of conservation measures

1.   Measures for the conservation and sustainable exploitation of marine biological resources may include, inter alia, the following:

| (a) | multiannual plans under Articles 9 and 10; |
| --- | --- |

(a)

multiannual plans under Articles 9 and 10;

| (b) | targets for the conservation and sustainable exploitation of stocks and related measures to minimise the impact of fishing on the marine environment; |
| --- | --- |

(b)

targets for the conservation and sustainable exploitation of stocks and related measures to minimise the impact of fishing on the marine environment;

| (c) | measures to adapt the fishing capacity of fishing vessels to available fishing opportunities; |
| --- | --- |

(c)

measures to adapt the fishing capacity of fishing vessels to available fishing opportunities;

| (d) | incentives, including those of an economic nature, such as fishing opportunities, to promote fishing methods that contribute to more selective fishing, to the avoidance and reduction, as far as possible, of unwanted catches, and to fishing with low impact on the marine ecosystem and fishery resources; |
| --- | --- |

(d)

incentives, including those of an economic nature, such as fishing opportunities, to promote fishing methods that contribute to more selective fishing, to the avoidance and reduction, as far as possible, of unwanted catches, and to fishing with low impact on the marine ecosystem and fishery resources;

| (e) | measures on the fixing and allocation of fishing opportunities; |
| --- | --- |

(e)

measures on the fixing and allocation of fishing opportunities;

| (f) | measures to achieve the objectives of Article 15; |
| --- | --- |

(f)

measures to achieve the objectives of Article 15;

| (g) | minimum conservation reference sizes; |
| --- | --- |

(g)

minimum conservation reference sizes;

| (h) | pilot projects on alternative types of fishing management techniques and on gears that increase selectivity or that minimise the negative impact of fishing activities on the marine environment; |
| --- | --- |

(h)

pilot projects on alternative types of fishing management techniques and on gears that increase selectivity or that minimise the negative impact of fishing activities on the marine environment;

| (i) | measures necessary for compliance with obligations under Union environmental legislation adopted pursuant to Article 11; |
| --- | --- |

(i)

measures necessary for compliance with obligations under Union environmental legislation adopted pursuant to Article 11;

| (j) | technical measures as referred to in paragraph 2. |
| --- | --- |

(j)

technical measures as referred to in paragraph 2.

2.   Technical measures may include, inter alia, the following:

| (a) | characteristics of fishing gears and rules concerning their use; |
| --- | --- |

(a)

characteristics of fishing gears and rules concerning their use;

| (b) | specifications on the construction of fishing gear, including:






  (i) | modifications or additional devices to improve selectivity or to minimise the negative impact on the ecosystem; |
| --- | --- | --- |

(b)

specifications on the construction of fishing gear, including:

(i)

modifications or additional devices to improve selectivity or to minimise the negative impact on the ecosystem;

| (ii) | modifications or additional devices to reduce the incidental capture of endangered, threatened and protected species, as well as to reduce other unwanted catches; |
| --- | --- |

(ii)

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

| (c) | limitations or prohibitions on the use of certain fishing gears, and on fishing activities, in certain areas or periods; |
| --- | --- |

(c)

limitations or prohibitions on the use of certain fishing gears, and on fishing activities, in certain areas or periods;

| (d) | requirements for fishing vessels to cease operating in a defined area for a defined minimum period in order to protect temporary aggregations of endangered species, spawning fish, fish below minimum conservation reference size, and other vulnerable marine resources; |
| --- | --- |

(d)

requirements for fishing vessels to cease operating in a defined area for a defined minimum period in order to protect temporary aggregations of endangered species, spawning fish, fish below minimum conservation reference size, and other vulnerable marine resources;

| (e) | specific measures to minimise the negative impact of fishing activities on marine biodiversity and marine ecosystems, including measures to avoid and reduce, as far as possible, unwanted catches. |
| --- | --- |

(e)

specific measures to minimise the negative impact of fishing activities on marine biodiversity and marine ecosystems, including measures to avoid and reduce, as far as possible, unwanted catches.

Article 8

Establishment of fish stock recovery areas

1.   The Union shall, while taking due account of existing conservation areas, endeavour to establish protected areas due to their biological sensitivity, including areas where there is clear evidence of heavy concentrations of fish below minimum conservation reference size and of spawning grounds. In such areas fishing activities may be restricted or prohibited in order to contribute to the conservation of living aquatic resources and marine ecosystems. The Union shall continue to give additional protection to existing biologically sensitive areas.

2.   For those purposes, Member States shall identify, where possible, suitable areas which may form part of a coherent network and shall prepare, where appropriate, joint recommendations in accordance with Article 18(7) with a view to the Commission submitting a proposal in accordance with the Treaty.

3.   The Commission may be empowered in a multiannual plan to establish such biologically sensitive protected areas. Article 18(1) to (6) shall apply. The Commission shall report regularly to the European Parliament and to the Council on protected areas.

TITLE II

Specific Measures

Article 9

Principles and objectives of multiannual plans

1.   Multiannual plans shall be adopted as a priority, based on scientific, technical and economic advice, and shall contain conservation measures to restore and maintain fish stocks above levels capable of producing maximum sustainable yield in accordance with Article 2(2).

2.   Where targets relating to the maximum sustainable yield as referred to in Article 2(2) cannot be determined, owing to insufficient data, the multiannual plans shall provide for measures based on the precautionary approach, ensuring at least a comparable degree of conservation of the relevant stocks.

3.   Multiannual plans shall cover either:

| (a) | single species; or |
| --- | --- |

(a)

single species; or

| (b) | in the case of mixed fisheries or where the dynamics of stocks relate to one another, fisheries exploiting several stocks in a relevant geographical area, taking into account knowledge about the interactions between fish stocks, fisheries and marine ecosystems. |
| --- | --- |

(b)

in the case of mixed fisheries or where the dynamics of stocks relate to one another, fisheries exploiting several stocks in a relevant geographical area, taking into account knowledge about the interactions between fish stocks, fisheries and marine ecosystems.

4.   The measures to be included in multiannual plans, and the calendar for implementing them, shall be proportionate to the objectives and targets pursued and to the time-frame envisaged. Before measures are included in the multiannual plans, account shall be taken of their likely economic and social impact.

5.   Multiannual plans may contain specific conservation objectives and measures based on the ecosystem approach in order to address the specific problems of mixed fisheries in relation to the achievement of the objectives set out in Article 2(2) for the mixture of stocks covered by the plan in cases where scientific advice indicates that increases in selectivity cannot be achieved. Where necessary, the multiannual plan shall include specific alternative conservation measures, based on the ecosystem approach, for some of the stocks that it covers.

Article 10

Content of multiannual plans

1.   As appropriate and without prejudice to the respective competences under the Treaty, a multiannual plan shall include:

| (a) | the scope, in terms of stocks, fishery and the area to which the multiannual plan shall be applied; |
| --- | --- |

(a)

the scope, in terms of stocks, fishery and the area to which the multiannual plan shall be applied;

| (b) | objectives that are consistent with the objectives set out in Article 2 and with the relevant provisions of Articles 6 and 9; |
| --- | --- |

(b)

objectives that are consistent with the objectives set out in Article 2 and with the relevant provisions of Articles 6 and 9;

| (c) | quantifiable targets such as fishing mortality rates and/or spawning stock biomass; |
| --- | --- |

(c)

quantifiable targets such as fishing mortality rates and/or spawning stock biomass;

| (d) | clear time-frames to reach the quantifiable targets; |
| --- | --- |

(d)

clear time-frames to reach the quantifiable targets;

| (e) | conservation reference points consistent with the objectives set out in Article 2; |
| --- | --- |

(e)

conservation reference points consistent with the objectives set out in Article 2;

| (f) | objectives for conservation and technical measures to be taken in order to achieve the targets set out in Article 15, and measures designed to avoid and reduce, as far as possible, unwanted catches; |
| --- | --- |

(f)

objectives for conservation and technical measures to be taken in order to achieve the targets set out in Article 15, and measures designed to avoid and reduce, as far as possible, unwanted catches;

| (g) | safeguards to ensure that quantifiable targets are met, as well as remedial action, where needed, including for situations where the deteriorating quality of data or non-availability put the sustainability of the stock at risk. |
| --- | --- |

(g)

safeguards to ensure that quantifiable targets are met, as well as remedial action, where needed, including for situations where the deteriorating quality of data or non-availability put the sustainability of the stock at risk.

2.   A multiannual plan may also include:

| (a) | other conservation measures, in particular measures to gradually eliminate discards, taking into account the best available scientific advice, or to minimise the negative impact of fishing on the ecosystem, to be further specified, where appropriate, in accordance with Article 18; |
| --- | --- |

(a)

other conservation measures, in particular measures to gradually eliminate discards, taking into account the best available scientific advice, or to minimise the negative impact of fishing on the ecosystem, to be further specified, where appropriate, in accordance with Article 18;

| (b) | quantifiable indicators for periodic monitoring and assessment of progress in achieving the targets of the multiannual plan; |
| --- | --- |

(b)

quantifiable indicators for periodic monitoring and assessment of progress in achieving the targets of the multiannual plan;

| (c) | where appropriate, specific objectives for the freshwater part of the life cycle of anadromous and catadromous species. |
| --- | --- |

(c)

where appropriate, specific objectives for the freshwater part of the life cycle of anadromous and catadromous species.

3.   A multiannual plan shall provide for its revision after an initial ex-post evaluation, in particular to take account of changes in scientific advice.

Article 11

Conservation measures necessary for compliance with obligations under Union environmental legislation

1.   Member States are empowered to adopt conservation measures not affecting fishing vessels of other Member States that are applicable to waters under their sovereignty or jurisdiction and that are necessary for the purpose of complying with their obligations under Article 13(4) of Directive 2008/56/EC, Article 4 of Directive 2009/147/EC or Article 6 of Directive 92/43/EEC, provided that those measures are compatible with the objectives set out in Article 2 of this Regulation, meet the objectives of the relevant Union legislation that they intend to implement, and are at least as stringent as measures under Union law.

2.   Where a Member State (‘the initiating Member State’) considers that measures need to be adopted for the purpose of complying with the obligations referred to in paragraph 1 and other Member States have a direct management interest in the fishery to be affected by such measures, the Commission shall be empowered to adopt such measures, upon request, by means of delegated acts in accordance with Article 46. For this purpose, Article 18(1) to (4) and (6) shall apply mutatis mutandis.

3.   The initiating Member State shall provide the Commission and the other Member States having a direct management interest with relevant information on the measures required, including their rationale, scientific evidence in support and details on their practical implementation and enforcement. The initiating Member State and the other Member States having a direct management interest may submit a joint recommendation, as referred to in Article 18(1), within six months from the provision of sufficient information. The Commission shall adopt the measures, taking into account any available scientific advice, within three months from receipt of a complete request.

If not all Member States succeed in agreeing on a joint recommendation to be submitted to the Commission in accordance with the first subparagraph within the deadline set therein, or if the joint recommendation is deemed not to be compatible with the requirements referred to in paragraph 1, the Commission may submit a proposal in accordance with the Treaty.

4.   By way of derogation from paragraph 3, in the absence of a joint recommendation referred to in paragraph 3, in cases of urgency, the Commission shall adopt the measures. The measures to be adopted in a case of urgency shall be limited to those in the absence of which the achievement of the objectives associated with the establishment of the conservation measures in accordance with the Directives referred to in paragraph 1 and the Member State's intentions, is in jeopardy.

5.   The measures referred to in paragraph 4 shall apply for a maximum period of 12 months which may be extended for a maximum period of 12 months where the conditions provided for in that paragraph continue to exist.

6.   The Commission shall facilitate cooperation between the Member State concerned and the other Member States having a direct management interest in the fishery in the process of implementation and enforcement of the measures adopted under paragraphs 2, 3 and 4.

Article 12

Commission measures in case of a serious threat to marine biological resources

1.   On duly justified imperative grounds of urgency relating to a serious threat to the conservation of marine biological resources or to the marine ecosystem based on evidence, the Commission, at the reasoned request of a Member State or on its own initiative, may, in order to alleviate that threat, adopt immediately applicable implementing acts applicable for a maximum period of six months in accordance with the procedure referred to in Article 47(3).

2.   The Member State shall communicate the request referred to in paragraph 1 simultaneously to the Commission, to other Member States and to the Advisory Councils concerned. The other Member States and the Advisory Councils may submit their written comments within seven working days of the receipt of the notification. The Commission shall take a decision within 15 working days of the receipt of the request referred to in paragraph 1.

3.   Before expiry of the initial period of application of immediately applicable implementing acts referred to in paragraph 1, the Commission may, where the conditions under paragraph 1 are complied with, adopt immediately applicable implementing acts extending the application of such emergency measure for a maximum period of six months with immediate effect. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 47(3).

Article 13

Member State emergency measures

1.   On the basis of evidence of a serious threat to the conservation of marine biological resources or to the marine ecosystem relating to fishing activities in waters falling under the sovereignty or jurisdiction of a Member State that require immediate action, that Member State may adopt emergency measures to alleviate the threat. Such measures shall be compatible with the objectives set out in Article 2 and no less stringent than those provided for in Union law. Such measures shall apply for a maximum period of three months.

2.   Where emergency measures to be adopted by a Member State are liable to affect fishing vessels of other Member States, such measures shall be adopted only after consulting the Commission, the relevant Member States and the relevant Advisory Councils on a draft of the measures accompanied by an explanatory memorandum. The consulting Member State may set a reasonable deadline for the consultation which shall, however, not be shorter than one month.

3.   Where the Commission considers that a measure adopted under this Article does not comply with the conditions set out in paragraph 1, it may, subject to providing relevant reasons, request that the Member State concerned amend or repeal that measure.

Article 14

Avoidance and minimisation of unwanted catches

1.   In order to facilitate the introduction of the obligation to land all catches in the respective fishery in accordance with Article 15 (‘the landing obligation’), Member States may conduct pilot projects, based on the best available scientific advice and taking into account the opinions of the relevant Advisory Councils, with the aim of fully exploring all practicable methods for the avoidance, minimisation and elimination of unwanted catches in a fishery.

2.   Member States may produce a ‘discard atlas’ showing the level of discards in each of the fisheries which are covered by Article 15(1).

Article 15

Landing obligation

1.   All catches of species which are subject to catch limits and, in the Mediterranean, also catches of species which are subject to minimum sizes as defined in Annex III to Regulation (EC) No 1967/2006, caught during fishing activities in Union waters or by Union fishing vessels outside Union waters in waters not subject to third countries' sovereignty or jurisdiction, in the fisheries and geographical areas listed below shall be brought and retained on board the fishing vessels, recorded, landed and counted against the quotas where applicable, except when used as live bait, in accordance with the following time-frames:

| (a) | From 1 January 2015 at the latest:






  — | small pelagic fisheries (i.e. fisheries for mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat); |
| --- | --- | --- |

(a)

From 1 January 2015 at the latest:

—

small pelagic fisheries (i.e. fisheries for mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat);

| — | large pelagic fisheries (i.e. fisheries for bluefin tuna, swordfish, albacore tuna, bigeye tuna, blue and white marlin); |
| --- | --- |

—

large pelagic fisheries (i.e. fisheries for bluefin tuna, swordfish, albacore tuna, bigeye tuna, blue and white marlin);

| — | fisheries for industrial purposes (inter alia, fisheries for capelin, sandeel and Norwegian pout); |
| --- | --- |

—

fisheries for industrial purposes (inter alia, fisheries for capelin, sandeel and Norwegian pout);

| — | fisheries for salmon in the Baltic Sea. |
| --- | --- |

—

fisheries for salmon in the Baltic Sea.

| (b) | From 1 January 2015 at the latest for species which define the fisheries and from 1 January 2017 at the latest for all other species in fisheries in Union waters of the Baltic Sea for species subject to catch limits other than those covered by point (a). |
| --- | --- |

(b)

From 1 January 2015 at the latest for species which define the fisheries and from 1 January 2017 at the latest for all other species in fisheries in Union waters of the Baltic Sea for species subject to catch limits other than those covered by point (a).

| (c) | From 1 January 2016 at the latest for the species which define the fisheries and from 1 January 2019 at the latest for all other species in:






  (i) | the North Sea






  — | fisheries for cod, haddock, whiting, saithe; |
| --- | --- | --- | --- |

(c)

From 1 January 2016 at the latest for the species which define the fisheries and from 1 January 2019 at the latest for all other species in:

(i)

the North Sea

—

fisheries for cod, haddock, whiting, saithe;

| — | fisheries for Norway lobster; |
| --- | --- |

—

fisheries for Norway lobster;

| — | fisheries for common sole and plaice; |
| --- | --- |

—

fisheries for common sole and plaice;

| — | fisheries for hake; |
| --- | --- |

—

fisheries for hake;

| — | fisheries for Northern prawn; |
| --- | --- |

—

fisheries for Northern prawn;

| (ii) | North Western waters






  — | fisheries for cod, haddock, whiting, saithe; |
| --- | --- | --- |

(ii)

North Western waters

—

fisheries for cod, haddock, whiting, saithe;

| — | fisheries for Norway lobster; |
| --- | --- |

—

fisheries for Norway lobster;

| — | fisheries for common sole and plaice; |
| --- | --- |

—

fisheries for common sole and plaice;

| — | fisheries for hake; |
| --- | --- |

—

fisheries for hake;

| (iii) | South Western waters






  — | fisheries for Norway lobster; |
| --- | --- | --- |

(iii)

South Western waters

—

fisheries for Norway lobster;

| — | fisheries for common sole and plaice; |
| --- | --- |

—

fisheries for common sole and plaice;

| — | fisheries for hake; |
| --- | --- |

—

fisheries for hake;

| (iv) | other fisheries for species subject to catch limits. |
| --- | --- |

(iv)

other fisheries for species subject to catch limits.

| (d) | From 1 January 2017 at the latest for species which define the fisheries and from 1 January 2019 at the latest for all other species in fisheries not covered by point (a) in the Mediterranean, in the Black Sea and in all other Union waters and in non-Union waters not subject to third countries' sovereignty or jurisdiction. |
| --- | --- |

(d)

From 1 January 2017 at the latest for species which define the fisheries and from 1 January 2019 at the latest for all other species in fisheries not covered by point (a) in the Mediterranean, in the Black Sea and in all other Union waters and in non-Union waters not subject to third countries' sovereignty or jurisdiction.

2.   Paragraph 1 shall be without prejudice to the Union's international obligations. The Commission shall be empowered to adopt delegated acts, in accordance with Article 46, for the purpose of implementing such international obligations into Union law, including, in particular, derogations from the landing obligation under this Article.

3.   Where all the Member States having a direct management interest in a particular fishery agree that the landing obligation should apply to species other than those listed in paragraph 1, they may submit a joint recommendation for the purpose of extending the application of the landing obligation to such other species. For this purpose, Article 18(1) to (6) shall apply mutatis mutandis. Where such a joint recommendation is submitted, the Commission shall be empowered to adopt delegated acts, in accordance with Article 46, containing such measures.

4.   The landing obligation referred to in paragraph 1 shall not apply to:

| (a) | species in respect of which fishing is prohibited and which are identified as such in a Union legal act adopted in the area of the CFP; |
| --- | --- |

(a)

species in respect of which fishing is prohibited and which are identified as such in a Union legal act adopted in the area of the CFP;

| (b) | species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem; |
| --- | --- |

(b)

species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem;

| (c) | catches falling under de minimis exemptions. |
| --- | --- |

(c)

catches falling under de minimis exemptions.

5.   Details of the implementation of the landing obligation referred to in paragraph 1 shall be specified in multiannual plans referred to in Articles 9 and 10 and, where relevant, further specified in accordance with Article 18, including:

| (a) | specific provisions regarding fisheries or species covered by the landing obligation referred to in paragraph 1; |
| --- | --- |

(a)

specific provisions regarding fisheries or species covered by the landing obligation referred to in paragraph 1;

| (b) | the specification of exemptions to the landing obligation of species referred to in point (b) of paragraph 2; |
| --- | --- |

(b)

the specification of exemptions to the landing obligation of species referred to in point (b) of paragraph 2;

| (c) | provisions for de minimis exemptions of up to 5 % of total annual catches of all species subject to the landing obligation referred to in paragraph 1. The de minimis exemption shall apply in the following cases:






  (i) | where scientific evidence indicates that increases in selectivity are very difficult to achieve; or |
| --- | --- | --- |

(c)

provisions for de minimis exemptions of up to 5 % of total annual catches of all species subject to the landing obligation referred to in paragraph 1. The de minimis exemption shall apply in the following cases:

(i)

where scientific evidence indicates that increases in selectivity are very difficult to achieve; or

| (ii) | to avoid disproportionate costs of handling unwanted catches, for those fishing gears where unwanted catches per fishing gear do not represent more than a certain percentage, to be established in a plan, of total annual catch of that gear. |
| --- | --- |

(ii)

to avoid disproportionate costs of handling unwanted catches, for those fishing gears where unwanted catches per fishing gear do not represent more than a certain percentage, to be established in a plan, of total annual catch of that gear.

Catches under the provisions referred to in this point shall not be counted against the relevant quotas; however, all such catches shall be fully recorded.

For a transitional period of four years, the percentage of the total annual catches referred to in this point shall increase:

| (i) | by two percentage points in the first two years of application of the landing obligation; and |
| --- | --- |

(i)

by two percentage points in the first two years of application of the landing obligation; and

| (ii) | by one percentage point in the subsequent two years; |
| --- | --- |

(ii)

by one percentage point in the subsequent two years;

| (d) | provisions on documentation of catches; |
| --- | --- |

(d)

provisions on documentation of catches;

| (e) | where appropriate, the fixing of minimum conservation reference sizes in accordance with paragraph 10. |
| --- | --- |

(e)

where appropriate, the fixing of minimum conservation reference sizes in accordance with paragraph 10.

6.   Where no multiannual plan, or no management plan in accordance with Article 18 of Regulation (EC) No 1967/2006, is adopted for the fishery in question, the Commission shall be empowered to adopt, in accordance with Article 18 of this Regulation, delegated acts in accordance with Article 46 of this Regulation, laying down on a temporary basis and for a period of no more than three years a specific discard plan containing the specifications referred to in points (a) to (e) of paragraph 5 of this Article. Member States may cooperate, in accordance with Article 18 of this Regulation, in the drawing up of such a plan with a view to the Commission adopting such acts or submitting a proposal in accordance with the ordinary legislative procedure.

7.   Where no measures have been adopted for the purpose of specifying the de minimis exemption either in a multiannual plan in accordance with paragraph 5 or in a specific discard plan in accordance with paragraph 6, the Commission shall adopt delegated acts, in accordance with Article 46, setting the de minimis exemption referred to in point (c) of paragraph 4 which shall, subject to the conditions set out in point (c)(i) or (ii) of paragraph 5, amount to no more than 5 % of total annual catches of all species to which the landing obligation applies under paragraph 1. That de minimis exemption shall be adopted so as to apply from the date of application of the relevant landing obligation.

8.   By way of derogation from the obligation to count catches against the relevant quotas in accordance with paragraph 1, catches of species that are subject to the landing obligation and that are caught in excess of quotas of the stocks in question, or catches of species in respect of which the Member State has no quota, may be deducted from the quota of the target species provided that they do not exceed 9 % of the quota of the target species. This provision shall only apply where the stock of the non-target species is within safe biological limits.

9.   For stocks subject to the landing obligation, Member States may use a year-to-year flexibility of up to 10 % of their permitted landings. For this purpose, a Member State may allow landing of additional quantities of the stock that is subject to the landing obligation provided that such quantities do not exceed 10 % of the quota allocated to that Member State. Article 105 of Regulation (EC) No 1224/2009 shall apply.

10.   Minimum conservation reference sizes may be established with the aim of ensuring the protection of juveniles of marine organisms.

11.   For the species subject to the landing obligation as specified in paragraph 1, the use of catches of species below the minimum conservation reference size shall be restricted to purposes other than direct human consumption, including fish meal, fish oil, pet food, food additives, pharmaceuticals and cosmetics.

12.   For species that are not subject to the landing obligation as specified in paragraph 1, the catches of species below the minimum conservation reference size shall not be retained on board, but shall be returned immediately to the sea.

13.   For the purpose of monitoring compliance with the landing obligation, Member States shall ensure detailed and accurate documentation of all fishing trips and adequate capacity and means, such as observers, closed-circuit television (CCTV) and others. In doing so, Member States shall respect the principle of efficiency and proportionality.

Article 16

Fishing opportunities

1.   Fishing opportunities allocated to Member States shall ensure relative stability of fishing activities of each Member State for each fish stock or fishery. The interests of each Member State shall be taken into account when new fishing opportunities are allocated.

2.   When the landing obligation in respect of a fish stock is introduced, fishing opportunities shall be fixed taking into account the change from fixing fishing opportunities that reflect landings to fixing fishing opportunities that reflect catches, on the basis of the fact that, for the first and subsequent years, discarding of that stock will no longer be allowed.

3.   Where new scientific evidence shows that there is a significant disparity between the fishing opportunities that have been fixed for a specific stock and the actual state of that stock, Member States having a direct management interest may submit a reasoned request to the Commission for it to submit a proposal to alleviate that disparity, while respecting the objectives set out in Article 2(2).

4.   Fishing opportunities shall be fixed in accordance with the objectives set out in Article 2(2) and shall comply with quantifiable targets, time-frames and margins established in accordance with Article 9(2) and points (b) and (c) of Article 10(1).

5.   Measures on the fixing and allocation of fishing opportunities available to third countries in Union waters shall be established in accordance with the Treaty.

6.   Each Member State shall decide how the fishing opportunities that are allocated to it, and which are not subject to a system of transferable fishing concessions, may be allocated to vessels flying its flag (e.g. by creating individual fishing opportunities). It shall inform the Commission of the allocation method.

7.   For the allocation of fishing opportunities pertaining to mixed fisheries, Member States shall take account of the likely catch composition of vessels participating in such fisheries.

8.   Member States may, after notifying the Commission, exchange all or part of the fishing opportunities allocated to them.

Article 17

Criteria for the allocation of fishing opportunities by Member States

When allocating the fishing opportunities available to them, as referred to in Article 16, Member States shall use transparent and objective criteria including those of an environmental, social and economic nature. The criteria to be used may include, inter alia, the impact of fishing on the environment, the history of compliance, the contribution to the local economy and historic catch levels. Within the fishing opportunities allocated to them, Member States shall endeavour to provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact, such as reduced energy consumption or habitat damage.

TITLE III

Regionalisation

Article 18

Regional cooperation on conservation measures

1.   Where the Commission has been granted powers, including in a multiannual plan established pursuant to Articles 9 and 10, as well as in cases provided for in Articles 11 and 15(6), to adopt measures by means of delegated or implementing acts in respect of a Union conservation measure applying to a relevant geographical area, Member States having a direct management interest affected by those measures may, within a deadline to be stipulated in the relevant conservation measure and/or multiannual plan, agree to submit joint recommendations for achieving the objectives of the relevant Union conservation measures, the multiannual plans or the specific discard plans. The Commission shall not adopt any such delegated or implementing acts before the expiry of the deadline for submission of joint recommendations by the Member States.

2.   For the purpose of paragraph 1, Member States having a direct management interest affected by the measures referred to in paragraph 1 shall cooperate with one another in formulating joint recommendations. They shall also consult the relevant Advisory Councils. The Commission shall facilitate the cooperation between Member States, including, where necessary, by ensuring that a scientific contribution is obtained from the relevant scientific bodies.

3.   Where a joint recommendation is submitted under paragraph 1, the Commission may adopt those measures by means of delegated or implementing acts, provided that such recommendation is compatible with the relevant conservation measure and/or multiannual plan.

4.   Where the conservation measure applies to a specific fish stock shared with third countries and managed by multilateral fisheries organisations or under bilateral or multilateral agreements, the Union shall endeavour to agree with the relevant partners the measures that are necessary to achieve the objectives set out in Article 2.

5.   Member States shall ensure that the joint recommendations on conservation measures to be adopted pursuant to paragraph 1 are based on the best available scientific advice and fulfil all of the following requirements:

| (a) | they are compatible with the objectives set out in Article 2; |
| --- | --- |

(a)

they are compatible with the objectives set out in Article 2;

| (b) | they are compatible with the scope and objectives of the relevant conservation measure; |
| --- | --- |

(b)

they are compatible with the scope and objectives of the relevant conservation measure;

| (c) | they are compatible with the scope and meet the objectives and quantifiable targets set out in a relevant multiannual plan effectively; |
| --- | --- |

(c)

they are compatible with the scope and meet the objectives and quantifiable targets set out in a relevant multiannual plan effectively;

| (d) | they are at least as stringent as measures under Union law. |
| --- | --- |

(d)

they are at least as stringent as measures under Union law.

6.   If all Member States do not succeed in agreeing on joint recommendations to be submitted to the Commission in accordance with paragraph 1 within a set deadline or if the joint recommendations on conservation measures are deemed not to be compatible with the objectives and quantifiable targets of the conservation measures in question, the Commission may submit a proposal for appropriate measures in accordance with the Treaty.

7.   In addition to the cases referred to in paragraph 1, Member States having a direct management interest in a fishery in a defined geographical area may also make joint recommendations to the Commission on measures to be proposed or adopted by the Commission.

8.   As a supplementary or alternative method of regional cooperation, Member States will be empowered, in a Union conservation measure that applies to a relevant geographical area, including in a multiannual plan established pursuant to Articles 9 and 10, to adopt within a set deadline measures further specifying that conservation measure. The Member States concerned shall closely cooperate in the adoption of such measures. Paragraphs 2, 4 and 5 of this Article shall apply mutatis mutandis. The Commission shall be associated and its comments shall be taken into account. Member States shall only adopt their respective national measures if an agreement on the content of those measures has been reached by all the Member States concerned. Where the Commission considers that a Member State's measure does not comply with the conditions set out in the relevant conservation measure, it may, subject to providing relevant reasons, request that the Member State concerned amend or repeal that measure.

TITLE IV

National measures

Article 19

Member State measures applicable to fishing vessels flying their flag or to persons established in their territory

1.   A Member State may adopt measures for the conservation of fish stocks in Union waters provided that those measures fulfil all of the following requirements:

| (a) | they apply solely to fishing vessels flying the flag of that Member State or, in the case of fishing activities which are not conducted by a fishing vessel, to persons established in that part of its territory to which the Treaty applies; |
| --- | --- |

(a)

they apply solely to fishing vessels flying the flag of that Member State or, in the case of fishing activities which are not conducted by a fishing vessel, to persons established in that part of its territory to which the Treaty applies;

| (b) | they are compatible with the objectives set out in Article 2; |
| --- | --- |

(b)

they are compatible with the objectives set out in Article 2;

| (c) | they are at least as stringent as measures under Union law. |
| --- | --- |

(c)

they are at least as stringent as measures under Union law.

2.   A Member State shall, for control purposes, inform the other Member States concerned of provisions adopted pursuant to paragraph 1.

3.   Member States shall make publicly available appropriate information concerning the measures adopted in accordance with this Article.

Article 20

Member State measures within the 12 nautical mile zone

1.   A Member State may take non-discriminatory measures for the conservation and management of fish stocks and the maintenance or improvement of the conservation status of marine ecosystems within 12 nautical miles of its baselines provided that the Union has not adopted measures addressing conservation and management specifically for that area or specifically addressing the problem identified by the Member State concerned. The Member State measures shall be compatible with the objectives set out in Article 2 and shall be at least as stringent as measures under Union law.

2.   Where conservation and management measures to be adopted by a Member State are liable to affect fishing vessels of other Member States, such measures shall be adopted only after consulting the Commission, the relevant Member States and the relevant Advisory Councils on a draft of the measures, which shall be accompanied by an explanatory memorandum that demonstrates, inter alia, that those measures are non-discriminatory. For the purpose of such consultation, the consulting Member State may set a reasonable deadline, which shall, however, not be shorter than two months.

3.   Member States shall make publicly available appropriate information concerning the measures adopted in accordance with this Article.

4.   Where the Commission considers that a measure adopted under this Article does not comply with the conditions set out in paragraph 1, it may, subject to providing relevant reasons, request that the Member State concerned amends or repeals the relevant measure.

PART IV

MANAGEMENT OF FISHING CAPACITY

Article 21

Establishment of systems of transferable fishing concessions

Member States may establish a system of transferable fishing concessions. Member States having such a system shall establish and maintain a register of transferable fishing concessions.

Article 22

Adjustment and management of fishing capacity

1.   Member States shall put in place measures to adjust the fishing capacity of their fleet to their fishing opportunities over time, taking into account trends and based on best scientific advice, with the objective of achieving a stable and enduring balance between them.

2.   In order to achieve the objective referred to in paragraph 1, Member States shall send to the Commission, by 31 May each year, a report on the balance between the fishing capacity of their fleets and their fishing opportunities. To facilitate a common approach across the Union, that report shall be prepared in accordance with common guidelines which may be developed by the Commission indicating the relevant technical, social and economic parameters.

The report shall contain the annual capacity assessment of the national fleet and of all fleet segments of the Member State. The report shall seek to identify structural overcapacity by segment and shall estimate the long-term profitability by segment. The reports shall be made publicly available.

3.   With regard to the assessment referred to in the second subparagraph of paragraph 2, Member States shall base their analysis on the balance between the fishing capacity of their fleets and their fishing opportunities. Separate assessments shall be drawn up for fleets operating in the outermost regions and for vessels operating exclusively outside Union waters.

4.   If the assessment clearly demonstrates that the fishing capacity is not effectively balanced with fishing opportunities, the Member State shall prepare and include in its report an action plan for the fleet segments with identified structural overcapacity. The action plan shall set out the adjustment targets and tools to achieve a balance and a clear time-frame for its implementation.

On a yearly basis, the Commission shall prepare a report for the European Parliament and for the Council on the balance between the fishing capacity of the Member States' fleets and their fishing opportunities, in accordance with the guidelines referred to in the first subparagraph of paragraph 2. The report shall include action plans referred to in the first subparagraph of this paragraph. The first report shall be submitted by 31 March 2015.

Failure to make the report referred to in paragraph 2, and/or failure to implement the action plan referred to in the first subparagraph of this paragraph, may result in a proportionate suspension or interruption of relevant Union financial assistance to that Member State for fleet investment in the fleet segment or segments concerned in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

5.   No exit from the fleet supported by public aid shall be permitted unless preceded by the withdrawal of the fishing licence and the fishing authorisations.

6.   The fishing capacity corresponding to the fishing vessels withdrawn with public aid shall not be replaced.

7.   Member States shall ensure that from ... (24) the fishing capacity of their fleets does not exceed at any time the fishing capacity ceilings set out in Annex II.

Article 23

Entry/Exit scheme

1.   Member States shall manage entries into their fleets and exits from their fleets in such a way that the entry into the fleet of new capacity without public aid is compensated for by the prior withdrawal of capacity without public aid of at least the same amount.

2.   The Commission may adopt implementing acts laying down implementing rules for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).

3.   No later than ... (25), the Commission shall evaluate the Entry/Exit scheme in the light of the evolving relationship between fleet capacity and prospected fishing opportunities, and propose, where appropriate, an amendment to that scheme.

Article 24

Fishing fleet registers

1.   Member States shall record the information on ownership, on 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.

2.   Member States shall submit to the Commission the information referred to in paragraph 1.

3.   The Commission shall maintain a Union fishing fleet register containing the information that it receives pursuant paragraph 2. It shall provide public access to the Union fishing fleet register, while ensuring that personal data is adequately protected.

4.   The Commission shall adopt implementing acts, establishing technical operational requirements for the recording, format and transmission modalities of the information referred to in paragraphs 1, 2 and 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).

PART V

SCIENTIFIC BASE FOR FISHERIES MANAGEMENT

Article 25

Data requirements for fisheries management

1.   Member States shall, in accordance with the rules adopted in the area of data collection, collect biological, environmental, technical, and socio-economic data necessary for fisheries management, manage those data and make them available to end–users, including bodies designated by the Commission. The acquisition and management of such data shall be eligible for funding through the European Maritime and Fisheries Fund in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020. Those data shall, in particular, enable the assessment of:

| (a) | the state of exploited marine biological resources; |
| --- | --- |

(a)

the state of exploited marine biological resources;

| (b) | the level of fishing and the impact that fishing activities have on the marine biological resources and on the marine ecosystems; and |
| --- | --- |

(b)

the level of fishing and the impact that fishing activities have on the marine biological resources and on the marine ecosystems; and

| (c) | the socio-economic performance of the fisheries, aquaculture and processing sectors within and outside Union waters. |
| --- | --- |

(c)

the socio-economic performance of the fisheries, aquaculture and processing sectors within and outside Union waters.

2.   The collection, management and use of data shall be based on the following principles:

| (a) | accuracy and reliability, and collection in a timely manner; |
| --- | --- |

(a)

accuracy and reliability, and collection in a timely manner;

| (b) | the use of coordination mechanisms with a view to avoiding duplication of data collection for different purposes; |
| --- | --- |

(b)

the use of coordination mechanisms with a view to avoiding duplication of data collection for different purposes;

| (c) | safe storage and protection of collected data in computerised databases, and their public availability where appropriate, including at aggregated level, whilst ensuring confidentiality; |
| --- | --- |

(c)

safe storage and protection of collected data in computerised databases, and their public availability where appropriate, including at aggregated level, whilst ensuring confidentiality;

| (d) | access by the Commission, or by bodies designated by it, to the national databases and systems used for processing the collected data for the purpose of verification of the existence and quality of the data; |
| --- | --- |

(d)

access by the Commission, or by bodies designated by it, to the national databases and systems used for processing the collected data for the purpose of verification of the existence and quality of the data;

| (e) | the availability in a timely manner of the relevant data and the respective methodologies by which they are obtained, for bodies with a research or management interest in the scientific analysis of data in the fisheries sector and for any interested parties, save in circumstances where protection and confidentiality are required under applicable Union law. |
| --- | --- |

(e)

the availability in a timely manner of the relevant data and the respective methodologies by which they are obtained, for bodies with a research or management interest in the scientific analysis of data in the fisheries sector and for any interested parties, save in circumstances where protection and confidentiality are required under applicable Union law.

3.   Every year, Member States shall submit to the Commission a report on the execution of their national data collection programmes and shall make it publicly available.

The Commission shall assess the annual report on data collection after consulting its scientific advisory body and, where appropriate, regional fisheries management organisations (RFMOs) to which the Union is a contracting party or observer and relevant international scientific bodies.

4.   Member States shall ensure the national coordination of the collection and management of scientific data for fisheries management, including socio-economic data. To this end, they shall designate a national correspondent and organise an annual national coordination meeting. The Commission shall be informed of the national coordination activities and shall be invited to the coordination meetings.

5.   In close cooperation with the Commission, Member States shall coordinate their data collection activities with other Member States in the same region, and shall make every effort to coordinate their actions with third countries having sovereignty or jurisdiction over waters in the same region.

6.   The collection, management and use of data shall be carried out in a cost-effective manner.

7.   Failure by a Member State to collect and/or to provide data in a timely manner to end-users may result in a proportionate suspension or interruption of relevant Union financial assistance to that Member State, in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

Article 26

Consulting scientific bodies

The Commission shall consult appropriate scientific bodies. STECF shall be consulted, where appropriate, on matters pertaining to the conservation and management of living marine resources, including biological, economic, environmental, social and technical considerations. Consultations of scientific bodies shall take into account the proper management of public funds, with the aim of avoiding duplication of work by such bodies.

Article 27

Research and Scientific Advice

1.   Member States shall carry out fisheries and aquaculture research and innovation programmes. They shall coordinate their fisheries research innovation and scientific advice programmes with other Member States, in close cooperation with the Commission, in the context of the Union research and innovation frameworks, involving, where appropriate, the relevant Advisory Councils. Those activities shall be eligible for funding through the Union budget in accordance with the relevant Union legal acts.

2.   Member states shall, with the involvement of the relevant stakeholders, utilising inter alia available Union financial resources and coordinating with one another, ensure availability of relevant competences and human resources to be involved in the scientific advisory process.

PART VI

EXTERNAL POLICY

Article 28

Objectives

1.   In order to ensure sustainable exploitation, management and conservation of marine biological resources and the marine environment, the Union shall conduct its external fisheries relations in accordance with its international obligations and policy objectives, as well as the objectives and principles set out in Articles 2 and 3.

2.   In particular, the Union shall:

| (a) | actively support and contribute to the development of scientific knowledge and advice; |
| --- | --- |

(a)

actively support and contribute to the development of scientific knowledge and advice;

| (b) | improve policy coherence of Union initiatives, with particular regard to environmental, trade and development activities and strengthen consistency of actions taken in the context of development cooperation and scientific, technical and economic cooperation; |
| --- | --- |

(b)

improve policy coherence of Union initiatives, with particular regard to environmental, trade and development activities and strengthen consistency of actions taken in the context of development cooperation and scientific, technical and economic cooperation;

| (c) | contribute to sustainable fishing activities that are economically viable and promote employment within the Union; |
| --- | --- |

(c)

contribute to sustainable fishing activities that are economically viable and promote employment within the Union;

| (d) | ensure that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law in the area of the CFP, while promoting a level–playing field for Union operators vis-à-vis third-country operators; |
| --- | --- |

(d)

ensure that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law in the area of the CFP, while promoting a level–playing field for Union operators vis-à-vis third-country operators;

| (e) | promote and support, in all international spheres, action necessary to eradicate IUU-fishing; |
| --- | --- |

(e)

promote and support, in all international spheres, action necessary to eradicate IUU-fishing;

| (f) | promote the establishment and the strengthening of compliance committees of RFMOs, periodical independent performance reviews and appropriate remedial actions, including effective and dissuasive penalties, which are to be applied in a transparent and non-discriminatory manner. |
| --- | --- |

(f)

promote the establishment and the strengthening of compliance committees of RFMOs, periodical independent performance reviews and appropriate remedial actions, including effective and dissuasive penalties, which are to be applied in a transparent and non-discriminatory manner.

3.   The provisions of this Part shall be without prejudice to specific provisions adopted under Article 218 of the Treaty.

TITLE I

International fisheries organisations

Article 29

Union activities in international fisheries organisations

1.   The Union shall actively support and contribute to the activities of international organisations dealing with fisheries, including RFMOs.

2.   The positions of the Union in international organisations dealing with fisheries and in RFMOs shall be based on the best available scientific advice so as to ensure that fishery resources are managed in accordance with the objectives laid down in Article 2, in particular paragraph 2 and point (b) of paragraph 4 thereof. The Union shall seek to lead the process of strengthening the performance of RFMOs so as to better enable them to conserve and manage marine living resources under their purview.

3.   The Union shall actively support the development of appropriate and transparent mechanisms for the allocation of fishing opportunities.

4.   The Union shall foster cooperation among RFMOs and consistency between their respective regulatory frameworks, and shall support the development of scientific knowledge and advice to ensure that their recommendations are based on such scientific advice.

Article 30

Compliance with international provisions

The Union shall, including through the European Fisheries Control Agency (‘the Agency’), cooperate with third countries and international organisations dealing with fisheries, including RFMOs, to strengthen compliance with measures, especially those to combat IUU fishing, in order to ensure that measures adopted by such international organisations are strictly adhered to.

TITLE II

Sustainable fisheries partnership agreements

Article 31

Principles and objectives of Sustainable fisheries partnership agreements

1.   Sustainable fisheries partnership agreements with third countries shall establish a legal, environmental, economic and social governance framework for fishing activities carried out by Union fishing vessels in third country waters.

Such frameworks may include:

| (a) | development and support for the necessary scientific and research institutions; |
| --- | --- |

(a)

development and support for the necessary scientific and research institutions;

| (b) | monitoring, control and surveillance capabilities; |
| --- | --- |

(b)

monitoring, control and surveillance capabilities;

| (c) | other capacity building elements concerning the development of a sustainable fisheries policy of the third country. |
| --- | --- |

(c)

other capacity building elements concerning the development of a sustainable fisheries policy of the third country.

2.   For the purpose of ensuring the sustainable exploitation of surpluses of marine biological resources, the Union shall endeavour to ensure that the Sustainable fisheries partnership agreements with third countries are of mutual benefit to the Union and to the third country concerned, including its local population and fishing industry and that they contribute to continuing the activity of Union fleets and seek to obtain an appropriate share of the available surplus, commensurate with the Union fleets' interest.

3.   For the purpose of ensuring that Union vessels fishing under Sustainable fisheries partnership agreements operate, where appropriate, under similar standards to those applicable to Union fishing vessels fishing in Union waters, the Union shall endeavour to include in Sustainable fisheries partnership agreements appropriate provisions on obligations to land fish and fishery products.

4.   Union fishing vessels shall only catch surplus of the allowable catch as referred to in Article 62(2) and (3) of the UNCLOS, and identified, in a clear and transparent manner, on the basis of the best available scientific advice and of the relevant information exchanged between the Union and the third country about the total fishing effort on the affected stocks by all fleets. Concerning straddling or highly migratory fish stocks, the determination of the resources available for access should take due account of scientific assessments conducted at the regional level as well as conservation and management measures adopted by relevant RFMOs.

5.   Union fishing vessels shall not operate in the waters of the third country with which a Sustainable fisheries partnership agreement is in force unless they are in possession of a fishing authorisation which has been issued in accordance with that agreement.

6.   The Union shall ensure that Sustainable fisheries partnership agreements include a clause concerning respect for democratic principles and human rights, which constitutes an essential element of such agreements.

Those agreements shall also, to the extent possible, include:

| (a) | a clause prohibiting the granting of more favourable conditions to other fleets fishing in those waters than those granted to Union economic actors, including conditions concerning the conservation, development and management of resources, financial arrangements, and fees and rights relating to the issuing of fishing authorisations; |
| --- | --- |

(a)

a clause prohibiting the granting of more favourable conditions to other fleets fishing in those waters than those granted to Union economic actors, including conditions concerning the conservation, development and management of resources, financial arrangements, and fees and rights relating to the issuing of fishing authorisations;

| (b) | an exclusivity clause relating to the rule provided for in paragraph 5. |
| --- | --- |

(b)

an exclusivity clause relating to the rule provided for in paragraph 5.

7.   Efforts shall be made at Union level to monitor the activities of Union fishing vessels that operate in non–Union waters outside the framework of Sustainable fisheries partnership agreements.

8.   Member States shall ensure that Union fishing vessels flying their flag and operating outside Union waters are in a position to provide detailed and accurate documentation of all fishing and processing activities.

9.   A fishing authorisation, as referred to in paragraph 5, shall be granted to a vessel which has left the Union fishing fleet register and which has subsequently returned to it within 24 months, only if the owner of that vessel has provided to the competent authorities of the flag Member State all data required to establish that, during that period, the vessel was operating in a manner fully consistent with the standards applicable to a vessel flagged in the Union.

Where the state granting the flag during the period that the vessel was off the Union fishing fleet register became recognised under Union law as a non-cooperating state with regard to combating, deterring and eliminating IUU fishing, or as a state allowing for non-sustainable exploitation of living marine resources, such fishing authorisation shall only be granted if it is established that the vessel's fishing operations ceased and the owner took immediate action to remove the vessel from the register of that state.

10.   The Commission shall arrange for independent ex-ante and ex-post evaluations of each protocol to a Sustainable fisheries partnership agreement, and make them available to the European Parliament and to the Council in good time before it submits to the Council a recommendation to authorise the opening of negotiations for a successor protocol. A summary of such evaluations shall be made publicly available.

Article 32

Financial assistance

1.   The Union shall provide financial assistance to third countries through Sustainable fisheries partnership agreements in order to:

| (a) | support part of the cost of access to the fisheries resources in third country waters; the part of the cost of access to the fisheries resources to be paid by Union vessel owners shall be assessed for each Sustainable fisheries partnership agreement or a Protocol to it and shall be fair, non-discriminatory and commensurate with the benefits provided through the access conditions; |
| --- | --- |

(a)

support part of the cost of access to the fisheries resources in third country waters; the part of the cost of access to the fisheries resources to be paid by Union vessel owners shall be assessed for each Sustainable fisheries partnership agreement or a Protocol to it and shall be fair, non-discriminatory and commensurate with the benefits provided through the access conditions;

| (b) | establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, promote consultation processes with interest groups, and monitoring, control and surveillance capability and other capacity building items relating to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditional upon the achievement of specific results and complementary to and consistent with the development projects and programmes implemented in the third country in question. |
| --- | --- |

(b)

establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, promote consultation processes with interest groups, and monitoring, control and surveillance capability and other capacity building items relating to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditional upon the achievement of specific results and complementary to and consistent with the development projects and programmes implemented in the third country in question.

2.   Under each Sustainable fisheries partnership agreement, the financial assistance for sectoral support shall be decoupled from payments for access to fisheries resources. The Union shall require the achievement of specific results as a condition for payments under the financial assistance, and shall closely monitor progress.

TITLE III

Management of stocks of common interest

Article 33

Principles and objectives of management of stocks of common interest to the Union and third countries and agreements on exchange and joint management

1.   Where stocks of common interest are also exploited by third countries, the Union shall engage with those third countries with a view to ensuring that those stocks are managed in a sustainable manner that is consistent with this Regulation, and in particular with the objective laid down in Article 2(2). Where no formal agreement is reached, the Union shall make every effort to reach common arrangements for fishing of such stocks with a view to making the sustainable management possible, in particular, concerning the objective in Article 2(2), thereby promoting a level–playing field for Union operators.

2.   In order to ensure a sustainable exploitation of stocks shared with third countries and to guarantee stability of the fishing operations of its fleets, the Union shall, in accordance with UNCLOS, endeavour to establish bilateral or multilateral agreements with third countries for the joint management of stocks, including the establishment, where appropriate, of access to waters and resources and conditions for such access, the harmonisation of conservation measures and the exchange of fishing opportunities.

PART VII

AQUACULTURE

Article 34

Promoting sustainable aquaculture

1.   With a view to promoting sustainability and contributing to food security and supplies, growth and employment, the Commission shall establish non-binding Union strategic guidelines on common priorities and targets for the development of sustainable aquaculture activities. Such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the Union and shall form the basis for multiannual national strategic plans, and shall aim at:

| (a) | improving the competitiveness of the aquaculture industry and supporting its development and innovation; |
| --- | --- |

(a)

improving the competitiveness of the aquaculture industry and supporting its development and innovation;

| (b) | reducing the administrative burden and making the implementation of Union law more efficient and responsive to the needs of stakeholders; |
| --- | --- |

(b)

reducing the administrative burden and making the implementation of Union law more efficient and responsive to the needs of stakeholders;

| (c) | encouraging economic activity; |
| --- | --- |

(c)

encouraging economic activity;

| (d) | diversification and improvement of the quality of life in coastal and inland areas; |
| --- | --- |

(d)

diversification and improvement of the quality of life in coastal and inland areas;

| (e) | integrating aquaculture activities into maritime, coastal and inland spatial planning. |
| --- | --- |

(e)

integrating aquaculture activities into maritime, coastal and inland spatial planning.

2.   By ... (26), Member States shall establish a multiannual national strategic plan for the development of aquaculture activities on their territory.

3.   The multiannual national strategic plan shall include the Member State's objectives and the measures and the timetables necessary to achieve them.

4.   Multiannual national strategic plans shall, in particular, have the following aims:

| (a) | administrative simplification, in particular regarding evaluations and impact studies and licenses; |
| --- | --- |

(a)

administrative simplification, in particular regarding evaluations and impact studies and licenses;

| (b) | reasonable certainty for aquaculture operators in relation to access to waters and space; |
| --- | --- |

(b)

reasonable certainty for aquaculture operators in relation to access to waters and space;

| (c) | indicators for environmental, economic and social sustainability; |
| --- | --- |

(c)

indicators for environmental, economic and social sustainability;

| (d) | assessment of other possible cross-border effects, especially on marine biological resources and marine ecosystems in neighbouring Member States; |
| --- | --- |

(d)

assessment of other possible cross-border effects, especially on marine biological resources and marine ecosystems in neighbouring Member States;

| (e) | the creation of synergies between national research programmes and collaboration between the industry and the scientific community; |
| --- | --- |

(e)

the creation of synergies between national research programmes and collaboration between the industry and the scientific community;

| (f) | the promotion of the competitive advantage of sustainable, high quality food; |
| --- | --- |

(f)

the promotion of the competitive advantage of sustainable, high quality food;

| (g) | the promotion of aquaculture practices and research with a view to enhancing positive effects on the environment and on the fish resources, and to reducing negative impacts, including reducing pressure on fish stocks used for feed production, and increasing resource efficiency. |
| --- | --- |

(g)

the promotion of aquaculture practices and research with a view to enhancing positive effects on the environment and on the fish resources, and to reducing negative impacts, including reducing pressure on fish stocks used for feed production, and increasing resource efficiency.

5.   Member States shall exchange information and best practices through an open method of coordination of the national measures contained in multiannual national strategic plans.

6.   The Commission shall encourage the exchange of information and best practices among Member States and shall facilitate the coordination of national measures foreseen in the multiannual national strategic plan.

PART VIII

COMMON MARKET ORGANISATION

Article 35

Objectives

1.   A common organisation of the markets in fishery and aquaculture products (the common market organisation) shall be established to:

| (a) | contribute to the achievement of the objectives set out in Article 2, and in particular to the sustainable exploitation of living marine biological resources; |
| --- | --- |

(a)

contribute to the achievement of the objectives set out in Article 2, and in particular to the sustainable exploitation of living marine biological resources;

| (b) | enable the fishery and aquaculture industry to apply the CFP at the appropriate level; |
| --- | --- |

(b)

enable the fishery and aquaculture industry to apply the CFP at the appropriate level;

| (c) | strengthen the competitiveness of the Union fishery and aquaculture industry, in particular producers; |
| --- | --- |

(c)

strengthen the competitiveness of the Union fishery and aquaculture industry, in particular producers;

| (d) | improve the transparency and stability of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain, ensure that the distribution of added value along the sector's supply chain is more balanced, improve consumer information and raise awareness, by means of notification and labelling that provides comprehensible information; |
| --- | --- |

(d)

improve the transparency and stability of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain, ensure that the distribution of added value along the sector's supply chain is more balanced, improve consumer information and raise awareness, by means of notification and labelling that provides comprehensible information;

| (e) | contribute to ensuring a level–playing field for all products marketed in the Union by promoting sustainable exploitation of fisheries resources; |
| --- | --- |

(e)

contribute to ensuring a level–playing field for all products marketed in the Union by promoting sustainable exploitation of fisheries resources;

| (f) | contribute to ensuring that consumers have a diverse supply of fishery and aquaculture products; |
| --- | --- |

(f)

contribute to ensuring that consumers have a diverse supply of fishery and aquaculture products;

| (g) | provide the consumer with verifiable and accurate information regarding the origin of the product and its mode of production, in particular through marking and labelling. |
| --- | --- |

(g)

provide the consumer with verifiable and accurate information regarding the origin of the product and its mode of production, in particular through marking and labelling.

2.   The common market organisation shall apply to the fishery and aquaculture products listed in Annex I to Regulation (EU) No .../2013 of the European Parliament and of the Council (27), which are marketed in the Union.

3.   The common market organisation shall include, in particular:

| (a) | the organisation of the industry including market stabilization measures; |
| --- | --- |

(a)

the organisation of the industry including market stabilization measures;

| (b) | the production and marketing plans of fishery and aquaculture producer organisations; |
| --- | --- |

(b)

the production and marketing plans of fishery and aquaculture producer organisations;

| (c) | common marketing standards; |
| --- | --- |

(c)

common marketing standards;

| (d) | consumer information. |
| --- | --- |

(d)

consumer information.

PART IX

CONTROL AND ENFORCEMENT

Article 36

Objectives

1.   Compliance with the CFP rules shall be ensured through an effective Union fisheries control system, including the fight against IUU fishing.

2.   Control and enforcement of the CFP shall in particular be based on and shall include the following:

| (a) | a global, integrated and common approach; |
| --- | --- |

(a)

a global, integrated and common approach;

| (b) | cooperation and coordination between Member States, the Commission and the Agency; |
| --- | --- |

(b)

cooperation and coordination between Member States, the Commission and the Agency;

| (c) | cost-efficiency and proportionality; |
| --- | --- |

(c)

cost-efficiency and proportionality;

| (d) | the use of efficient control technologies for the availability and quality of data on fisheries; |
| --- | --- |

(d)

the use of efficient control technologies for the availability and quality of data on fisheries;

| (e) | a Union framework for control, inspection and enforcement; |
| --- | --- |

(e)

a Union framework for control, inspection and enforcement;

| (f) | a risk-based strategy focused on systematic and automated cross-checks of all available relevant data; |
| --- | --- |

(f)

a risk-based strategy focused on systematic and automated cross-checks of all available relevant data;

| (g) | the development of a culture of compliance and co-operation among all operators and fishermen. |
| --- | --- |

(g)

the development of a culture of compliance and co-operation among all operators and fishermen.

The Union shall adopt appropriate measures with regard to third countries which allow non-sustainable fishing.

3.   Member States shall adopt appropriate measures for ensuring control, inspection and enforcement of activities carried out within the scope of the CFP, including the establishment of effective, proportionate and dissuasive penalties.

Article 37

Expert group on compliance

1.   An expert group on compliance shall be established by the Commission to assess, facilitate and strengthen the implementation of, and compliance with, the obligations under the Union fisheries control system.

2.   The expert group on compliance shall be composed of representatives of the Commission and the Member States. At the request of the European Parliament, the Commission may invite the European Parliament to send experts to attend meetings of the expert group. The Agency may assist the expert group on compliance meetings as an observer.

3.   The expert group shall in particular:

| (a) | regularly review issues of compliance and implementation under Union fisheries control system and identify possible difficulties of common interest in implementation of the CFP rules; |
| --- | --- |

(a)

regularly review issues of compliance and implementation under Union fisheries control system and identify possible difficulties of common interest in implementation of the CFP rules;

| (b) | formulate advice in relation to the implementation of the CFP rules, including prioritisation of Union financial assistance; and |
| --- | --- |

(b)

formulate advice in relation to the implementation of the CFP rules, including prioritisation of Union financial assistance; and

| (c) | exchange information on control and inspection activities, including the fight against IUU fishing. |
| --- | --- |

(c)

exchange information on control and inspection activities, including the fight against IUU fishing.

4.   The European Parliament and the Council shall be kept fully informed on a regular basis by the expert group on compliance activities referred to in paragraph 3.

Article 38

Pilot projects on new control technologies and data management systems

The Commission and the Member States may carry out pilot projects on new control technologies and systems for data management.

Article 39

Contribution to control, inspection, enforcement and data collection costs

Member States may require their operators to contribute proportionally to the operational costs of implementing the Union fisheries control system and of data collection.

PART X

FINANCIAL INSTRUMENTS

Article 40

Objectives

Union financial assistance may be granted to contribute to the achievement of the objectives set out in Article 2.

Article 41

Conditions for financial assistance to Member States

1.   Subject to the conditions to be specified in the applicable Union legal acts, Union financial assistance to Member States shall be conditional upon compliance with the CFP rules by Member States.

2.   Non–compliance by Member States with the CFP rules may result in the interruption or suspension of payments or in the application of a financial correction to Union financial assistance under the CFP. Such measures shall be proportionate to the nature, gravity, duration and repetition of the non–compliance.

Article 42

Conditions for financial assistance to operators

1.   Subject to the conditions to be specified in the applicable Union legal acts, Union financial assistance to operators shall be conditional upon compliance with the CFP rules by operators.

2.   Subject to specific rules to be adopted, serious infringements by operators of the CFP rules shall result in temporary or permanent bans on access to the Union financial assistance and/or the application of financial reductions. Such measures, taken by the Member State, shall be dissuasive, effective and proportionate to the nature, gravity, duration and repetition of serious infringements.

3.   Member States shall ensure that Union financial assistance is granted only if no penalties for serious infringements have been imposed on the operator concerned within a period of one year prior to the date of application for Union financial assistance.

PART XI

ADVISORY COUNCILS

Article 43

Establishment of Advisory Councils

1.   Advisory Councils shall be established for each of the geographical areas or fields of competence set out in Annex III, in order to promote a balanced representation of all stakeholders in accordance with Article 45(1) and to contribute to the achievement of the objectives set out in Article 2.

2.   In particular, the following new Advisory Councils shall be established, in accordance with Annex III:

| (a) | an Advisory Council for the outermost regions, divided into three sections for each of the following sea basins: West Atlantic, East Atlantic and Indian Ocean; |
| --- | --- |

(a)

an Advisory Council for the outermost regions, divided into three sections for each of the following sea basins: West Atlantic, East Atlantic and Indian Ocean;

| (b) | an Advisory Council for aquaculture; |
| --- | --- |

(b)

an Advisory Council for aquaculture;

| (c) | an Advisory Council for markets; |
| --- | --- |

(c)

an Advisory Council for markets;

| (d) | an Advisory Council for the Black Sea. |
| --- | --- |

(d)

an Advisory Council for the Black Sea.

3.   Each Advisory Council shall establish its rules of procedure.

Article 44

Tasks of Advisory Councils

1.   When applying this Regulation, the Commission shall, where relevant, consult the Advisory Councils.

2.   Advisory Councils may:

| (a) | 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, and, in particular, recommendations on how to simplify rules on fisheries management; |
| --- | --- |

(a)

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, and, in particular, recommendations on how to simplify rules on fisheries management;

| (b) | 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 geographical area or field of competence and propose solutions to overcome those problems; |
| --- | --- |

(b)

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 geographical area or field of competence and propose solutions to overcome those problems;

| (c) | contribute, in close cooperation with scientists, to the collection, supply and analysis of data necessary for the development of conservation measures. |
| --- | --- |

(c)

contribute, in close cooperation with scientists, to the collection, supply and analysis of data necessary for the development of conservation measures.

If an issue is of common interest to two or more Advisory Councils, they shall coordinate their positions with a view to adopting joint recommendations on that issue.

3.   Advisory Councils shall be consulted on joint recommendations pursuant to Article 18. They may also be consulted by the Commission and by Member States in respect of other measures. Their advice shall be taken into account. Those consultations shall be without prejudice to the consultation of STECF or other scientific bodies. The opinions of the Advisory Councils may be submitted to all Member States concerned and to the Commission.

4.   The Commission and, where relevant, the Member State concerned shall reply within two months to any recommendation, suggestion or information received pursuant to paragraph 1. Where the final measures that are adopted diverge from the Advisory Councils' opinions, recommendations and suggestions received pursuant to paragraph 1, the Commission or the Member State concerned shall state detailed reasons for the divergence.

Article 45

Composition, functioning and funding of Advisory Councils

1.   Advisory Councils shall be composed of:

| (a) | organisations representing the fisheries and, where appropriate, aquaculture operators, and representatives of the processing and marketing sectors; |
| --- | --- |

(a)

organisations representing the fisheries and, where appropriate, aquaculture operators, and representatives of the processing and marketing sectors;

| (b) | other interest groups affected by the CFP (e.g. environmental organisations and consumer groups). |
| --- | --- |

(b)

other interest groups affected by the CFP (e.g. environmental organisations and consumer groups).

2.   Each Advisory Council shall consist of a general assembly and an executive committee, including, as appropriate, a secretariat and working groups to deal with issues of regional cooperation pursuant to Article 18, and shall adopt the measures necessary for its functioning.

3.   Advisory Councils shall function and receive financing as provided for in Annex III.

4.   The Commission shall be empowered to adopt delegated acts, in accordance with Article 46, laying down detailed rules on the functioning of Advisory Councils.

PART XII

PROCEDURAL PROVISIONS

Article 46

Exercise of delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 11(3), Article 15(2), (3), (6), (7) and Article 45(4) shall be conferred on the Commission for a period of five years from ... (28). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Article 11(3), Article 15(2), (3), (6), (7) and Article 45(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 11(3), Article 15(2), (3), (6), (7) and Article 45(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 47

Committee procedure

1.   The Commission shall be assisted by a Committee for fisheries and aquaculture. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the committee delivers no opinion on a draft implementing act to be adopted pursuant to Article 23, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

PART XIII

FINAL PROVISIONS

Article 48

Repeals and amendments

1.   Regulation (EC) No 2371/2002 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation.

2.   Decision (EC) No 2004/585/EC is repealed with effect from the entry into force of the rules adopted under Article 45(4) of this Regulation.

3.   Article 5 of Council Regulation (EC) No 1954/2003 (29) shall be deleted.

4.   Council Regulation (EC) No 639/2004 (30) is repealed.

5.   In Article 105 of Regulation (EC) No 1224/2009, the following paragraph is inserted:

‘3a.   By way of derogation from paragraphs 2 and 3, no multiplying factor shall be applied to catches which are subject to an obligation to land in accordance with Article 15 of the Regulation (EU) No .../2013 of the European Parliament and of the Council of ... on the Common Fisheries Policy (31), provided that the extent of overfishing relative to the permitted landings does not exceed 10 %.

Article 49

Review

The Commission shall report to the European Parliament and to the Council on the functioning of the CFP by 31 December 2022.

Article 50

Annual report

The Commission shall report annually to the European Parliament and to the Council on the progress on achieving maximum sustainable yield and on the situation of fish stocks, as early as possible following the adoption of the yearly Council Regulation fixing the fishing opportunities available in Union waters and, in certain non-Union waters, to Union vessels.

Article 51

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

It shall apply from 1 January 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...

For the European Parliament

The President

...

For the Council

The President

...

---

(1)  OJ C 181, 21.6.2012, p. 183.

1

(2)  OJ C 225, 27.7.2012, p. 20.

2

(3)  Position of the European Parliament of 6 February 2013 (not yet published in the Official Journal) and Position of the Council at first reading of 17 October 2013. Position of the European Parliament of ... and decision of the Council of ....

3

(4)  Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59).

4

(5)  The United Nations Convention on the Law of the Sea and of the Agreement on the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 3).

5

(6)  Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1).

6

(7)  Council Decision 98/414/EC of 8 June 1998 on the ratification by the European Community of the Agreement for the implementing 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 stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 14).

7

(8)  Agreement on 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 (OJ L 189, 3.7.1998, p. 16).

8

(9)  Council Decision 96/428/EC of 25 June 1996 on acceptance by the Community of the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas (OJ L 177, 16.7.1996, p. 24).

9

(10)  Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas (OJ L 177, 16.7.1996, p. 26).

10

(11)  Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).

11

(12)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

12

(13)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

13

(14)  Council resolution of 3 November 1976 on certain external aspects of the creation of a 200-mile fishing zone in the Community with effect from 1 January 1977 (OJ C 105, 7.5.1981, p. 1).

14

(15)  Commission Decision 93/619/EC of 19 November 1993 relating to the institution of a Scientific, Technical and Economic Committee for Fisheries (OJ L 297, 2.12.1993, p. 25).

15

(16)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

16

(17)  Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy (OJ L 256, 3.8.2004, p. 17).

17

(18)  Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).

18

(19)  Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (OJ L 274, 25.9.1986, p. 1).

19

(20)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

20

(21)  Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

21

(22)  ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).

22

(23)  CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).

23

(24)  Date of application of this Regulation.

24

(25)  Five years following the date of entry into force of this Regulation.

25

(26)  Six months after the date of entry into force of this Regulation.

26

(27)  Regulation (EU) No .../2013 of the European Parliament and of the Council of ... on the common organisation of the markets in fishery and aquaculture products (see Position (EU) No 10/2013 of the Council at first reading, p. 46 of this Official Journal).

27

(28)  Date of entry into force of this Regulation.

28

(29)  Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95 (OJ L 289, 7.11.2003, p. 1).

29

(30)  Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions (OJ L 102, 7.4.2004, p. 9).

30

(31)  OJ L ...’.

31

---

ANNEX I

ACCESS TO COASTAL WATERS WITHIN THE MEANING OF ARTICLE 5(2)

1.   Coastal waters of the United Kingdom

A.   Access for France

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) |
| 1. | Berwick-upon-Tweed east
  Coquet Island east |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

Berwick-upon-Tweed east

Coquet Island east

Herring

Unlimited

| 2. | Flamborough Head east
  Spurn Head east |
| --- | --- |

2.

Flamborough Head east

Spurn Head east

Herring

Unlimited

| 3. | Lowestoft east
  Lyme Regis south |
| --- | --- |

3.

Lowestoft east

Lyme Regis south

All species

Unlimited

| 4. | Lyme Regis south
  Eddystone south |
| --- | --- |

4.

Lyme Regis south

Eddystone south

Demersal

Unlimited

| 5. | Eddystone south
  Longships south-west |
| --- | --- |

5.

Eddystone south

Longships south-west

Demersal

Unlimited

Scallops

Unlimited

Lobster

Unlimited

Crawfish

Unlimited

| 6. | Longships south-west
  Hartland Point north-west |
| --- | --- |

6.

Longships south-west

Hartland Point north-west

Demersal

Unlimited

Crawfish

Unlimited

Lobster

Unlimited

| 7. | Hartland Point to a line from the north of Lundy Island |
| --- | --- |

7.

Hartland Point to a line from the north of Lundy Island

Demersal

Unlimited

| 8. | From a line due west Lundy Island to Cardigan Harbour |
| --- | --- |

8.

From a line due west Lundy Island to Cardigan Harbour

All species

Unlimited

| 9. | Point Lynas North
  Morecambe Light Vessel east |
| --- | --- |

9.

Point Lynas North

Morecambe Light Vessel east

All species

Unlimited

| 10. | County Down |
| --- | --- |

10.

County Down

Demersal

Unlimited

| 11. | New Island north-east
  Sanda Island south-west |
| --- | --- |

11.

New Island north-east

Sanda Island south-west

All species

Unlimited

| 12. | Port Stewart north
  Barra Head west |
| --- | --- |

12.

Port Stewart north

Barra Head west

All species

Unlimited

| 13. | Latitude 57°40′N
  Butt of Lewis west |
| --- | --- |

13.

Latitude 57°40′N

Butt of Lewis west

All species,

except shellfish

Unlimited

| 14. | St Kilda, Flannan Islands |
| --- | --- |

14.

St Kilda, Flannan Islands

All species

Unlimited

| 15. | West of the line joining Butt of Lewis lighthouse to the point 59°30′N-5°45′W |
| --- | --- |

15.

West of the line joining Butt of Lewis lighthouse to the point 59°30′N-5°45′W

All species

Unlimited

B.   Access for Ireland

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) |
| 1. | Point Lynas north
  Mull of Galloway south |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

Point Lynas north

Mull of Galloway south

Demersal

Unlimited

Nephrops

Unlimited

| 2. | Mull of Oa west
  Barra Head west |
| --- | --- |

2.

Mull of Oa west

Barra Head west

Demersal

Unlimited

Nephrops

Unlimited

C.   Access for Germany

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) |
| 1. | East of Shetlands and Fair Isle between lines drawn due south-east from Sumbrugh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

East of Shetlands and Fair Isle between lines drawn due south-east from Sumbrugh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse

Herring

Unlimited

| 2. | Berwick-upon-Tweed east, Whitby High lighthouse east |
| --- | --- |

2.

Berwick-upon-Tweed east, Whitby High lighthouse east

Herring

Unlimited

| 3. | North Foreland lighthouse east, Dungeness new lighthouse south |
| --- | --- |

3.

North Foreland lighthouse east, Dungeness new lighthouse south

Herring

Unlimited

| 4. | Zone around St Kilda |
| --- | --- |

4.

Zone around St Kilda

Herring

Unlimited

Mackerel

Unlimited

| 5. | Butt of Lewis lighthouse west to the line joining Butt of Lewis lighthouse and the point 59°30′N-5°45′W |
| --- | --- |

5.

Butt of Lewis lighthouse west to the line joining Butt of Lewis lighthouse and the point 59°30′N-5°45′W

Herring

Unlimited

| 6. | Zone around North Rona and Sulisker (Sulasgeir) |
| --- | --- |

6.

Zone around North Rona and Sulisker (Sulasgeir)

Herring

Unlimited

D.   Access for the Netherlands

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) |
| 1. | East of Shetlands and Fair Isle between lines drawn due south-east from Sumburgh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

East of Shetlands and Fair Isle between lines drawn due south-east from Sumburgh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse

Herring

Unlimited

| 2. | Berwick upon Tweed east, Flamborough Head east |
| --- | --- |

2.

Berwick upon Tweed east, Flamborough Head east

Herring

Unlimited

| 3. | North Foreland east, Dungeness new lighthouse south |
| --- | --- |

3.

North Foreland east, Dungeness new lighthouse south

Herring

Unlimited

E.   Access for Belgium

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) |
| 1. | Berwick upon Tweed east
  Coquet Island east |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

Berwick upon Tweed east

Coquet Island east

Herring

Unlimited

| 2. | Cromer north
  North Foreland east |
| --- | --- |

2.

Cromer north

North Foreland east

Demersal

Unlimited

| 3. | North Foreland east
  Dungeness new lighthouse south |
| --- | --- |

3.

North Foreland east

Dungeness new lighthouse south

Demersal

Unlimited

Herring

Unlimited

| 4. | Dungeness new lighthouse south, Selsey Bill south |
| --- | --- |

4.

Dungeness new lighthouse south, Selsey Bill south

Demersal

Unlimited

| 5. | Straight Point south-east, South Bishop north-west |
| --- | --- |

5.

Straight Point south-east, South Bishop north-west

Demersal

Unlimited

2.   Coastal waters of Ireland

A.   Access for France

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 nautical miles) |
| 1. | Erris Head north-west
  Sybil Point west |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 nautical miles)

1.

Erris Head north-west

Sybil Point west

Demersal

Unlimited

Nephrops

Unlimited

| 2. | Mizen Head south
  Stags south |
| --- | --- |

2.

Mizen Head south

Stags south

Demersal

Unlimited

Nephrops

Unlimited

Mackerel

Unlimited

| 3. | Stags south
  Cork south |
| --- | --- |

3.

Stags south

Cork south

Demersal

Unlimited

Nephrops

Unlimited

Mackerel

Unlimited

Herring

Unlimited

| 4. | Cork south, Carnsore Point south |
| --- | --- |

4.

Cork south, Carnsore Point south

All species

Unlimited

| 5. | Carnsore Point south, Haulbowline south-east |
| --- | --- |

5.

Carnsore Point south, Haulbowline south-east

All species, except shellfish

Unlimited

B.   Access for the United Kingdom

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 miles) |
| 1. | Mine Head south
  Hook Point |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 miles)

1.

Mine Head south

Hook Point

Demersal

Unlimited

Herring

Unlimited

Mackerel

Unlimited

| 2. | Hook Point
  Carlingford Lough |
| --- | --- |

2.

Hook Point

Carlingford Lough

Demersal

Unlimited

Herring

Unlimited

Mackerel

Unlimited

Nephrops

Unlimited

Scallops

Unlimited

C.   Access for the Netherlands

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 miles) |
| 1. | Stags south
  Carnsore Point south |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 miles)

1.

Stags south

Carnsore Point south

Herring

Unlimited

Mackerel

Unlimited

D.   Access for Germany

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 nautical miles) |
| 1. | Old Head of Kinsale south
  Carnsore Point south |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 nautical miles)

1.

Old Head of Kinsale south

Carnsore Point south

Herring

Unlimited

| 2. | Cork south
  Carnsore Point south |
| --- | --- |

2.

Cork south

Carnsore Point south

Mackerel

Unlimited

E.   Access for Belgium

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 nautical miles) |
| 1. | Cork south
  Carnsore Point south |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 nautical miles)

1.

Cork south

Carnsore Point south

Demersal

Unlimited

| 2. | Wicklow Head east
  Carlingford Lough south-east |
| --- | --- |

2.

Wicklow Head east

Carlingford Lough south-east

Demersal

Unlimited

3.   Coastal waters of Belgium

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| 3 to 12 nautical miles | Netherlands | All species | Unlimited |
| | France | Herring | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

3 to 12 nautical miles

Netherlands

All species

Unlimited

France

Herring

Unlimited

4.   Coastal waters of Denmark

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| North Sea coast (Danish/German frontier to Hanstholm)
  (6 to 12 nautical miles) |
| Danish/German frontier to Blåvands Huk | Germany | Flatfish | Unlimited |
| Shrimps and prawns | Unlimited |
| Netherlands | Flatfish | Unlimited |
| Roundfish | Unlimited |
| Blåvands Huk to Bovbjerg | Belgium | Cod | Unlimited only from 1 June to 31 July |
| Haddock | Unlimited only from 1 June to 31 July |
| Germany | Flatfish | Unlimited |
| Netherlands | Plaice | Unlimited |
| Sole | Unlimited |
| Thyborøn to Hanstholm | Belgium | Whiting | Unlimited only from 1 June to 31 July |
| Plaice | Unlimited only from 1 June to 31 July |
| Germany | Flatfish | Unlimited |
| Sprat | Unlimited |
| Cod | Unlimited |
| Saithe | Unlimited |
| Haddock | Unlimited |
| Mackerel | Unlimited |
| Herring | Unlimited |
| Whiting | Unlimited |
| Netherlands | Cod | Unlimited |
| Plaice | Unlimited |
| Sole | Unlimited |
| Skagerrak
  (Hanstholm to Skagen)
  (4 to 12 nautical miles) | Belgium | Plaice | Unlimited only from 1 June to 31 July |
| Germany | Flatfish | Unlimited |
| Sprat | Unlimited |
| Cod | Unlimited |
| Saithe | Unlimited |
| Haddock | Unlimited |
| Mackerel | Unlimited |
| Herring | Unlimited |
| Whiting | Unlimited |
| Netherlands | Cod | Unlimited |
| Plaice | Unlimited |
| Sole | Unlimited |
| Kattegat
  (3 to 12 miles) | Germany | Cod | Unlimited |
| Flatfish | Unlimited |
| Nephrops | Unlimited |
| Herring | Unlimited |
| North of Zeeland to the parallel of the latitude passing through Forsnæs lighthouse | Germany | Sprat | Unlimited |
| Baltic Sea
  (including Belts, Sound, Bornholm) (3 to 12 nautical miles) | Germany | Flatfish | Unlimited |
| Cod | Unlimited |
| Herring | Unlimited |
| Sprat | Unlimited |
| Eel | Unlimited |
| Salmon | Unlimited |
| Whiting | Unlimited |
| Mackerel | Unlimited |
| Skagerrak
  (4 to 12 miles) | Sweden | All species | Unlimited |
| Kattegat
  (3 to 12 miles (1)) | Sweden | All species | Unlimited |
| Baltic Sea
  (3 to 12 miles) | Sweden | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

North Sea coast (Danish/German frontier to Hanstholm)

(6 to 12 nautical miles)

Danish/German frontier to Blåvands Huk

Germany

Flatfish

Unlimited

Shrimps and prawns

Unlimited

Netherlands

Flatfish

Unlimited

Roundfish

Unlimited

Blåvands Huk to Bovbjerg

Belgium

Cod

Unlimited only from 1 June to 31 July

Haddock

Unlimited only from 1 June to 31 July

Germany

Flatfish

Unlimited

Netherlands

Plaice

Unlimited

Sole

Unlimited

Thyborøn to Hanstholm

Belgium

Whiting

Unlimited only from 1 June to 31 July

Plaice

Unlimited only from 1 June to 31 July

Germany

Flatfish

Unlimited

Sprat

Unlimited

Cod

Unlimited

Saithe

Unlimited

Haddock

Unlimited

Mackerel

Unlimited

Herring

Unlimited

Whiting

Unlimited

Netherlands

Cod

Unlimited

Plaice

Unlimited

Sole

Unlimited

Skagerrak

(Hanstholm to Skagen)

(4 to 12 nautical miles)

Belgium

Plaice

Unlimited only from 1 June to 31 July

Germany

Flatfish

Unlimited

Sprat

Unlimited

Cod

Unlimited

Saithe

Unlimited

Haddock

Unlimited

Mackerel

Unlimited

Herring

Unlimited

Whiting

Unlimited

Netherlands

Cod

Unlimited

Plaice

Unlimited

Sole

Unlimited

Kattegat

(3 to 12 miles)

Germany

Cod

Unlimited

Flatfish

Unlimited

Nephrops

Unlimited

Herring

Unlimited

North of Zeeland to the parallel of the latitude passing through Forsnæs lighthouse

Germany

Sprat

Unlimited

Baltic Sea

(including Belts, Sound, Bornholm) (3 to 12 nautical miles)

Germany

Flatfish

Unlimited

Cod

Unlimited

Herring

Unlimited

Sprat

Unlimited

Eel

Unlimited

Salmon

Unlimited

Whiting

Unlimited

Mackerel

Unlimited

Skagerrak

(4 to 12 miles)

Sweden

All species

Unlimited

Kattegat

(3 to 12 miles (1))

Sweden

All species

Unlimited

Baltic Sea

(3 to 12 miles)

Sweden

All species

Unlimited

5.   Coastal waters of Germany

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| North Sea coast
  (3 to 12 nautical miles)
  all coasts | Denmark | Demersal | Unlimited |
| Sprat | Unlimited |
| Sandeel | Unlimited |
| Netherlands | Demersal | Unlimited |
| Shrimps and prawns | Unlimited |
| Danish/German frontier to the northern tip of Amrum at 54°43′N | Denmark | Shrimps and prawns | Unlimited |
| Zone around Helgoland | United Kingdom | Cod | Unlimited |
| Plaice | Unlimited |
| Baltic coast
  (3 to 12 miles) | Denmark | Cod | Unlimited |
| Plaice | Unlimited |
| Herring | Unlimited |
| Sprat | Unlimited |
| Eel | Unlimited |
| Whiting | Unlimited |
| Mackerel | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

North Sea coast

(3 to 12 nautical miles)

all coasts

Denmark

Demersal

Unlimited

Sprat

Unlimited

Sandeel

Unlimited

Netherlands

Demersal

Unlimited

Shrimps and prawns

Unlimited

Danish/German frontier to the northern tip of Amrum at 54°43′N

Denmark

Shrimps and prawns

Unlimited

Zone around Helgoland

United Kingdom

Cod

Unlimited

Plaice

Unlimited

Baltic coast

(3 to 12 miles)

Denmark

Cod

Unlimited

Plaice

Unlimited

Herring

Unlimited

Sprat

Unlimited

Eel

Unlimited

Whiting

Unlimited

Mackerel

Unlimited

6.   Coastal waters of France and the overseas departments

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| North-east Atlantic coast (6 to 12 nautical miles) |
| Belgian/French frontier to east of Departement Manche (Vire-Grandcamp les Bains estuary 49° 23′ 30′′ N-1° 2 ′WNNE) | Belgium | Demersal | Unlimited |
| Scallops | Unlimited |
| Netherlands | All Species | Unlimited |
| Dunkerque (2° 20′ E) to Cap d'Antifer (0° 10′ E) | Germany | Herring | Unlimited only from 1 October to 31 December |
| Belgian/French frontier to Cap d'Alprech west (50° 42 30′′ N — 1° 33′ 30′′ E) | United Kingdom | Herring | Unlimited |
| Atlantic Coast (6 to 12 nautical miles) | | | |
| Spanish/French frontier to 46° 08′ N | Spain | Anchovies | Directed fishing, unlimited only from 1 March to 30 June |
| Fishing for live bait from 1 July to 31 October only |
| Sardines | Unlimited only from 1 January to 28 February and from 1 July to 31 December |
| In addition, activities relating to the abovementioned species must be pursued in accordance with, and within the limits of, the activities pursued during 1984 |
| Mediterranean coast (6 to 12 nautical miles) | | | |
| Spanish frontier Cap Leucate | Spain | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

North-east Atlantic coast (6 to 12 nautical miles)

Belgian/French frontier to east of Departement Manche (Vire-Grandcamp les Bains estuary 49° 23′ 30′′ N-1° 2 ′WNNE)

Belgium

Demersal

Unlimited

Scallops

Unlimited

Netherlands

All Species

Unlimited

Dunkerque (2° 20′ E) to Cap d'Antifer (0° 10′ E)

Germany

Herring

Unlimited only from 1 October to 31 December

Belgian/French frontier to Cap d'Alprech west (50° 42 30′′ N — 1° 33′ 30′′ E)

United Kingdom

Herring

Unlimited

Atlantic Coast (6 to 12 nautical miles)

Spanish/French frontier to 46° 08′ N

Spain

Anchovies

Directed fishing, unlimited only from 1 March to 30 June

Fishing for live bait from 1 July to 31 October only

Sardines

Unlimited only from 1 January to 28 February and from 1 July to 31 December

In addition, activities relating to the abovementioned species must be pursued in accordance with, and within the limits of, the activities pursued during 1984

Mediterranean coast (6 to 12 nautical miles)

Spanish frontier Cap Leucate

Spain

All species

Unlimited

7.   Coastal waters of Spain

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| Atlantic coast (6 to 12 nautical miles) |
| French/Spanish frontier to Cap Mayor lighthouse (3° 47′ W) | France | Pelagic | Unlimited in accordance with, and within the limits of, the activities pursued during 1984 |
| Mediterranean coast (6 to 12 nautical miles) | | | |
| French frontier/Cap Creus | France | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

Atlantic coast (6 to 12 nautical miles)

French/Spanish frontier to Cap Mayor lighthouse (3° 47′ W)

France

Pelagic

Unlimited in accordance with, and within the limits of, the activities pursued during 1984

Mediterranean coast (6 to 12 nautical miles)

French frontier/Cap Creus

France

All species

Unlimited

8.   Coastal waters of Croatia
   (2)

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| 12 miles limited to the sea area under the sovereignty of Croatia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana) | Slovenia | Demersal and small pelagic species including sardine and anchovy | 100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets |

Geographical area

Member State

Species

Importance or particular characteristics

12 miles limited to the sea area under the sovereignty of Croatia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana)

Slovenia

Demersal and small pelagic species including sardine and anchovy

100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets

9.   Coastal waters of the Netherlands

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| (3 to 12 nautical miles) whole coast | Belgium | All species | Unlimited |
| Denmark | Demersal | Unlimited |
| Sprat | Unlimited |
| Sandeel | Unlimited |
| Horse-mackerel | Unlimited |
| Germany | Cod | Unlimited |
| Shrimps and prawns | Unlimited |
| (6 to 12 nautical miles) whole coast | France | All species | Unlimited |
| Texel south point, west to the Netherlands/German frontier | United Kingdom | Demersal | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

(3 to 12 nautical miles) whole coast

Belgium

All species

Unlimited

Denmark

Demersal

Unlimited

Sprat

Unlimited

Sandeel

Unlimited

Horse-mackerel

Unlimited

Germany

Cod

Unlimited

Shrimps and prawns

Unlimited

(6 to 12 nautical miles) whole coast

France

All species

Unlimited

Texel south point, west to the Netherlands/German frontier

United Kingdom

Demersal

Unlimited

10.   Coastal waters of Slovenia
   (3)

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| 12 miles limited to the sea area under the sovereignty of Slovenia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana) | Croatia | Demersal and small pelagic species including sardine and anchovy | 100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets |

Geographical area

Member State

Species

Importance or particular characteristics

12 miles limited to the sea area under the sovereignty of Slovenia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana)

Croatia

Demersal and small pelagic species including sardine and anchovy

100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets

11.   Coastal waters of Finland

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| Baltic Sea (4 to 12 miles) (4) | Sweden | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

Baltic Sea (4 to 12 miles) (4)

Sweden

All species

Unlimited

12.   Coastal waters of Sweden

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| Skagerrak (4 to 12 nautical miles) | Denmark | All species | Unlimited |
| Kattegat (3 to 12 miles (5)) | Denmark | All species | Unlimited |
| Baltic Sea (4 to 12 miles) | Denmark | All species | Unlimited |
| Finland | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

Skagerrak (4 to 12 nautical miles)

Denmark

All species

Unlimited

Kattegat (3 to 12 miles (5))

Denmark

All species

Unlimited

Baltic Sea (4 to 12 miles)

Denmark

All species

Unlimited

Finland

All species

Unlimited

---

(1)  Measured from the coastline.

(2)  The above mentioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009.

(3)  The above mentioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009.

(4)  3 to 12 miles around Bogskär Isles.

(5)  Measured from the coastline.

---

ANNEX II

FISHING CAPACITY CEILINGS

| Member State | Capacity ceilings |
| --- | --- |
| GT | kW |
| Belgium | 18 962 | 51 586 |
| Bulgaria | 7 250 | 62 708 |
| Denmark | 88 762 | 313 333 |
| Germany | 71 117 | 167 078 |
| Estonia | 21 677 | 52 566 |
| Ireland | 77 568 | 210 083 |
| Greece | 84 123 | 469 061 |
| Spain (including outermost regions) | 423 550 | 964 826 |
| France (including outermost regions) | 214 282 | 1 166 328 |
| Croatia | 53 452 | 426 064 |
| Italy | 173 506 | 1 070 028 |
| Cyprus | 11 021 | 47 803 |
| Latvia | 46 418 | 58 496 |
| Lithuania | 73 489 | 73 516 |
| Malta | 14 965 | 95 776 |
| Netherlands | 166 859 | 350 736 |
| Poland | 38 270 | 90 650 |
| Portugal (including outermost regions) | 114 549 | 386 539 |
| Romania | 1 908 | 6 356 |
| Slovenia | 675 | 8 867 |
| Finland | 18 066 | 181 717 |
| Sweden | 43 386 | 210 829 |
| United Kingdom | 231 106 | 909 141 |

Member State

Capacity ceilings

GT

kW

Belgium

18 962

51 586

Bulgaria

7 250

62 708

Denmark

88 762

313 333

Germany

71 117

167 078

Estonia

21 677

52 566

Ireland

77 568

210 083

Greece

84 123

469 061

Spain (including outermost regions)

423 550

964 826

France (including outermost regions)

214 282

1 166 328

Croatia

53 452

426 064

Italy

173 506

1 070 028

Cyprus

11 021

47 803

Latvia

46 418

58 496

Lithuania

73 489

73 516

Malta

14 965

95 776

Netherlands

166 859

350 736

Poland

38 270

90 650

Portugal (including outermost regions)

114 549

386 539

Romania

1 908

6 356

Slovenia

675

8 867

Finland

18 066

181 717

Sweden

43 386

210 829

United Kingdom

231 106

909 141

| Outermost regions of the Union | Capacity ceilings |
| --- | --- |
| GT | kW |
| Spain |
| Canary Islands: L (1) < 12 m. Union waters | 2 617 | 20 863 |
| Canary Islands: L > 12 m. Union waters | 3 059 | 10 364 |
| Canary Islands: L > 12 m. International and third country waters | 28 823 | 45 593 |
| France |
| Reunion Island: Demersal and pelagic species. L < 12 m | 1 050 | 19 320 |
| Reunion Island: Pelagic species. L > 12 m | 10 002 | 31 465 |
| French Guyana: Demersal and pelagic species. Length < 12 m | 903 | 11 644 |
| French Guyana: Shrimp vessels | 7 560 | 19 726 |
| French Guyana: Pelagic species. Offshore vessels. | 3 500 | 5 000 |
| Martinique: Demersal and pelagic species. L < 12 m | 5 409 | 142 116 |
| Martinique: Pelagic species. L > 12 m | 1 046 | 3 294 |
| Guadeloupe: Demersal and pelagic species. L < 12 m | 6 188 | 162 590 |
| Guadeloupe: Pelagic species. L > 12 m | 500 | 1 750 |
| Portugal |
| Madeira: Demersal species. L < 12 m | 604 | 3 969 |
| Madeira: Demersal and pelagic species. L > 12 m | 4 114 | 12 734 |
| Madeira: Pelagic species. Seine. L > 12 m | 181 | 777 |
| Azores: Demersal species. L < 12 m | 2 617 | 29 870 |
| Azores: Demersal and pelagic species. L > 12 m | 12 979 | 25 721 |

Outermost regions of the Union

Capacity ceilings

GT

kW

Spain

Canary Islands: L (1) < 12 m. Union waters

2 617

20 863

Canary Islands: L > 12 m. Union waters

3 059

10 364

Canary Islands: L > 12 m. International and third country waters

28 823

45 593

France

Reunion Island: Demersal and pelagic species. L < 12 m

1 050

19 320

Reunion Island: Pelagic species. L > 12 m

10 002

31 465

French Guyana: Demersal and pelagic species. Length < 12 m

903

11 644

French Guyana: Shrimp vessels

7 560

19 726

French Guyana: Pelagic species. Offshore vessels.

3 500

5 000

Martinique: Demersal and pelagic species. L < 12 m

5 409

142 116

Martinique: Pelagic species. L > 12 m

1 046

3 294

Guadeloupe: Demersal and pelagic species. L < 12 m

6 188

162 590

Guadeloupe: Pelagic species. L > 12 m

500

1 750

Portugal

Madeira: Demersal species. L < 12 m

604

3 969

Madeira: Demersal and pelagic species. L > 12 m

4 114

12 734

Madeira: Pelagic species. Seine. L > 12 m

181

777

Azores: Demersal species. L < 12 m

2 617

29 870

Azores: Demersal and pelagic species. L > 12 m

12 979

25 721

---

(1)  ‘L’ means overall length of a vessel.

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ANNEX III

ADVISORY COUNCILS

1.   Name and area of competence of Advisory Councils

| Name | Areas of competence |
| --- | --- |
| Baltic Sea | ICES zones IIIb, IIIc and IIId |
| Black Sea | GFCM geographical sub-area as defined in Resolution GFCM/33/2009/2 |
| Mediterranean Sea | Maritime Waters of the Mediterranean of the East of line 5°36′ West |
| North Sea | ICES zones IV and IIIa |
| North Western waters | ICES zones V (excluding Va and only Union waters of Vb), VI and VII |
| South Western waters | ICES zones VIII, IX and X (waters around Azores), and CECAF zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands) |
| Outermost regions | Union waters around the outermost regions as referred to in the first paragraph of Article 349 of the Treaty divided into three sea basins: West Atlantic, East Atlantic, Indian Ocean |
| Pelagic stocks (blue whiting, mackerel, horse mackerel, herring, boarfish) | All geographical areas excluding the Baltic Sea and the Mediterranean Sea |
| High seas/long distance fleet | All non Union-waters |
| Aquaculture | Aquaculture, as defined in Article 4 |
| Markets | All market areas |

Name

Areas of competence

Baltic Sea

ICES zones IIIb, IIIc and IIId

Black Sea

GFCM geographical sub-area as defined in Resolution GFCM/33/2009/2

Mediterranean Sea

Maritime Waters of the Mediterranean of the East of line 5°36′ West

North Sea

ICES zones IV and IIIa

North Western waters

ICES zones V (excluding Va and only Union waters of Vb), VI and VII

South Western waters

ICES zones VIII, IX and X (waters around Azores), and CECAF zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands)

Outermost regions

Union waters around the outermost regions as referred to in the first paragraph of Article 349 of the Treaty divided into three sea basins: West Atlantic, East Atlantic, Indian Ocean

Pelagic stocks (blue whiting, mackerel, horse mackerel, herring, boarfish)

All geographical areas excluding the Baltic Sea and the Mediterranean Sea

High seas/long distance fleet

All non Union-waters

Aquaculture

Aquaculture, as defined in Article 4

Markets

All market areas

2.   Functioning and funding of Advisory Councils

| (a) | In the general assembly and executive committee, 60 % of the seats shall be allotted to representatives of fishermen and for the Aquaculture Advisory Council, aquaculture operators, and representatives of the processing and marketing sectors, and 40 % to representatives of the other interest groups affected by the Common Fisheries Policy, for example environmental organisations and consumer groups. |
| --- | --- |

(a)

In the general assembly and executive committee, 60 % of the seats shall be allotted to representatives of fishermen and for the Aquaculture Advisory Council, aquaculture operators, and representatives of the processing and marketing sectors, and 40 % to representatives of the other interest groups affected by the Common Fisheries Policy, for example environmental organisations and consumer groups.

| (b) | Except for the Advisory Council for Aquaculture and for the Advisory Council for Markets, at least one representative of the catching subsector from each Member State concerned shall be member of the executive committee. |
| --- | --- |

(b)

Except for the Advisory Council for Aquaculture and for the Advisory Council for Markets, at least one representative of the catching subsector from each Member State concerned shall be member of the executive committee.

| (c) | The members of the executive committee shall, where possible, adopt recommendations by consensus. If no consensus can be reached, dissenting opinions expressed by members shall be recorded in the recommendations adopted by the majority of the members present and voting. |
| --- | --- |

(c)

The members of the executive committee shall, where possible, adopt recommendations by consensus. If no consensus can be reached, dissenting opinions expressed by members shall be recorded in the recommendations adopted by the majority of the members present and voting.

| (d) | Each Advisory Council shall designate a chairperson by consensus. The chairperson shall act impartially. |
| --- | --- |

(d)

Each Advisory Council shall designate a chairperson by consensus. The chairperson shall act impartially.

| (e) | Each Advisory Council shall adopt the measures necessary to ensure transparency and the respect of all opinions expressed. |
| --- | --- |

(e)

Each Advisory Council shall adopt the measures necessary to ensure transparency and the respect of all opinions expressed.

| (f) | Recommendations adopted by the executive committee shall be made available immediately to the general assembly, the Commission, Member States concerned and, upon request, to any member of the public. |
| --- | --- |

(f)

Recommendations adopted by the executive committee shall be made available immediately to the general assembly, the Commission, Member States concerned and, upon request, to any member of the public.

| (g) | The meetings of the general assembly shall be open to the public. The meetings of the executive committee shall be open to the public unless, in exceptional cases, decided otherwise by a majority of the executive committee. |
| --- | --- |

(g)

The meetings of the general assembly shall be open to the public. The meetings of the executive committee shall be open to the public unless, in exceptional cases, decided otherwise by a majority of the executive committee.

| (h) | European and national organisations representing the fisheries sector and other interest groups may propose members to the Member States concerned. Those Member States shall agree on the members of the general assembly. |
| --- | --- |

(h)

European and national organisations representing the fisheries sector and other interest groups may propose members to the Member States concerned. Those Member States shall agree on the members of the general assembly.

| (i) | Representatives of national and regional administrations that have fisheries interests in the area concerned and researchers from the Member States' scientific and fisheries research institutes and from the international scientific institutions that advise the Commission shall be allowed to participate in Advisory Council meetings as active observers. Any other qualified scientist may also be invited. |
| --- | --- |

(i)

Representatives of national and regional administrations that have fisheries interests in the area concerned and researchers from the Member States' scientific and fisheries research institutes and from the international scientific institutions that advise the Commission shall be allowed to participate in Advisory Council meetings as active observers. Any other qualified scientist may also be invited.

| (j) | Representatives of the European Parliament and of the Commission may take part as active observers in Advisory Council meetings. |
| --- | --- |

(j)

Representatives of the European Parliament and of the Commission may take part as active observers in Advisory Council meetings.

| (k) | When issues that affect them are discussed, representatives of the fisheries sector and other interest groups from third countries, including representatives from RFMOs, that have a fishing interest in the area or fisheries covered by an Advisory Council, may be invited to participate as active observers. |
| --- | --- |

(k)

When issues that affect them are discussed, representatives of the fisheries sector and other interest groups from third countries, including representatives from RFMOs, that have a fishing interest in the area or fisheries covered by an Advisory Council, may be invited to participate as active observers.

| (l) | Advisory Councils may apply for Union financial assistance as bodies pursuing an aim of general European interest. |
| --- | --- |

(l)

Advisory Councils may apply for Union financial assistance as bodies pursuing an aim of general European interest.

| (m) | The Commission shall sign a grant agreement with each Advisory Council to contribute to its operational costs, including translation and interpretation costs. |
| --- | --- |

(m)

The Commission shall sign a grant agreement with each Advisory Council to contribute to its operational costs, including translation and interpretation costs.

| (n) | The Commission may carry out all verifications it considers necessary to ensure compliance with the tasks assigned to the Advisory Councils. |
| --- | --- |

(n)

The Commission may carry out all verifications it considers necessary to ensure compliance with the tasks assigned to the Advisory Councils.

| (o) | Each Advisory Council shall transmit annually its budget and a report of its activities to the Commission and to the Member States concerned. |
| --- | --- |

(o)

Each Advisory Council shall transmit annually its budget and a report of its activities to the Commission and to the Member States concerned.

| (p) | The Commission or the Court of Auditors may at any time arrange for an audit to be carried out either by an outside body of its choice or by the Commission or the Court of Auditors departments themselves. |
| --- | --- |

(p)

The Commission or the Court of Auditors may at any time arrange for an audit to be carried out either by an outside body of its choice or by the Commission or the Court of Auditors departments themselves.

| (q) | Each Advisory Council shall appoint a certified auditor for the period during which it benefits from Union funds. |
| --- | --- |

(q)

Each Advisory Council shall appoint a certified auditor for the period during which it benefits from Union funds.

---

STATEMENT OF THE COUNCIL’S REASONS

I.   INTRODUCTION

On 13 July 2011, the European Commission adopted a proposal for a new Basic Regulation on the Common Fisheries Policy (CFP).

| a) | After three orientation debates held in March, April and May 2012, the ‘Agriculture and Fisheries’ Council reached a partial ‘general approach’ on 12 June 2012 (1), which was finalised at the Council meeting of 26 February 2013, in particular concerning the implementation of the discards ban and related provisions (Articles 15 and 16) (2). |
| --- | --- |

a)

After three orientation debates held in March, April and May 2012, the ‘Agriculture and Fisheries’ Council reached a partial ‘general approach’ on 12 June 2012 (1), which was finalised at the Council meeting of 26 February 2013, in particular concerning the implementation of the discards ban and related provisions (Articles 15 and 16) (2).

The European Parliament voted on its position at first reading on 6 February 2013 (3).

Following the vote in the European Parliament, negotiations took place between the European Parliament, the Council and the Commission with a view to reaching an agreement on the proposal. Conclusive informal trilogues were held on 28 and 29 May 2013, and a final informal technical meeting was organised on 7 June 2013. The agreement was subsequently endorsed by the Committee of Permanent Representatives on 14 June 2013, by the European Parliament Committee on Fisheries on 18 June 2013, and by Council on 15 July 2013.

Taking the above agreement into account and following legal and linguistic revision, the ‘Agriculture and Fisheries’ Council on 17 October 2013 has been invited to adopt the Council's position at first reading, in accordance with the ordinary legislative procedure laid down in Article 294 of the Treaty on the Functioning of the European Union (TFEU).

In carrying out its work, the Council took due account of the opinions of the European Economic and Social Committee and of the Committee of the Regions, which were given on 28 March 2012 and 4 May 2012, respectively (4).

II.   OBJECTIVE

The proposal is part of the July 2011 reform package (linked to the proposal on a new Common Markets Organisation and a reviewed external dimension of the CFP) and must be seen in conjunction with the proposal for a new European Maritime and Fisheries Fund (EMFF), which the Commission adopted on 2 December 2011. The general objective of the proposal is to ensure fisheries and aquaculture activities that provide long-term sustainable environmental, economic and social conditions, and contribute to the availability of food supply.

Important new elements of the Commission's proposal have been:

| — | stock management at maximum sustainable yield as a legal obligation (‘by 2015’ for all stocks); |
| --- | --- |

—

stock management at maximum sustainable yield as a legal obligation (‘by 2015’ for all stocks);

| — | implementation decisions by Member States in a regional context, under Union multiannual plans or technical measures frameworks; |
| --- | --- |

—

implementation decisions by Member States in a regional context, under Union multiannual plans or technical measures frameworks;

| — | discard ban (landing obligation irrespective of quotas and minimum reference sizes, prohibition of operations under insufficient quota, related marketing standards for over-quota catches); |
| --- | --- |

—

discard ban (landing obligation irrespective of quotas and minimum reference sizes, prohibition of operations under insufficient quota, related marketing standards for over-quota catches);

| — | transferable fishing concessions which represent fishing opportunities. |
| --- | --- |

—

transferable fishing concessions which represent fishing opportunities.

III.   ANALYSIS OF THE COUNCIL'S POSITION AT FIRST READING

A)   General observations

On the basis of the Commission proposal, the European Parliament and the Council have conducted negotiations with the aim to conclude an agreement at the stage of the Council's position at first reading. The text of the Council position fully reflects the compromise reached between the two co-legislators.

B)   Key issues

The compromise reflected in the Council position at first reading contains the following key elements:

a)   General provisions

The European Parliament agreed with the Council's suggestion to merge general and specific objectives into one Article (Article 2). Within the objectives, compromises needed to be found in particular on the concept and timetable for introducing management of fish stocks in accordance with maximum sustainable yield, on the relation to preserving the marine environment at large, on the elimination of discards, and on fleet capacity adaptation. The most difficult compromise was the one on maximum sustainable yield. It underlines the incremental process for the implementation of this management concept, but with definite timelines, and specifies that the key management parameter is the exploitation rate that the stocks experience through fishing.

Among the definitions, the compromise focused on the ‘eco-system based approach to fisheries management’, ‘low impact fishing’, ‘minimum conservation reference size’, ‘surplus of allowable catch’ and ‘sustainable fisheries partnership agreements’. The Parliament accepted the Council's new definitions on ‘discards’ and on ‘Member States having a direct management interest’, which relates to the relevant group of Member States engaged in the so-called ‘regionalisation’, and Council accepted the Parliament's new definitions on ‘stock within safe biological limits’, ‘low impact fishing’ - with a small amendment -, ‘selective fishing’ - with a small amendment, and ‘entry into the fleet’.

b)   Access to waters

The European Parliament accepted the enlargement of preferential treatment for local fleets in outermost regions towards all outermost regions (Article 5(3)). Council accepted the special mention of, and additional support for, existing biologically sensitive areas which Parliament considered as access conditions; this provision was shifted to form part of the conservation measures (Article 8).

c)   Conservation measures

Parliament and Council found a compromise on the additional Article on general provisions for conservation measures which both institutions considered appropriate. Parliament succeeded with a number of specifications concerning the lists of conservation and technical measures, while Council was able to maintain its position that technical measures should be seen as a sub-group of conservation measures. Council accepted, with a number of amendments, the Parliament's amendment on fish stock recovery areas (Article 8). Instead of empowering Member States to establish those areas, it was agreed to have Union measures based on regional cooperation among Member States; national measures remain possible under special provisions which concern the Member States' own vessels and their 12 mile zones (Articles 19 and 20).

The parties agreed to rationalise the provisions on multiannual plans, linking them to the concept of maximum sustainable yield with a special provision for ‘mixed fisheries’, and to the discard ban.

A difficult compromise was struck on the new Article concerning conservation measures to pursue obligations under environmental legislation (Article 11). The Parliament succeeded in its support for the Commission's position to have delegated acts in place if those measures need to be adopted at Union level, while Council was able to clarify the scope of this provision and to incorporate a procedure which ensures the development of these measures within the regionalised cooperation by Member States, in case more than one Member State is concerned. Council accepted the Parliament's amendment on continuing the empowerment for Member State emergency measures (Article 13).

The most difficult part of the compromise concerned Articles 15 and 16, relating to the landing obligation and fishing opportunities. Council had to concede or tighten some elements of the flexibility mechanisms it had envisaged for the implementation of this obligation, while Parliament largely accepted the Council's position on the scope and roll-out of the landing obligation in the fisheries between 2015 and 2019. Parliament agreed to detail the implementation procedures so that, as a minimum requirement, so-called ‘discard plans’ adopted as delegated acts have to be in place when the landing obligation enters into force, while as a general rule multiannual plans will be the instrument of implementation. A compromise was also found for the general rules on controlling the discard ban. The Parliament conceded a number of amendments it envisaged under Article 16 (fishing opportunities), in view of the Council's competence under Article 43(3) TFEU. However, Council had to accept that general rules on the allocation of fishing opportunities within Member States were established in the regulation (Article 17).

With regard to regionalisation (Article 18), Council was able to convince Parliament of its concept and of a more succinct drafting of this part, while maintaining the various avenues of either Union or Member State measures. This issue was particularly important for securing a compromise, as Member States already engaging in regionalisation processes felt that the new regulation needed to reflect the existing practice.

d)   Management of fishing capacity

Both Parliament and Council were opposed to the introduction of a compulsory trade in fishing concessions, which the Commission had proposed to overcome the problem of excess fishing capacity. Parliament accepted that reference be made to such concessions as a voluntary component of Member States' management systems.

Council partly accepted the Parliament's amendments for a more comprehensive procedure of capacity reporting, including the introduction of calculation standards based in Commission guidelines. Parliament largely accepted the Council's position with regard to the proportionality of financial sanctions in case of non-compliance.

e)   Scientific base for fisheries management

The compromise concerning this part focused on data collection. Council partly accepted the Parliament's quest for more transparency in data collection activities and reporting, and agreed to the continuation of the sectoral regulation which the Council had adopted in 2008 (5).

f)   External policy

Concerning the part on external policy, both Parliament and Council supported more detailed provisions than those contained in the proposal, the latter basing its position on the Council conclusions of March 2012 (6). Parliament conceded on the level of detail as regards mandatory provisions in Sustainable fisheries partnership agreements and their protocols, as well as concerning the conditions for granting licenses in this area. Parliament also accepted to group policy elements which concern stocks exploited together with third countries or the management of stocks jointly with third countries, into one single Article (Article 33).

g)   Aquaculture

In the part on aquaculture, Council accepted an additional focus on environment and resource efficiency within multiannual national strategic plans, as requested by Parliament.

h)   Control and enforcement

With regard to control and enforcement, a compromise was found on the control principles, and Council agreed to the creation of an expert group on compliance. At the request of the Council, its tasks were enlarged towards an advisory function, in addition to reviewing issues of compliance and implementation in the Union fisheries control system.

i)   Financial instruments

The Parliament conceded on amendments aiming at more detailed cross-compliance between the financial instrument and obligations under the CFP and environmental law. Council preferred dealing with these issues when negotiating the regulation on the EMFF, but agreed to having general principles of cross-compliance established in the CFP regulation.

j)   Advisory Councils

Both Parliament and Council were in favour of enlarging the number of advisory councils and detailing their functioning within the regulation. A compromise had to be found on the representation of interests from the industry and interest groups from the wider society (Annex III), and the Council accepted the Parliament's request for an advisory council for markets.

k)   Delegation of powers

The procedure and scope of Commission powers for implementation were one of the difficult parts of the compromise. With regard to delegated acts, Parliament in the majority of cases supported the Commission proposal which had foreseen 12 empowerments for delegated acts. While the Council's general approach already accepted five of them, the final compromise resulted in six such empowerments. Most of them (four) concern the implementation of the discard ban.

IV.   CONCLUSION

The Council's position at first reading fully reflects the compromise reached in the negotiations between the Council and the European Parliament, facilitated by the Commission. This compromise is confirmed by the letter of the Chair of the European Parliament's Committee on Fisheries (PECH) to the Chairman of the Permanent Representatives Committee (20 June 2013) (7). In this letter, the PECH Chair indicates that he will recommend to the members of the PECH Committee, and subsequently to the plenary, that they accept the Council's position at first reading without amendments at Parliament's second reading, subject to verification by the lawyer-linguists of both institutions. By adopting the Regulation on the Common Fisheries Policy the European Union provides the essential part for establishing the CFP reform. The financial pillar in support of the reform (EMFF) has not been agreed yet.

---

(1)  Doc. 11322/12 PECHE 227 CODEC 1654.

(2)  Doc. 11322/1/12 PECHE 227 CODEC 1654 REV 1.

(3)  Doc. 5255/13 CODEC 61 PECHE 39 PE 7.

(4)  OJ C 181, 21.6.2012, p. 183; OJ C 225, 27.7.2012, p. 20.

(5)  Regulation (EC) No 199/2008.

(6)  doc. 7086/12 PECHE 66.

(7)  Letter number 310831, IPOL-COM.PECH D(2013)32913.

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COUNCIL STATEMENT ON MULTI-ANNUAL PLANS

The Council is committed to working with the European Parliament and the Commission to address inter-institutional issues and agree a way forward that respects the legal position of both the Parliament and the Council to facilitate the development and introduction of multi-annual plans on a priority basis under the terms of the Common Fisheries Policy.

The Council further proposes that an inter-institutional taskforce be established to help find the most appropriate way forward.

---

STATEMENT BY THE EUROPEAN PARLIAMENT AND BY THE COUNCIL ON DATA COLLECTION

The European Parliament and Council request the Commission to fast track the adoption of a proposal to amend EU Regulation 199/2008 in order that the principles and objectives for data collection that are essential to support the reformed Common Fisheries Policy and set out in the new CFP Reform Regulation can be given practical effect as early as possible.

---

STATEMENTS BY THE COMMISSION

Ad Article 18

(on paragraphs 1 and 3) The Commission underlines that the empowerment of the Commission to adopt measures set out in the Member States' joint recommendations by means of implementing or delegated acts cannot affect the Commission's discretion to adopt such acts.

(on paragraph 7) The ability of the Member States having a direct management interest to prepare common joint recommendations cannot affect the Commission's exclusive right of initiative to submit proposals in the Common Fisheries Policy field.

(on paragraph 8) In the light of Article 2(1) TFEU, paragraph 8 cannot be understood as conferring automatically, in the absence of further Union legislation, an authorization on Member States to adopt legally binding acts in an area of exclusive Union competence. In case the Commission considers that such acts are not compatible with the Common Fisheries Policy objectives, Member States should act in accordance with the principle of loyal cooperation in order to remove any incompatibility with Union law.

Ad Part VI and in particular Article 28 paragraph 3

The provisions of Part VI on the External policy are not susceptible to affect the validity of Council decisions or negotiating directives from the Council to the Commission in accordance with Article 218 TFEU or of agreements concluded with third states or organizations in accordance with Article 218 TFEU.

Ad Article 47 paragraph 2 second part

The Commission underlines that it is contrary to the letter and to the spirit of Regulation 182/2011 (OJ L 55 of 28.2.2011, p. 13) to invoke Article 5 § 4, subparagraph 2, point b) in a systematic manner. Recourse to this provision must respond to a specific need to depart from the rule of principle which is that the Commission may adopt a draft implementing act when no opinion is delivered. Given that it is an exception to the general rule established by Article 5 § 4 recourse to subparagraph 2, point b) cannot be simply seen as a ‘discretionary power’ of the Legislator, but must be interpreted in a restrictive manner and thus must be justified.

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| 30.11.2013 | EN | Official Journal of the European Union | CE 351/46 |
| --- | --- | --- | --- |

30.11.2013

EN

Official Journal of the European Union

CE 351/46

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POSITION (EU) No 10/2013 OF THE COUNCIL AT FIRST READING

with a view to the adoption of a Regulation of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000

Adopted by the Council on 17 October 2013

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 42 and 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The scope of the Common Fisheries Policy (‘CFP’) extends to measures related to the markets for fishery and aquaculture products in the Union. The common organisation of the markets in fishery and aquaculture products (‘CMO’) is an integral part of the CFP and should contribute to achieving its objectives. Since the CFP is being revised, the CMO should be adapted accordingly. |
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(1)

The scope of the Common Fisheries Policy (‘CFP’) extends to measures related to the markets for fishery and aquaculture products in the Union. The common organisation of the markets in fishery and aquaculture products (‘CMO’) is an integral part of the CFP and should contribute to achieving its objectives. Since the CFP is being revised, the CMO should be adapted accordingly.

| (2) | Council Regulation (EC) No 104/2000 (4) needs to be revised in order to take account of shortcomings detected in the implementation of the provisions currently in force, recent developments in Union and world markets, and the evolution of fishing and aquaculture activities. |
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(2)

Council Regulation (EC) No 104/2000 (4) needs to be revised in order to take account of shortcomings detected in the implementation of the provisions currently in force, recent developments in Union and world markets, and the evolution of fishing and aquaculture activities.

| (3) | Fishing plays a particularly important role in the economies of the Union's coastal regions, including the outermost regions. Given that it provides fishermen in those regions with their livelihood, steps should be taken to foster market stability and a closer correlation between supply and demand. |
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(3)

Fishing plays a particularly important role in the economies of the Union's coastal regions, including the outermost regions. Given that it provides fishermen in those regions with their livelihood, steps should be taken to foster market stability and a closer correlation between supply and demand.

| (4) | The provisions of the CMO should be implemented in compliance with the international commitments of the Union, in particular with regard to those under the provisions of the World Trade Organisation. When trading in fishery and aquaculture products with third countries, the conditions for fair competition should be ensured, in particular through respect for sustainability and the application of social standards equivalent to those which apply to Union products. |
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(4)

The provisions of the CMO should be implemented in compliance with the international commitments of the Union, in particular with regard to those under the provisions of the World Trade Organisation. When trading in fishery and aquaculture products with third countries, the conditions for fair competition should be ensured, in particular through respect for sustainability and the application of social standards equivalent to those which apply to Union products.

| (5) | It is important that the management of the CMO be guided by the principles of good governance of the CFP. |
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(5)

It is important that the management of the CMO be guided by the principles of good governance of the CFP.

| (6) | In order for the CMO to be a success, it is essential that consumers are informed, through marketing and educational campaigns, of the value of eating fish and the wide variety of species available, as well as of the importance of understanding the information contained on labels. |
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(6)

In order for the CMO to be a success, it is essential that consumers are informed, through marketing and educational campaigns, of the value of eating fish and the wide variety of species available, as well as of the importance of understanding the information contained on labels.

| (7) | Fishery producer organisations and aquaculture producer organisations (‘producer organisations’) are the key to achieving the objectives of the CFP and of the CMO. It is therefore necessary to enhance their responsibilities and to provide the necessary financial support to allow them to play a more meaningful role in the day-to-day management of fisheries, whilst respecting the framework defined by objectives of the CFP. It is also necessary to ensure that their members carry out fishing and aquaculture activities in a sustainable manner, improve the placing on the market of products, collect information on aquaculture and improve their incomes. When achieving those objectives, producer organisations should take into account the different conditions of the fishery and aquaculture sectors that prevail in the Union, including in the outermost regions, and in particular the special characteristics of small-scale fisheries and extensive aquaculture. It should be possible for competent national authorities to take responsibility for the implementation of those objectives, working closely with producer organisations on management issues, including, where appropriate, the allocation of quotas and the management of fishing effort, depending on the needs of each particular fishery. |
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(7)

Fishery producer organisations and aquaculture producer organisations (‘producer organisations’) are the key to achieving the objectives of the CFP and of the CMO. It is therefore necessary to enhance their responsibilities and to provide the necessary financial support to allow them to play a more meaningful role in the day-to-day management of fisheries, whilst respecting the framework defined by objectives of the CFP. It is also necessary to ensure that their members carry out fishing and aquaculture activities in a sustainable manner, improve the placing on the market of products, collect information on aquaculture and improve their incomes. When achieving those objectives, producer organisations should take into account the different conditions of the fishery and aquaculture sectors that prevail in the Union, including in the outermost regions, and in particular the special characteristics of small-scale fisheries and extensive aquaculture. It should be possible for competent national authorities to take responsibility for the implementation of those objectives, working closely with producer organisations on management issues, including, where appropriate, the allocation of quotas and the management of fishing effort, depending on the needs of each particular fishery.

| (8) | Measures should be taken to encourage the appropriate and representative participation of small-scale producers. |
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(8)

Measures should be taken to encourage the appropriate and representative participation of small-scale producers.

| (9) | In order to strengthen the competitiveness and viability of producer organisations, appropriate criteria for their establishment should be clearly defined. |
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(9)

In order to strengthen the competitiveness and viability of producer organisations, appropriate criteria for their establishment should be clearly defined.

| (10) | Inter-branch organisations consisting of different categories of operators in the fishery and aquaculture sector have the potential to help improve the coordination of marketing activities along the supply chain and to develop measures of interest for the whole sector. |
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(10)

Inter-branch organisations consisting of different categories of operators in the fishery and aquaculture sector have the potential to help improve the coordination of marketing activities along the supply chain and to develop measures of interest for the whole sector.

| (11) | It is appropriate to lay down common conditions for the recognition of producer organisations and inter-branch organisations by Member States, for the extension of the rules adopted by producer organisations and inter-branch organisations, and for the costs resulting from such extension to be shared. The extension of the rules should be subject to authorisation by the Commission. |
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(11)

It is appropriate to lay down common conditions for the recognition of producer organisations and inter-branch organisations by Member States, for the extension of the rules adopted by producer organisations and inter-branch organisations, and for the costs resulting from such extension to be shared. The extension of the rules should be subject to authorisation by the Commission.

| (12) | As fish stocks are shared resources, their sustainable and efficient exploitation can, in certain instances, be better achieved by organisations composed of members from different Member States and different regions. Therefore, it is also necessary to encourage the possibility of setting up producer organisations and associations of producer organisations at national or transnational level based, where appropriate, on biogeographical regions. Such organisations should be partnerships that seek to lay down common and binding rules and to provide a level-playing field for all stakeholders that are engaged in the fishery. In setting up such organisations, it is necessary to ensure that they remain subject to the competition rules provided for in this Regulation and that the need to maintain the link between individual coastal communities and the fisheries and waters that they have historically exploited is respected. |
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(12)

As fish stocks are shared resources, their sustainable and efficient exploitation can, in certain instances, be better achieved by organisations composed of members from different Member States and different regions. Therefore, it is also necessary to encourage the possibility of setting up producer organisations and associations of producer organisations at national or transnational level based, where appropriate, on biogeographical regions. Such organisations should be partnerships that seek to lay down common and binding rules and to provide a level-playing field for all stakeholders that are engaged in the fishery. In setting up such organisations, it is necessary to ensure that they remain subject to the competition rules provided for in this Regulation and that the need to maintain the link between individual coastal communities and the fisheries and waters that they have historically exploited is respected.

| (13) | The Commission should encourage supportive measures to foster the participation of women in aquaculture producer organisations. |
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(13)

The Commission should encourage supportive measures to foster the participation of women in aquaculture producer organisations.

| (14) | In order to be able to steer their members towards sustainable fishery and aquaculture activities, producer organisations should prepare and submit to the competent authorities of their Member States a production and marketing plan containing the measures necessary for them to fulfil their objectives. |
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(14)

In order to be able to steer their members towards sustainable fishery and aquaculture activities, producer organisations should prepare and submit to the competent authorities of their Member States a production and marketing plan containing the measures necessary for them to fulfil their objectives.

| (15) | In order to achieve the objectives of the CFP as regards discards, widespread use needs to be made of selective fishing gear that will prevent under-sized fish from being caught. |
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(15)

In order to achieve the objectives of the CFP as regards discards, widespread use needs to be made of selective fishing gear that will prevent under-sized fish from being caught.

| (16) | The unpredictability of fishing activities makes it appropriate to set up a mechanism for storing fishery products for human consumption with a view to fostering greater market stability and increasing the return on products, in particular by creating added value. That mechanism should contribute to the stabilisation and convergence of local markets in the Union with a view to achieving the objectives of the internal market. |
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(16)

The unpredictability of fishing activities makes it appropriate to set up a mechanism for storing fishery products for human consumption with a view to fostering greater market stability and increasing the return on products, in particular by creating added value. That mechanism should contribute to the stabilisation and convergence of local markets in the Union with a view to achieving the objectives of the internal market.

| (17) | In order to take account of the diversity of prices throughout the Union, each fishery producer organisation should be entitled to make a proposal for a price to trigger the storage mechanism. That trigger price should be set in such a way that fair competition between operators is maintained. |
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(17)

In order to take account of the diversity of prices throughout the Union, each fishery producer organisation should be entitled to make a proposal for a price to trigger the storage mechanism. That trigger price should be set in such a way that fair competition between operators is maintained.

| (18) | The establishment and application of common marketing standards should enable the market to be supplied with sustainable products and the full potential of the internal market in fishery and aquaculture products to be realised, and should facilitate marketing activities based on fair competition, thereby helping to improve the profitability of production. To that end, the existing marketing standards should continue to apply. |
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(18)

The establishment and application of common marketing standards should enable the market to be supplied with sustainable products and the full potential of the internal market in fishery and aquaculture products to be realised, and should facilitate marketing activities based on fair competition, thereby helping to improve the profitability of production. To that end, the existing marketing standards should continue to apply.

| (19) | It is necessary to ensure that imported products entering the Union market comply with the same requirements and marketing standards that Union producers have to comply with. |
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(19)

It is necessary to ensure that imported products entering the Union market comply with the same requirements and marketing standards that Union producers have to comply with.

| (20) | In order to guarantee a high level of protection of human health, fishery and aquaculture products placed on the Union market, regardless of their origin, should comply with applicable rules on food safety and hygiene. |
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(20)

In order to guarantee a high level of protection of human health, fishery and aquaculture products placed on the Union market, regardless of their origin, should comply with applicable rules on food safety and hygiene.

| (21) | In order to enable consumers to make informed choices, it is necessary for them to be provided with clear and comprehensive information on, inter alia, the origin and the method of production of the products. |
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(21)

In order to enable consumers to make informed choices, it is necessary for them to be provided with clear and comprehensive information on, inter alia, the origin and the method of production of the products.

| (22) | The use of an eco-label for fishery and aquaculture products, whether or not they originate from inside or outside the Union, offers the possibility of providing clear information on the ecological sustainability of such products. It is therefore necessary for the Commission to examine the possibility of developing and establishing minimum criteria for the development of a Union-wide eco-label for fishery and aquaculture products. |
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(22)

The use of an eco-label for fishery and aquaculture products, whether or not they originate from inside or outside the Union, offers the possibility of providing clear information on the ecological sustainability of such products. It is therefore necessary for the Commission to examine the possibility of developing and establishing minimum criteria for the development of a Union-wide eco-label for fishery and aquaculture products.

| (23) | For the purpose of consumer protection, competent national authorities responsible for monitoring and enforcing the fulfilment of the obligations laid down in this Regulation should make full use of available technology, including DNA-testing, in order to deter operators from falsely labelling catches. |
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(23)

For the purpose of consumer protection, competent national authorities responsible for monitoring and enforcing the fulfilment of the obligations laid down in this Regulation should make full use of available technology, including DNA-testing, in order to deter operators from falsely labelling catches.

| (24) | The rules on competition relating to agreements, decisions and practices referred to in Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’) should apply to the production or marketing of fishery and aquaculture products, in so far as their application does not impede the functioning of the CMO or jeopardise the achievement of the objectives laid down in Article 39 TFEU. |
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(24)

The rules on competition relating to agreements, decisions and practices referred to in Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’) should apply to the production or marketing of fishery and aquaculture products, in so far as their application does not impede the functioning of the CMO or jeopardise the achievement of the objectives laid down in Article 39 TFEU.

| (25) | It is appropriate to lay down competition rules applicable to the production and marketing of fishery and aquaculture products, taking into account the specific characteristics of the fishery and aquaculture sector, including fragmentation of the sector, the fact that fish are a shared resource and the large extent of imports, which should be subject to the same rules as Union fishery and aquaculture products. In the interests of simplification, the relevant provisions of Council Regulation (EC) No 1184/2006 (5) should be incorporated into this Regulation. Regulation (EC) No 1184/2006 should, therefore, no longer be applicable to fishery and aquaculture products. |
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(25)

It is appropriate to lay down competition rules applicable to the production and marketing of fishery and aquaculture products, taking into account the specific characteristics of the fishery and aquaculture sector, including fragmentation of the sector, the fact that fish are a shared resource and the large extent of imports, which should be subject to the same rules as Union fishery and aquaculture products. In the interests of simplification, the relevant provisions of Council Regulation (EC) No 1184/2006 (5) should be incorporated into this Regulation. Regulation (EC) No 1184/2006 should, therefore, no longer be applicable to fishery and aquaculture products.

| (26) | It is necessary to improve the gathering, processing and disseminating of economic information on the markets in fishery and aquaculture products in the Union. |
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(26)

It is necessary to improve the gathering, processing and disseminating of economic information on the markets in fishery and aquaculture products in the Union.

| (27) | In order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of: the time–limits, procedures and form of applications for the recognition of producer and inter-branch organisations and for the withdrawal of such recognition; the formats, time–limits and procedures of the Member States for communicating decisions to grant or withdraw recognition; the format and the procedure of the notification by the Member States of rules binding on all producers or operators; the format and structure of the production and marketing plans, as well as the procedure and the time–limits for submission and approval of them; the format of publication by the Member States of the trigger prices, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (6). |
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(27)

In order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of: the time–limits, procedures and form of applications for the recognition of producer and inter-branch organisations and for the withdrawal of such recognition; the formats, time–limits and procedures of the Member States for communicating decisions to grant or withdraw recognition; the format and the procedure of the notification by the Member States of rules binding on all producers or operators; the format and structure of the production and marketing plans, as well as the procedure and the time–limits for submission and approval of them; the format of publication by the Member States of the trigger prices, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (6).

| (28) | Regulation (EC) No 104/2000 should be repealed. However, in order to ensure continuity in the provision of consumer information, Article 4 thereof should continue to apply until 12 December 2014. |
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(28)

Regulation (EC) No 104/2000 should be repealed. However, in order to ensure continuity in the provision of consumer information, Article 4 thereof should continue to apply until 12 December 2014.

| (29) | Since the objective of this Regulation, namely the establishment of the common organisation of the markets in fishery and aquaculture products, cannot be sufficiently achieved by the Member States due to the common nature of the market in fishery and aquaculture products and can therefore, by reason of its scale and effects and the need for common action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective. |
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(29)

Since the objective of this Regulation, namely the establishment of the common organisation of the markets in fishery and aquaculture products, cannot be sufficiently achieved by the Member States due to the common nature of the market in fishery and aquaculture products and can therefore, by reason of its scale and effects and the need for common action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.

| (30) | Regulations (EC) Nos 1184/2006 and 1224/2009 should therefore be amended accordingly, |
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(30)

Regulations (EC) Nos 1184/2006 and 1224/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1.   A common organisation of the markets in fishery and aquaculture products (‘CMO’) is hereby established.

2.   The CMO shall be comprised of the following elements:

| (a) | professional organisations; |
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(a)

professional organisations;

| (b) | marketing standards; |
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(b)

marketing standards;

| (c) | consumer information; |
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(c)

consumer information;

| (d) | competition rules; |
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(d)

competition rules;

| (e) | market intelligence. |
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(e)

market intelligence.

3.   The CMO shall be supplemented, as regards external aspects, by Council Regulation (EU) No 1220/2012 (7) and by Regulation (EU) No 1026/2012 of the European Parliament and of the Council (8).

4.   Implementation of the CMO shall be eligible to receive Union financial support in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

Article 2

Scope

The CMO shall apply to the fishery and aquaculture products listed in Annex I to this Regulation, which are marketed in the Union.

Article 3

Objectives

The objectives of the CMO are those laid down in Article 35 of Regulation (EU) No .../2013 of the European Parliament and of the Council (9).

Article 4

Principles

The CMO shall be guided by the principles of good governance laid down in Article 3 of Regulation (EU) No .../2013.

Article 5

Definitions

For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No .../2013, as well as those referred to in Article 4 of Council Regulation (EC) No 1224/2009 (10), in Article 2 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council (11), in Articles 2 and 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (12), and in Article 3 of Regulation (EC) No 1333/2008 of the European Parliament and of the Council (13), shall apply. The following definitions shall also apply:

| (a) | ‘fishery products’ mean aquatic organisms resulting from any fishing activity or products derived therefrom, as listed in Annex I; |
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(a)

‘fishery products’ mean aquatic organisms resulting from any fishing activity or products derived therefrom, as listed in Annex I;

| (b) | ‘aquaculture products’ mean aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom, as listed in Annex I; |
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(b)

‘aquaculture products’ mean aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom, as listed in Annex I;

| (c) | ‘producer’ means any natural or legal person using means of production to obtain fishery or aquaculture products with a view to placing them on the market; |
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(c)

‘producer’ means any natural or legal person using means of production to obtain fishery or aquaculture products with a view to placing them on the market;

| (d) | ‘fishery and aquaculture sector’ means the sector of the economy which comprises all activities of production, processing and marketing of fishery or aquaculture products; |
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(d)

‘fishery and aquaculture sector’ means the sector of the economy which comprises all activities of production, processing and marketing of fishery or aquaculture products;

| (e) | ‘making available on the market’ means any supply of a fishery or aquaculture product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; |
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(e)

‘making available on the market’ means any supply of a fishery or aquaculture product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

| (f) | ‘placing on the market’ means the first making available of a fishery or aquaculture product on the Union market; |
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(f)

‘placing on the market’ means the first making available of a fishery or aquaculture product on the Union market;

| (g) | ‘retail’ means the handling and/or processing of food and its storage at the point of sale or delivery to the final consumer, including distribution terminals, catering operations, factory canteens, institutional catering, restaurants and other similar food service operations, shops, supermarket distribution centres and wholesale outlets; |
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(g)

‘retail’ means the handling and/or processing of food and its storage at the point of sale or delivery to the final consumer, including distribution terminals, catering operations, factory canteens, institutional catering, restaurants and other similar food service operations, shops, supermarket distribution centres and wholesale outlets;

| (h) | ‘prepacked fishery and aquaculture products’ mean fishery and aquaculture products which are ‘prepacked food’ as referred to in point (e) of Article 2(2) of Regulation (EC) No 1169/2011. |
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(h)

‘prepacked fishery and aquaculture products’ mean fishery and aquaculture products which are ‘prepacked food’ as referred to in point (e) of Article 2(2) of Regulation (EC) No 1169/2011.

CHAPTER II

PROFESSIONAL ORGANISATIONS

SECTION I

Establishment, objectives and measures

Article 6

Establishment of fishery producer organisations and aquaculture producer organisations

1.   Fishery producer organisations and aquaculture producer organisations (‘producer organisations’) may be established on the initiative of producers of fishery or aquaculture products in one or more Member States and recognised in accordance with Section II.

2.   Where relevant, the specific situation of small-scale producers shall be taken into account when establishing producer organisations.

3.   A producer organisation that is representative of both fishery and aquaculture activities may be established as a joint fishery and aquaculture producer organisation.

Article 7

Objectives of producer organisations

1.   Fishery producer organisations shall pursue the following objectives:

| (a) | promoting the viable and sustainable fishing activities of their members in full compliance with the conservation policy, as laid down, in particular, in Regulation (EU) No .../2013 and in environmental law, while respecting social policy and, where the Member State concerned so provides, participating in the management of marine biological resources; |
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(a)

promoting the viable and sustainable fishing activities of their members in full compliance with the conservation policy, as laid down, in particular, in Regulation (EU) No .../2013 and in environmental law, while respecting social policy and, where the Member State concerned so provides, participating in the management of marine biological resources;

| (b) | avoiding and reducing as far as possible unwanted catches of commercial stocks and, where necessary, making the best use of such catches, without creating a market for those that are below the minimum conservation reference size, in accordance with Article 15 of Regulation (EU) No .../2013; |
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(b)

avoiding and reducing as far as possible unwanted catches of commercial stocks and, where necessary, making the best use of such catches, without creating a market for those that are below the minimum conservation reference size, in accordance with Article 15 of Regulation (EU) No .../2013;

| (c) | contributing to the traceability of fishery products and access to clear and comprehensive information for consumers; |
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(c)

contributing to the traceability of fishery products and access to clear and comprehensive information for consumers;

| (d) | contributing to the elimination of illegal, unreported and unregulated fishing. |
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(d)

contributing to the elimination of illegal, unreported and unregulated fishing.

2.   Aquaculture producer organisations shall pursue the following objectives:

| (a) | promoting the sustainable aquaculture activities of their members through providing opportunities for their development in full compliance with, in particular, Regulation (EU) No .../2013 and with environmental law, while respecting social policy; |
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(a)

promoting the sustainable aquaculture activities of their members through providing opportunities for their development in full compliance with, in particular, Regulation (EU) No .../2013 and with environmental law, while respecting social policy;

| (b) | ascertaining that the activities of their members are consistent with the national strategic plans referred to in Article 34 of Regulation (EU) No .../2013; |
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(b)

ascertaining that the activities of their members are consistent with the national strategic plans referred to in Article 34 of Regulation (EU) No .../2013;

| (c) | endeavouring to ensure that aquaculture feed products of fishery origin come from fisheries that are sustainably managed. |
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(c)

endeavouring to ensure that aquaculture feed products of fishery origin come from fisheries that are sustainably managed.

3.   Producer organisations shall, in addition to the objectives laid down in paragraphs 1 and 2, pursue two or more of the following objectives:

| (a) | improving the conditions for the placing on the market of their members' fishery and aquaculture products; |
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(a)

improving the conditions for the placing on the market of their members' fishery and aquaculture products;

| (b) | improving economic returns; |
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(b)

improving economic returns;

| (c) | stabilising the markets; |
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(c)

stabilising the markets;

| (d) | contributing to food supply and promoting high food quality and safety standards, whilst contributing to employment in coastal and rural areas; |
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(d)

contributing to food supply and promoting high food quality and safety standards, whilst contributing to employment in coastal and rural areas;

| (e) | reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears. |
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(e)

reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears.

4.   Producer organisations may pursue other complementary objectives.

Article 8

Measures deployable by producer organisations

1.   In order to achieve the objectives set out in Article 7, producer organisations may, inter alia, make use of the following measures:

| (a) | adjusting production to market requirements; |
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(a)

adjusting production to market requirements;

| (b) | channelling the supply and marketing of their members' products; |
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(b)

channelling the supply and marketing of their members' products;

| (c) | promoting the Union fishery and aquaculture products of their members in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits; |
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(c)

promoting the Union fishery and aquaculture products of their members in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits;

| (d) | controlling and taking measures to ensure that their members' activities comply with the rules established by the producer organisation concerned; |
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(d)

controlling and taking measures to ensure that their members' activities comply with the rules established by the producer organisation concerned;

| (e) | promoting vocational training and cooperation programmes to encourage young people to enter the sector; |
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(e)

promoting vocational training and cooperation programmes to encourage young people to enter the sector;

| (f) | reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears; |
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(f)

reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears;

| (g) | promoting the use of information and communication technology to improve marketing and prices; |
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(g)

promoting the use of information and communication technology to improve marketing and prices;

| (h) | facilitating consumer access to information on fishery and aquaculture products. |
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(h)

facilitating consumer access to information on fishery and aquaculture products.

2.   Fishery producer organisations may also make use of the following measures:

| (a) | collectively planning and managing the fishing activities of their members, subject to the organisation, by Member States, of the management of marine biological resources, including developing and implementing measures to improve the selectivity of fishing activities and advising competent authorities; |
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(a)

collectively planning and managing the fishing activities of their members, subject to the organisation, by Member States, of the management of marine biological resources, including developing and implementing measures to improve the selectivity of fishing activities and advising competent authorities;

| (b) | avoiding and minimising unwanted catches through involvement in the development and application of technical measures, and making the best use of unwanted catches of commercial stocks without creating a market for those catches that are below the minimum conservation reference size, in accordance with Article 15(11) of Regulation (EU) No .../2013 and Article 34(2) of this Regulation, as appropriate; |
| --- | --- |

(b)

avoiding and minimising unwanted catches through involvement in the development and application of technical measures, and making the best use of unwanted catches of commercial stocks without creating a market for those catches that are below the minimum conservation reference size, in accordance with Article 15(11) of Regulation (EU) No .../2013 and Article 34(2) of this Regulation, as appropriate;

| (c) | managing temporary storage for fishery products in accordance with Articles 30 and 31 of this Regulation. |
| --- | --- |

(c)

managing temporary storage for fishery products in accordance with Articles 30 and 31 of this Regulation.

3.   Aquaculture producer organisations may also make use of the following measures:

| (a) | promoting sustainable aquaculture activities, notably in terms of environmental protection, animal health and animal welfare; |
| --- | --- |

(a)

promoting sustainable aquaculture activities, notably in terms of environmental protection, animal health and animal welfare;

| (b) | collecting information on the marketed products, including economic information on first sales, and on production forecasts; |
| --- | --- |

(b)

collecting information on the marketed products, including economic information on first sales, and on production forecasts;

| (c) | collecting environmental information; |
| --- | --- |

(c)

collecting environmental information;

| (d) | planning the management of the aquaculture activities of their members; |
| --- | --- |

(d)

planning the management of the aquaculture activities of their members;

| (e) | supporting programmes for professionals to promote sustainable aquaculture products. |
| --- | --- |

(e)

supporting programmes for professionals to promote sustainable aquaculture products.

Article 9

Establishment of associations of producer organisations

1.   An association of producer organisations may be established at the initiative of producer organisations recognised in one or more Member States.

2.   The provisions of this Regulation applicable to producer organisations shall also apply to associations of producer organisations unless stated otherwise.

Article 10

Objectives of associations of producer organisations

1.   Associations of producer organisations shall pursue the following objectives:

| (a) | performing in a more efficient and sustainable manner any of the objectives of the member producer organisations laid down in Article 7; |
| --- | --- |

(a)

performing in a more efficient and sustainable manner any of the objectives of the member producer organisations laid down in Article 7;

| (b) | coordinating and developing activities of common interest for the member producer organisations. |
| --- | --- |

(b)

coordinating and developing activities of common interest for the member producer organisations.

2.   Associations of producer organisations shall be eligible for financial support in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

Article 11

Establishment of inter-branch organisations

Inter-branch organisations may be established at the initiative of operators of fishery and aquaculture products in one or more Member States and recognised in accordance with Section II.

Article 12

Objectives of inter-branch organisations

Inter-branch organisations shall improve the coordination of, and the conditions for, making fishery and aquaculture products available on the Union market.

Article 13

Measures deployable by inter-branch organisations

In order to achieve the objectives referred to in Article 12, inter-branch organisations may make use of the following measures:

| (a) | drawing up standard contracts which are compatible with Union legislation; |
| --- | --- |

(a)

drawing up standard contracts which are compatible with Union legislation;

| (b) | promoting Union fishery and aquaculture products in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits; |
| --- | --- |

(b)

promoting Union fishery and aquaculture products in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits;

| (c) | laying down rules on the production and marketing of fishery and aquaculture products which are stricter than those laid down in Union or national legislation; |
| --- | --- |

(c)

laying down rules on the production and marketing of fishery and aquaculture products which are stricter than those laid down in Union or national legislation;

| (d) | improving quality, knowledge of, and the transparency of, production and the market, as well as carrying out professional and vocational training activities, for example, onquality and traceability matters, on food safety and in order to encourage research initiatives; |
| --- | --- |

(d)

improving quality, knowledge of, and the transparency of, production and the market, as well as carrying out professional and vocational training activities, for example, onquality and traceability matters, on food safety and in order to encourage research initiatives;

| (e) | performing research and market studies, and developing techniques to optimise the operation of the market, including through the use of information and communication technology, as well as collecting socio-economic data; |
| --- | --- |

(e)

performing research and market studies, and developing techniques to optimise the operation of the market, including through the use of information and communication technology, as well as collecting socio-economic data;

| (f) | providing the information and carrying out the research needed to deliver sustainable supplies at the quantity, quality and price corresponding to market requirements and consumer expectations; |
| --- | --- |

(f)

providing the information and carrying out the research needed to deliver sustainable supplies at the quantity, quality and price corresponding to market requirements and consumer expectations;

| (g) | promoting, among consumers, species obtained from fish stocks that are in a sustainable state, that have appreciable nutritional value and that are not widely consumed; |
| --- | --- |

(g)

promoting, among consumers, species obtained from fish stocks that are in a sustainable state, that have appreciable nutritional value and that are not widely consumed;

| (h) | controlling and taking measures for compliance of their members' activities with the rules established by the inter-branch organisation concerned. |
| --- | --- |

(h)

controlling and taking measures for compliance of their members' activities with the rules established by the inter-branch organisation concerned.

SECTION II

Recognition

Article 14

Recognition of producer organisations

1.   Member States may recognise as producer organisations all groups set up on the initiative of fishery or aquaculture producers which apply for such recognition, provided that they:

| (a) | comply with the principles set out in Article 17 and with the rules adopted for their application; |
| --- | --- |

(a)

comply with the principles set out in Article 17 and with the rules adopted for their application;

| (b) | are sufficiently economically active in the territory of the Member State concerned or a part thereof, in particular as regards the number of members or the volume of marketable production; |
| --- | --- |

(b)

are sufficiently economically active in the territory of the Member State concerned or a part thereof, in particular as regards the number of members or the volume of marketable production;

| (c) | have legal personality under the national law of the Member State concerned, are established there and have their official headquarters in its territory; |
| --- | --- |

(c)

have legal personality under the national law of the Member State concerned, are established there and have their official headquarters in its territory;

| (d) | are capable of pursuing the objectives laid down in Article 7; |
| --- | --- |

(d)

are capable of pursuing the objectives laid down in Article 7;

| (e) | comply with the competition rules referred to in Chapter V; |
| --- | --- |

(e)

comply with the competition rules referred to in Chapter V;

| (f) | do not abuse a dominant position on a given market; and |
| --- | --- |

(f)

do not abuse a dominant position on a given market; and

| (g) | provide relevant details of their membership, governance and sources of funding. |
| --- | --- |

(g)

provide relevant details of their membership, governance and sources of funding.

2.   Producer organisations recognised before ... (14) shall be considered to be producer organisations for the purposes of this Regulation, and to be bound by its provisions.

Article 15

Financial support to producer organisations or associations of producer organisations

Marketing measures for fishery and aquaculture products which aim to create or restructure producer organisations or associations of producer organisations may be financially supported in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

Article 16

Recognition of inter-branch organisations

1.   Member States may recognise as inter-branch organisations the groups of operators established on their territory which apply for such recognition, provided that they:

| (a) | comply with the principles set out in Article 17 and with the rules adopted for their application; |
| --- | --- |

(a)

comply with the principles set out in Article 17 and with the rules adopted for their application;

| (b) | represent a significant share of production activity and of either processing or marketing activities or of both, concerning fishery and aquaculture products or products processed from fishery and aquaculture products; |
| --- | --- |

(b)

represent a significant share of production activity and of either processing or marketing activities or of both, concerning fishery and aquaculture products or products processed from fishery and aquaculture products;

| (c) | are not themselves engaged in the production, processing or marketing of fishery and aquaculture products or products processed from fishery and aquaculture products; |
| --- | --- |

(c)

are not themselves engaged in the production, processing or marketing of fishery and aquaculture products or products processed from fishery and aquaculture products;

| (d) | have legal personality under the national law of a Member State, are established there and have their official headquarters in its territory; |
| --- | --- |

(d)

have legal personality under the national law of a Member State, are established there and have their official headquarters in its territory;

| (e) | are capable of pursuing the objectives laid down in Article 12; |
| --- | --- |

(e)

are capable of pursuing the objectives laid down in Article 12;

| (f) | take into account the interest of consumers; |
| --- | --- |

(f)

take into account the interest of consumers;

| (g) | do not hinder the sound operation of the CMO; and |
| --- | --- |

(g)

do not hinder the sound operation of the CMO; and

| (h) | comply with the competition rules referred to in Chapter V. |
| --- | --- |

(h)

comply with the competition rules referred to in Chapter V.

2.   Organisations established before ... (14) may be recognised as inter-branch organisations for the purposes of this Regulation provided that the Member State concerned is satisfied that they comply with the provisions of this Regulation regarding inter-branch organisations.

3.   Inter-branch organisations recognised before ... (14) shall be considered to be inter-branch organisations for the purposes of this Regulation and to be bound by its provisions.

Article 17

Internal functioning of producer organisations and inter-branch organisations

The internal functioning of producer organisations and inter-branch organisations referred to in Articles 14 and 16 shall be based on the following principles:

| (a) | compliance by its members with the rules adopted by the organisation in terms of fisheries exploitation, production and marketing; |
| --- | --- |

(a)

compliance by its members with the rules adopted by the organisation in terms of fisheries exploitation, production and marketing;

| (b) | non-discrimination among members, particularly on grounds of nationality or place of establishment; |
| --- | --- |

(b)

non-discrimination among members, particularly on grounds of nationality or place of establishment;

| (c) | the levying of a financial contribution from its members in order to finance the organisation; |
| --- | --- |

(c)

the levying of a financial contribution from its members in order to finance the organisation;

| (d) | a democratic functioning that enables the members to scrutinise their organisation and its decisions; |
| --- | --- |

(d)

a democratic functioning that enables the members to scrutinise their organisation and its decisions;

| (e) | the imposition of effective, dissuasive and proportionate penalties for infringement of obligations laid down in the internal rules of the organisation concerned, particularly in the case of –non payment of financial contributions; |
| --- | --- |

(e)

the imposition of effective, dissuasive and proportionate penalties for infringement of obligations laid down in the internal rules of the organisation concerned, particularly in the case of –non payment of financial contributions;

| (f) | the definition of rules on the admission of new members and the withdrawal of membership; |
| --- | --- |

(f)

the definition of rules on the admission of new members and the withdrawal of membership;

| (g) | the definition of the accounting and budgetary rules necessary for the management of the organisation. |
| --- | --- |

(g)

the definition of the accounting and budgetary rules necessary for the management of the organisation.

Article 18

Checks and withdrawal of recognition by Member States

1.   Member States shall carry out checks at regular intervals to verify that producer organisations and inter-branch organisations comply with the conditions for recognition laid down in Articles 14 and 16 respectively. A finding of non-compliance may result in the withdrawal of recognition.

2.   The Member State hosting the official headquarters of a producer organisation or an inter-branch organisation which has members from different Member States, or of an association of producer organisations recognised in different Member States, shall set up the administrative cooperation needed to carry out checks on the activities of the organisation or the association concerned in collaboration with the other Member States concerned.

Article 19

Allocation of fishing opportunities

When performing its tasks, a producer organisation whose members are nationals of different Member States or an association of producer organisations recognised in different Member States shall comply with the provisions governing the allocation of fishing opportunities among Member States in accordance with Article 16 of Regulation (EU) No .../2013.

Article 20

Checks by the Commission

1.   In order to ensure that the conditions for recognition of producer organisations or inter-branch organisations laid down in Articles 14 and 16 respectively are complied with, the Commission may carry out checks and shall, where appropriate, request that Member States withdraw the recognition of producer organisations or inter-branch organisations.

2.   Member States shall communicate to the Commission by electronic means any decision to grant or withdraw the recognition. The Commission shall make all such information publically available.

Article 21

Implementing acts

1.   The Commission shall adopt implementing acts concerning:

| (a) | the time-limits and procedures and the form of applications for the recognition of producer organisations and inter-branch organisations pursuant to Articles 14 and 16 respectively, or for the withdrawal of such recognition pursuant to Article 18; |
| --- | --- |

(a)

the time-limits and procedures and the form of applications for the recognition of producer organisations and inter-branch organisations pursuant to Articles 14 and 16 respectively, or for the withdrawal of such recognition pursuant to Article 18;

| (b) | the format, time-limits and procedures to be applied by Member States for the communication to the Commission of any decision to grant or withdraw the recognition pursuant to Article 20(2). |
| --- | --- |

(b)

the format, time-limits and procedures to be applied by Member States for the communication to the Commission of any decision to grant or withdraw the recognition pursuant to Article 20(2).

The implementing acts adopted under point (a) shall, where appropriate, be adapted to the special characteristics of small–scale fisheries and aquaculture.

2.   The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 43(2).

SECTION III

Extension of rules

Article 22

Extension of rules of producer organisations

1.   A Member State may make the rules agreed within a producer organisation binding on producers who are not members of the organisation and who market any of the products within the area in which the producer organisation is representative, provided that:

| (a) | the producer organisation has been established for a period of at least one year and is considered to be representative of production and marketing, including, where relevant, the small–scale and artisanal sector, in one Member State and makes an application to the competent national authorities; |
| --- | --- |

(a)

the producer organisation has been established for a period of at least one year and is considered to be representative of production and marketing, including, where relevant, the small–scale and artisanal sector, in one Member State and makes an application to the competent national authorities;

| (b) | the rules to be extended concern any of the measures for producer organisations laid down in points (a), (b) and (c) of Article 8(1), points (a) and (b) of Article 8(2) and points (a) to (e) of Article 8(3); |
| --- | --- |

(b)

the rules to be extended concern any of the measures for producer organisations laid down in points (a), (b) and (c) of Article 8(1), points (a) and (b) of Article 8(2) and points (a) to (e) of Article 8(3);

| (c) | the competition rules referred to in Chapter V are complied with. |
| --- | --- |

(c)

the competition rules referred to in Chapter V are complied with.

2.   For the purposes of point (a) of paragraph 1, a fishery producer organisation is considered to be representative where it accounts for at least 55 % of the quantities marketed of the relevant product during the previous year in the area in which it is proposed to extend the rules.

3.   For the purposes of point (a) of paragraph 1, an aquaculture producer organisation is considered to be representative where it accounts for at least 40 % of the quantities marketed of the relevant product during the previous year in the area in which it is proposed to extend the rules.

4.   The rules to be extended to non-members shall apply for a period of between 60 days and 12 months.

Article 23

Extension of the rules of inter-branch organisations

1.   A Member State may make some of the agreements, decisions or concerted practices agreed on within an inter-branch organisation binding in the specific area or areas on other operators who do not belong to that organisation, provided that:

| (a) | the inter-branch organisation covers at least 65 % of each of at least two of the following activities: production, processing or marketing of the relevant product during the previous year in the area or areas concerned of a Member State, and makes an application to the competent national authorities; and |
| --- | --- |

(a)

the inter-branch organisation covers at least 65 % of each of at least two of the following activities: production, processing or marketing of the relevant product during the previous year in the area or areas concerned of a Member State, and makes an application to the competent national authorities; and

| (b) | the rules to be extended to other operators concern any of the measures for inter-branch organisations laid down in points (a) to (g) of Article 13 and do not cause any damage to other operators in the Member State concerned or the Union. |
| --- | --- |

(b)

the rules to be extended to other operators concern any of the measures for inter-branch organisations laid down in points (a) to (g) of Article 13 and do not cause any damage to other operators in the Member State concerned or the Union.

2.   The extension of rules may be made binding for no more than three years, without prejudice to Article 25(4).

Article 24

Liability

When rules are extended to non-members in accordance with Articles 22 and 23, the Member State concerned may decide that non-members are liable to the producer organisation or the inter-branch organisation for the equivalent of all or part of the costs paid by members as a result of the application of the rules that have been extended to non-members.

Article 25

Authorisation by the Commission

1.   Member States shall notify the Commission of the rules which they intend to make binding on all producers or operators in the specific area or areas pursuant to Articles 22 and 23.

2.   The Commission shall adopt a decision authorising the extension of the rules referred to in paragraph 1, provided that:

| (a) | the provisions of Articles 22 and 23 are complied with; |
| --- | --- |

(a)

the provisions of Articles 22 and 23 are complied with;

| (b) | the competition rules referred to in Chapter V are complied with; |
| --- | --- |

(b)

the competition rules referred to in Chapter V are complied with;

| (c) | the extension does not jeopardise free trade; and |
| --- | --- |

(c)

the extension does not jeopardise free trade; and

| (d) | the achievement of the objectives of Article 39 TFEU is not endangered. |
| --- | --- |

(d)

the achievement of the objectives of Article 39 TFEU is not endangered.

3.   Within one month of receipt of the notification, the Commission shall take a decision authorising or refusing to authorise the extension of rules and shall inform the Member States thereof. Where the Commission has not taken a decision within one month of receipt of the notification, the extension of rules shall be deemed to have been authorised by the Commission.

4.   An authorised extension of rules may continue to apply after the expiry of the initial period of time, including by tacit agreement, without an explicit renewal of the authorisation, provided that the Member State concerned has notified the Commission, at least one month before the expiry of such initial period, of the additional period of application and the Commission has either authorised such further application, or not objected to it within one month of receipt of such notification.

Article 26

Withdrawal of authorisation

The Commission may carry out checks and may withdraw the authorisation of extension of rules where it establishes that any of the requirements for the authorisation is not met. The Commission shall inform the Member States of such withdrawal.

Article 27

Implementing acts

The Commission shall adopt implementing acts concerning the format and procedure of the notification provided for in Article 25(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(2).

SECTION IV

Production and marketing planning

Article 28

Production and marketing plan

1.   Each producer organisation shall submit a production and marketing plan for, at least, its main marketed species to its competent national authorities for approval. Such production and marketing plans shall have the aim of achieving the objectives laid down in Articles 3 and 7.

2.   The production and marketing plan shall comprise:

| (a) | a production programme for caught or farmed species; |
| --- | --- |

(a)

a production programme for caught or farmed species;

| (b) | a marketing strategy to match the quantity, quality and presentation of supply to market requirements; |
| --- | --- |

(b)

a marketing strategy to match the quantity, quality and presentation of supply to market requirements;

| (c) | measures to be taken by the producer organisation in order to contribute to the objectives laid down in Article 7; |
| --- | --- |

(c)

measures to be taken by the producer organisation in order to contribute to the objectives laid down in Article 7;

| (d) | special anticipatory measures to adjust the supply of species which habitually present marketing difficulties during the year; |
| --- | --- |

(d)

special anticipatory measures to adjust the supply of species which habitually present marketing difficulties during the year;

| (e) | penalties applicable to members who infringe decisions adopted to implement the plan concerned. |
| --- | --- |

(e)

penalties applicable to members who infringe decisions adopted to implement the plan concerned.

3.   The competent national authorities shall approve the production and marketing plan. Once the plan is approved, the producer organisation shall immediately implement it.

4.   Producer organisations may revise the production and marketing plan and shall, in such case, submit it for approval to the competent national authorities.

5.   The producer organisation shall prepare an annual report of its activities under the production and marketing plan and shall submit it to its competent national authorities for approval.

6.   Producer organisations may receive financial support for the preparation and implementation of production and marketing plans in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

7.   Member States shall carry out checks to ensure that each producer organisation fulfils the obligations provided for in this Article. A finding of non-compliance may result in the withdrawal of recognition.

Article 29

Implementing acts

1.   The Commission shall adopt implementing acts concerning:

| (a) | the format and structure of the production and marketing plan referred to in Article 28; |
| --- | --- |

(a)

the format and structure of the production and marketing plan referred to in Article 28;

| (b) | the procedure and time-limits for the submission by producer organisations and the approval by Member States of the production and marketing plans referred to in Article 28. |
| --- | --- |

(b)

the procedure and time-limits for the submission by producer organisations and the approval by Member States of the production and marketing plans referred to in Article 28.

2.   The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 43(2).

SECTION V

Stabilisation of the markets

Article 30

Storage mechanism

Fishery producer organisations may receive financial support for storage of fishery products listed in Annex II, provided that:

| (a) | the conditions for storage aid, laid down in a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014-2020, are complied with; |
| --- | --- |

(a)

the conditions for storage aid, laid down in a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014-2020, are complied with;

| (b) | the products have been placed on the market by fishery producer organisations and no buyer for them has been found at the trigger price referred to in Article 31; |
| --- | --- |

(b)

the products have been placed on the market by fishery producer organisations and no buyer for them has been found at the trigger price referred to in Article 31;

| (c) | the products meet the common marketing standards established in accordance with Article 33 and are of adequate quality for human consumption; |
| --- | --- |

(c)

the products meet the common marketing standards established in accordance with Article 33 and are of adequate quality for human consumption;

| (d) | the products are stabilised or processed and stored in tanks or cages, by way of freezing, either on board vessels or in land facilities, salting, drying, marinating or, where relevant, boiling and pasteurisation, whether or not filleted, cut-up or, where appropriate, headed; |
| --- | --- |

(d)

the products are stabilised or processed and stored in tanks or cages, by way of freezing, either on board vessels or in land facilities, salting, drying, marinating or, where relevant, boiling and pasteurisation, whether or not filleted, cut-up or, where appropriate, headed;

| (e) | the products are reintroduced from storage into the market for human consumption at a later stage; |
| --- | --- |

(e)

the products are reintroduced from storage into the market for human consumption at a later stage;

| (f) | the products remain in storage for at least five days. |
| --- | --- |

(f)

the products remain in storage for at least five days.

Article 31

Prices triggering the storage mechanism

1.   Before the beginning of each year, each fishery producer organisation may individually make a proposal for a price triggering the storage mechanism referred to in Article 30 for fishery products listed in Annex II.

2.   The trigger price shall not exceed 80 % of the weighted average price recorded for the product in question in the area of activity of the producer organisation concerned during the three years immediately preceding the year for which the trigger price is fixed.

3.   When determining the trigger price, account shall be taken of:

| (a) | trends in production and demand; |
| --- | --- |

(a)

trends in production and demand;

| (b) | the stabilisation of market prices; |
| --- | --- |

(b)

the stabilisation of market prices;

| (c) | the convergence of the markets; |
| --- | --- |

(c)

the convergence of the markets;

| (d) | the producers' incomes; |
| --- | --- |

(d)

the producers' incomes;

| (e) | the interests of consumers. |
| --- | --- |

(e)

the interests of consumers.

4.   Member States shall, upon examining the proposals of the producer organisations recognised in their territory, determine the trigger prices to be applied by those producer organisations. Those prices shall be fixed on the basis of the criteria referred to in paragraphs 2 and 3. The prices shall be made publicly available.

Article 32

Implementing acts

The Commission shall adopt implementing acts concerning the format of publication by Member States of the trigger prices pursuant to Article 31(4). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(2).

CHAPTER III

COMMON MARKETING STANDARDS

Article 33

Establishment of common marketing standards

1.   Without prejudice to Article 47, common marketing standards may be laid down for the fishery products that are listed in Annex I, regardless of their origin (Union or imported), that are intended for human consumption.

2.   The standards referred to in paragraph 1 may relate to the quality, size, weight, packing, presentation or labelling of the products, and in particular to:

| (a) | the minimum marketing sizes, taking into account the best available scientific advice; such minimum marketing sizes corresponding, where relevant, to minimum conservation reference sizes, in accordance with Article 15(10) of Regulation (EU) No .../2013; |
| --- | --- |

(a)

the minimum marketing sizes, taking into account the best available scientific advice; such minimum marketing sizes corresponding, where relevant, to minimum conservation reference sizes, in accordance with Article 15(10) of Regulation (EU) No .../2013;

| (b) | specifications of preserved products in accordance with conservation requirements and international obligations. |
| --- | --- |

(b)

specifications of preserved products in accordance with conservation requirements and international obligations.

3.   Paragraphs 1 and 2 shall apply without prejudice to:

| (a) | Regulation (EC) No 178/2002; |
| --- | --- |

(a)

Regulation (EC) No 178/2002;

| (b) | Regulation (EC) No 852/2004 of the European Parliament and of the Council (15); |
| --- | --- |

(b)

Regulation (EC) No 852/2004 of the European Parliament and of the Council (15);

| (c) | Regulation (EC) No 853/2004 of the European Parliament and of the Council (16); |
| --- | --- |

(c)

Regulation (EC) No 853/2004 of the European Parliament and of the Council (16);

| (d) | Regulation (EC) No 854/2004 of the European Parliament and of the Council (17); |
| --- | --- |

(d)

Regulation (EC) No 854/2004 of the European Parliament and of the Council (17);

| (e) | Regulation (EC) No 882/2004 of the European Parliament and of the Council (18); |
| --- | --- |

(e)

Regulation (EC) No 882/2004 of the European Parliament and of the Council (18);

| (f) | Council Regulation (EC) No 1005/2008 (19); and |
| --- | --- |

(f)

Council Regulation (EC) No 1005/2008 (19); and

| (g) | Regulation (EC) No 1224/2009. |
| --- | --- |

(g)

Regulation (EC) No 1224/2009.

Article 34

Compliance with common marketing standards

1.   The products intended for human consumption for which common marketing standards are laid down may be made available on the Union market only in accordance with those standards.

2.   All fishery products landed, including those that do not comply with common marketing standards, may be used for purposes other than direct human consumption, including fish meal, fish oil, pet food, food additives, pharmaceuticals or cosmetics.

CHAPTER IV

CONSUMER INFORMATION

Article 35

Mandatory information

1.   Without prejudice to Regulation (EU) No 1169/2011, fishery and aquaculture products referred to in points (a), (b), (c) and (e) of Annex I to this Regulation which are marketed within the Union, irrespective of their origin or of their marketing method, may be offered for sale to the final consumer or to a mass caterer only if appropriate marking or labelling indicates:

| (a) | the commercial designation of the species and its scientific name; |
| --- | --- |

(a)

the commercial designation of the species and its scientific name;

| (b) | the production method, in particular by the following words ‘...caught...’ or ‘...caught in freshwater..’ or ‘...farmed...’; |
| --- | --- |

(b)

the production method, in particular by the following words ‘...caught...’ or ‘...caught in freshwater..’ or ‘...farmed...’;

| (c) | the area where the product was caught or farmed, and the category of fishing gear used in capture of fisheries, as laid down in the first column of Annex III to this Regulation; |
| --- | --- |

(c)

the area where the product was caught or farmed, and the category of fishing gear used in capture of fisheries, as laid down in the first column of Annex III to this Regulation;

| (d) | whether the product has been defrosted; |
| --- | --- |

(d)

whether the product has been defrosted;

| (e) | the date of minimum durability, where appropriate. |
| --- | --- |

(e)

the date of minimum durability, where appropriate.

The requirement in point (d) shall not apply to:

| (a) | ingredients present in the final product; |
| --- | --- |

(a)

ingredients present in the final product;

| (b) | foods for which freezing is a technologically necessary step in the production process; |
| --- | --- |

(b)

foods for which freezing is a technologically necessary step in the production process;

| (c) | fishery and aquaculture products previously frozen for health safety purposes, in accordance with Annex III, Section VIII, of Regulation (EC) No 853/2004; |
| --- | --- |

(c)

fishery and aquaculture products previously frozen for health safety purposes, in accordance with Annex III, Section VIII, of Regulation (EC) No 853/2004;

| (d) | fishery and aquaculture products which have been defrosted before the process of smoking, salting, cooking, pickling, drying or a combination of any of those processes. |
| --- | --- |

(d)

fishery and aquaculture products which have been defrosted before the process of smoking, salting, cooking, pickling, drying or a combination of any of those processes.

2.   For non-prepacked fishery and aquaculture products, the mandatory information listed in paragraph 1 may be provided for retail sale by means of commercial information such as billboards or posters.

3.   Where a mixed product is offered for sale to the final consumer or to a mass caterer that consists of the same species but which has been derived from different production methods, the method for each batch shall be stated. Where a mixed product is offered for sale to the final consumer or to a mass caterer that consists of the same species but which has been derived from a variety of catch areas or fish–farming countries, at least the area of the batch which is most representative in terms of quantity shall be stated, together with an indication that the products also come from different catch or fish-farming areas.

4.   Member States may exempt from the requirements referred to in paragraph 1 small quantities of products sold directly from fishing vessels to consumers, provided that those do not exceed the value referred to in Article 58(8) of Regulation (EC) No 1224/2009.

5.   Fishery and aquaculture products and their packages which were labelled or marked prior to 13 December 2014 and which do not comply with this Article may be marketed until such stocks have been used up.

Article 36

Eco-labelling reporting

After consulting Member States and stakeholders, the Commission shall, by 1 January 2015, submit to the European Parliament and to the Council a feasibility report on options for an eco-label scheme for fishery and aquaculture products, in particular on establishing such a scheme on a Union-wide basis and on setting minimum requirements for the use by Member States of a Union eco-label.

Article 37

Commercial designation

1.   For the purposes of Article 35(1), Member States shall draw up and publish a list of the commercial designations accepted in their territory, together with their scientific names. The list shall indicate:

| (a) | the scientific name for each species, in accordance with the FishBase Information System or the ASFIS database of the Food and Agriculture Organization (FAO), where relevant; |
| --- | --- |

(a)

the scientific name for each species, in accordance with the FishBase Information System or the ASFIS database of the Food and Agriculture Organization (FAO), where relevant;

| (b) | the commercial designation:






  (i) | the name of the species in the official language or languages of the Member State concerned; |
| --- | --- | --- |

(b)

the commercial designation:

(i)

the name of the species in the official language or languages of the Member State concerned;

| (ii) | where applicable, any other name or names that are accepted or permitted locally or regionally. |
| --- | --- |

(ii)

where applicable, any other name or names that are accepted or permitted locally or regionally.

2.   All species of fish which constitute an ingredient of another food may be designated as ‘fish’, provided that the name and presentation of such food does not refer to a specific species.

3.   Any changes to the list of commercial designations accepted by a Member State shall be notified forthwith to the Commission which shall inform the other Member States thereof.

Article 38

Indication of the catch or production area

1.   The indication of the catch or production area in accordance with point (c) of Article 35(1) shall consist of the following:

| (a) | in the case of fishery products caught at sea, the name in writing of the sub-area or division listed in the FAO fishing areas, as well as the name of such zone expressed in terms understandable to the consumer, or a map or pictogram showing that zone, or, by way of derogation from this requirement, for fishery products caught in waters other than the Northeast Atlantic (FAO Fishing Area 27) and the Mediterranean and Black Sea (FAO Fishing Area 37), the indication of the name of the FAO fishing area; |
| --- | --- |

(a)

in the case of fishery products caught at sea, the name in writing of the sub-area or division listed in the FAO fishing areas, as well as the name of such zone expressed in terms understandable to the consumer, or a map or pictogram showing that zone, or, by way of derogation from this requirement, for fishery products caught in waters other than the Northeast Atlantic (FAO Fishing Area 27) and the Mediterranean and Black Sea (FAO Fishing Area 37), the indication of the name of the FAO fishing area;

| (b) | in the case of fishery products caught in freshwater, a reference to the body of water of origin in the Member State or third country of provenance of the product; |
| --- | --- |

(b)

in the case of fishery products caught in freshwater, a reference to the body of water of origin in the Member State or third country of provenance of the product;

| (c) | In the case of aquaculture products, a reference to the Member State or third country in which the product reached more than half of its final weight or stayed for more than half of the rearing period or, in the case of shellfish, underwent a final rearing or cultivation stage of at least six months. |
| --- | --- |

(c)

In the case of aquaculture products, a reference to the Member State or third country in which the product reached more than half of its final weight or stayed for more than half of the rearing period or, in the case of shellfish, underwent a final rearing or cultivation stage of at least six months.

2.   In addition to the information referred to in paragraph 1, operators may indicate a more precise catch or production area.

Article 39

Additional voluntary information

1.   In addition to the mandatory information required pursuant to Article 35, the following information may be provided on a voluntary basis, provided that it is clear and unambiguous:

| (a) | the date of catch of fishery products or the date of harvest of aquaculture products; |
| --- | --- |

(a)

the date of catch of fishery products or the date of harvest of aquaculture products;

| (b) | the date of landing of fishery products or information on the port at which the products were landed; |
| --- | --- |

(b)

the date of landing of fishery products or information on the port at which the products were landed;

| (c) | more detailed information on the type of fishing gear, as listed in the second column of Annex III; |
| --- | --- |

(c)

more detailed information on the type of fishing gear, as listed in the second column of Annex III;

| (d) | in the case of fishery products caught at sea, details of the flag State of the vessel that caught those products; |
| --- | --- |

(d)

in the case of fishery products caught at sea, details of the flag State of the vessel that caught those products;

| (e) | environmental information; |
| --- | --- |

(e)

environmental information;

| (f) | information of an ethical or social nature; |
| --- | --- |

(f)

information of an ethical or social nature;

| (g) | information on production techniques and practices; |
| --- | --- |

(g)

information on production techniques and practices;

| (h) | information on the nutritional content of the product. |
| --- | --- |

(h)

information on the nutritional content of the product.

2.   A Quick Response (QR) code may be used outlining part or all of the information listed in Article 35(1).

3.   Voluntary information shall not be displayed to the detriment of the space available for mandatory information on the marking or labelling.

4.   No voluntary information shall be included that cannot be verified.

CHAPTER V

COMPETITION RULES

Article 40

Application of competition rules

Articles 101 to 106 TFEU and their implementing provisions shall apply to agreements, decisions and practices referred to in Article 101(1) and Article 102 TFEU which relate to production or marketing of fishery and aquaculture products.

Article 41

Exceptions to the application of competition rules

1.   Notwithstanding Article 40 of this Regulation, Article 101(1) TFEU shall not apply to agreements, decisions and practices of producer organisations which concern the production or sale of fishery and aquaculture products, or the use of joint facilities for the storage, treatment or processing of fishery and aquaculture products, and which:

| (a) | are necessary to attain the objectives set out in Article 39 TFEU; |
| --- | --- |

(a)

are necessary to attain the objectives set out in Article 39 TFEU;

| (b) | do not imply any obligation to charge identical prices; |
| --- | --- |

(b)

do not imply any obligation to charge identical prices;

| (c) | do not lead to the partitioning of markets in any form within the Union; |
| --- | --- |

(c)

do not lead to the partitioning of markets in any form within the Union;

| (d) | do not exclude competition; and |
| --- | --- |

(d)

do not exclude competition; and

| (e) | do not eliminate competition in respect of a substantial proportion of the products in question. |
| --- | --- |

(e)

do not eliminate competition in respect of a substantial proportion of the products in question.

2.   Notwithstanding Article 40 of this Regulation, Article 101(1) TFEU shall not apply to agreements, decisions and practices of inter-branch organisations which:

| (a) | are necessary to attain the objectives set out in Article 39 TFEU; |
| --- | --- |

(a)

are necessary to attain the objectives set out in Article 39 TFEU;

| (b) | do not entail any obligation to apply a fixed price; |
| --- | --- |

(b)

do not entail any obligation to apply a fixed price;

| (c) | do not lead to the partitioning of markets in any form within the Union; |
| --- | --- |

(c)

do not lead to the partitioning of markets in any form within the Union;

| (d) | do not apply dissimilar conditions to equivalent transactions with other trading partners, thereby placing them at a competitive disadvantage; |
| --- | --- |

(d)

do not apply dissimilar conditions to equivalent transactions with other trading partners, thereby placing them at a competitive disadvantage;

| (e) | do not eliminate competition in respect of a substantial proportion of the products in question; and |
| --- | --- |

(e)

do not eliminate competition in respect of a substantial proportion of the products in question; and

| (f) | do not restrict competition in ways which are not essential for the achievement of the objectives of the CFP. |
| --- | --- |

(f)

do not restrict competition in ways which are not essential for the achievement of the objectives of the CFP.

CHAPTER VI

MARKET INTELLIGENCE

Article 42

Market Intelligence

1.   The Commission shall:

| (a) | gather, analyse and disseminate economic knowledge and understanding of the Union market for fishery and aquaculture products along the supply chain, taking into account the international context; |
| --- | --- |

(a)

gather, analyse and disseminate economic knowledge and understanding of the Union market for fishery and aquaculture products along the supply chain, taking into account the international context;

| (b) | provide practical support to producer organisations and inter-branch organisations to better coordinate information between operators and processors; |
| --- | --- |

(b)

provide practical support to producer organisations and inter-branch organisations to better coordinate information between operators and processors;

| (c) | regularly survey prices for fishery and aquaculture products in the Union market along the supply chain and conduct analyses on market trends; |
| --- | --- |

(c)

regularly survey prices for fishery and aquaculture products in the Union market along the supply chain and conduct analyses on market trends;

| (d) | conduct ad-hoc market studies and provide a methodology for price formation surveys. |
| --- | --- |

(d)

conduct ad-hoc market studies and provide a methodology for price formation surveys.

2.   In order to implement paragraph 1, the Commission shall make use of the following measures:

| (a) | facilitate access to available data on fishery and aquaculture products collected pursuant to Union law; |
| --- | --- |

(a)

facilitate access to available data on fishery and aquaculture products collected pursuant to Union law;

| (b) | make market information, such as price surveys, market analyses and studies, available to all the stakeholders and to the general public in an accessible and understandable manner, subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council (20). |
| --- | --- |

(b)

make market information, such as price surveys, market analyses and studies, available to all the stakeholders and to the general public in an accessible and understandable manner, subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council (20).

3.   Member States shall contribute to the achievement of the objectives referred to in paragraph 1.

CHAPTER VII

PROCEDURAL PROVISIONS

Article 43

Committee procedure

1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

CHAPTER VIII

FINAL PROVISIONS

Article 44

Amendment to Regulation (EC) No 1184/2006

Article 1 of Regulation (EC) No 1184/2006 is replaced by the following:

‘Article 1

This Regulation lays down rules concerning the applicability of Articles 101 to 106 and of Article 108(1) and (3) of the Treaty on the functioning of the European Union (TFEU) in relation to production of, or trade in, the products listed in Annex I to the TFEU with the exception of the products covered by Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (21) and Regulation (EU) No .../2013 of the European Parliament and of the Council of .... on the common organisation of the markets in fishery and aquaculture products (22).

Article 45

Amendments to Regulation (EC) No 1224/2009

Regulation (EC) No 1224/2009 is hereby amended as follows:

| (1) | in Article 57(1), the following sentences are added:
  ‘Member States shall undertake checks to ensure compliance. The checks may take place at all marketing stages and during transport.’; |
| --- | --- |

(1)

in Article 57(1), the following sentences are added:

‘Member States shall undertake checks to ensure compliance. The checks may take place at all marketing stages and during transport.’;

| (2) | Article 58(5) is amended as follows:






  (a) | point (g) is replaced by the following:






  ‘(g) | the information to consumers provided for in Article 35 of Regulation (EU) No .../2013 of the European Parliament and of the Council (23); |
| --- | --- | --- | --- |

(2)

Article 58(5) is amended as follows:

(a)

point (g) is replaced by the following:

‘(g)

the information to consumers provided for in Article 35 of Regulation (EU) No .../2013 of the European Parliament and of the Council (23);

23

| (b) | point (h) is deleted. |
| --- | --- |

(b)

point (h) is deleted.

Article 46

Repeal

Regulation (EC) No 104/2000 is hereby repealed. However, Article 4 shall apply until 12 December 2014.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex IV.

Article 47

Rules establishing common marketing standards

Rules establishing common marketing standards, in particular Council Regulation (EEC) No 2136/89 (24), Council Regulation (EEC) No 1536/92 (25), Council Regulation (EC) No 2406/96 (26), as well as other rules adopted for the application of common marketing standards, such as Commission Regulation (EEC) No 3703/85 (27), shall continue to apply.

24

25

26

27

Article 48

Review

The Commission shall report to the European Parliament and the Council on the results of the application of this Regulation by 31 December 2022.

Article 49

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

It shall apply from 1 January 2014, with the exception of Chapter IV and Article 45 which shall apply from 13 December 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...

For the European Parliament

The President

...

For the Council

The President

...

---

(1)  OJ C 181, 21.6.2012, p. 183.

1

(2)  OJ C 225, 27.7.2012, p. 20.

2

(3)  Position of the European Parliament of 12 September 2012 (not yet published in the Official Journal) and Position of the Council at first reading of 17 October 2013. Position of the European Parliament of ... and decision of the Council of ... .

3

(4)  Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (OJ L 17, 21.1.2000, p. 22).

4

(5)  Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules of competition to the production of, and trade in, agricultural products (OJ L 214, 4.8.2006, p. 7).

5

(6)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

6

(7)  Council Regulation (EU) No 1220/2012 of 3 December 2012 on trade related measures to guarantee the supply of certain fishery products to Union processors from 2013 to 2015, amending Regulations (EC) No 104/2000 and (EU) No 1344/2011 (OJ L 349, 19.12.2012, p. 4).

7

(8)  Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (OJ L 316, 14.11.2012, p. 34).

8

(9)  Regulation (EU) No .../2013 of the European Parliament and of the Council of ... on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002, (EC) No 639/2004 and Council Decision (EC) No 2004/585 (OJ L ...).

9

(10)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

10

(11)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

11

(12)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

12

(13)  Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).

13

(14)  Date of entry into force of this Regulation.

14

(15)  Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

15

(16)  Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).

16

(17)  Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L 226, 25.6.2004, p. 83).

17

(18)  Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

18

(19)  Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

19

(20)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

20

(21)  OJ L 299, 16.11.2007, p. 1.

21

(22)  OJ L ....’.

22

(23)  Regulation (EU) No .../2013 of the European Parliament and of the Council of ... on the common organisation of the markets in fishery and aquaculture products (OJ L ...).’;

23

(24)  Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products (OJ L 212, 22.7.1989, p. 79).

24

(25)  Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito (OJ L 163, 17.6.1992, p. 1).

25

(26)  Council Regulation (EC) 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products (OJ L 334, 23.12.1996, p. 1).

26

(27)  Commission Regulation (EEC) No 3703/85 of 23 December 1985 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish (OJ L 351, 28.12.1985, p. 63).

27

---

ANNEX I

FISHERY AND AQUACULTURE PRODUCTS COVERED BY THE CMO

| CN code | Description of the goods |
| --- | --- |
| (a) | 0301 |

CN code

Description of the goods

(a)

Live fish

0302

Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304

0303

Fish, frozen, excluding fish fillets and other fish meat of heading 0304

0304

Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen

| (b) | 0305 |
| --- | --- |

(b)

Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption

| (c) | 0306 |
| --- | --- |

(c)

Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption

0307

Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption

(d)

Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption

– Other:

– – Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3:

0511 91 10

– – – Fish waste

0511 91 90

– – – Other

| (e) | 1212 20 00 |
| --- | --- |

(e)

– Seaweeds and other algae

(f)

Fats and oils and their fractions, of fish, whether or not refined, but not chemically modified:

1504 10

– Fish-liver oils and their fractions

1504 20

– Fats and oils and their fractions, of fish, other than liver oils

| (g) | 1603 00 |
| --- | --- |

(g)

Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates

| (h) | 1604 |
| --- | --- |

(h)

Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs

| (i) | 1605 |
| --- | --- |

(i)

Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved

(j)

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared

1902 20

– Stuffed pasta, whether or not cooked or otherwise prepared:

1902 20 10

– – Containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates

(k)

Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves:

2301 20 00

– Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates

(l)

Preparations of a kind used in animal feeding

2309 90

– Other:

ex 2309 90 10

– – Fish solubles

---

ANNEX II

FISHERY PRODUCTS SUBJECT TO THE STORAGE MECHANISM

| CN Code | Description of the goods |
| --- | --- |
| 0302 22 00 | Plaice (Pleonectes platessa) |
| ex 0302 29 90 | Dab (Limanda limanda) |
| 0302 29 10 | Megrim (Lepidorhombus spp.) |
| ex 0302 29 90 | Flounder (Platichthys flesus) |
| 0302 31 10
  and
  0302 31 90 | Albacore or longfinned tunas (Thunnus alalunga) |
| ex 0302 40 | Herring of the species Clupea harengus |
| 0302 50 10 | Cod of the species Gadus morhua |
| 0302 61 10 | Sardines of the species Sardina pilchardus |
| ex 0302 61 80 | Sprat (Sprattus sprattus) |
| 0302 62 00 | Haddock (Melanogrammus aeglefinus) |
| 0302 63 00 | Coalfish (Pollachius virens) |
| ex 0302 64 | Mackerel of the species Scomber scombrus and Scomber japonicus |
| 0302 65 20
  and
  0302 65 50 | Dogfish (Squalus acanthias and Scyliorhinus spp.) |
| 0302 69 31
  and
  0302 69 33 | Redfish (Sebastes spp.) |
| 0302 69 41 | Whiting (Merlangius merlangus) |
| 0302 69 45 | Ling (Molva spp.) |
| 0302 69 55 | Anchovies (Engraulis spp.) |
| ex 0302 69 68 | Hake of the species Merluccius merluccius |
| 0302 69 81 | Monkfish (Lophius spp.) |
| ex 0302 69 99 | Dolphin-fish (Coryphaena hippurus) |
| ex 0307 41 10 | Cuttlefish (Sepia officinalis and Rossia macrosoma) |
| ex 0306 23 10
  ex 0306 23 31
  ex 0306 23 39 | Shrimps of the species Crangon crangon and deepwater prawn (Pandalus borealis) |
| 0302 23 00 | Sole (Solea spp.) |
| 0306 24 30 | Edible crabs (Cancer pagurus) |
| 0306 29 30 | Norway lobsters (Nephrops norvegicus) |
| 0303 31 10 | Lesser or Greenland halibut (Reinhardtius hipoglossoides) |
| 0303 78 11
  0303 78 12
  0303 78 13
  0303 78 19
  and
  0303 29 55
  0304 29 56
  0304 29 58 | Hake of the genus Merluccius |
| 0303 79 71 | Sea bream (Dentex dentex and Pagellus spp.) |
| 0303 61 00
  0304 21 00
  0304 91 00 | Swordfish (Xiphias gladius) |
| 0306 13 40
  0306 13 50
  ex 0306 13 80 | Shrimps of the family Penaeidae |
| 0307 49 18
  0307 49 01 | Cuttlefish of the species Sepia officinalis, Rossia macrosoma and Sepiola rondeletti |
| 0307 49 31
  0307 49 33
  0307 49 35
  and
  0307 49 38 | Squid (Loligo spp.) |
| 0307 49 51 | Squid (Ommastrephes sagittatus) |
| 0307 59 10 | Octopus (Octopus spp.) |
| 0307 99 11 | Illex spp. |
| 0303 41 10 | Albacore or longfinned tuna (Thunnus alalunga) |
| 0302 32 10
  0303 42 12
  0303 42 18
  0303 42 42
  0303 42 48 | Yellowfin tunas (Thunnus albacares) |
| 0302 33 10
  0303 43 10 | Skipjack or stripe-bellied bonito (Katsuwomus pelamis) |
| 0303 45 10 | Bluefin tuna (Thunnus thynnus) |
| 0302 39 10
  0302 69 21
  0303 49 30
  0303 79 20 | Other species of the genera Thunnus and Euthynnus |
| ex 0302 29 90 | Lemon sole (Microstomus kitt) |
| 0302 35 10
  and
  0302 35 90 | Bluefin tunas (Thunnus thynnus) |
| ex 0302 69 51 | Pollack (Pollachius pollachius) |
| 0302 69 75 | Ray's bream (Brama spp.) |
| ex 0302 69 82 | Blue whiting (Micromesistius poutassou) |
| ex 0302 69 99 | Pout (Trisopterus luscus) and poor cod (Trisopterus minutus) |
| ex 0302 69 99 | Bogues (Boops boops) |
| ex 0302 69 99 | Picarel (Spicara smaris) |
| ex 0302 69 99 | Conger (Conger conger) |
| ex 0302 69 99 | Gurnard (Trigla spp.) |
| ex 0302 69 91
  ex 0302 69 99 | Horse mackerel (Trachurus spp.) |
| ex 0302 69 99 | Mullet (Mugil spp.) |
| ex 0302 69 99
  and
  ex 0304 19 99 | Skate (Raja spp.) |
| ex 0302 69 99 | Scabbard fish (Lepidopus caudatus and Aphanopus carbo) |
| ex 0307 21 00 | Common scallop (Pecten maximus) |
| ex 0307 91 00 | Common whelk (Buccinum undatum) |
| ex 0302 69 99 | Striped or red mullet (Mullus surmuletus, Mullus barbatus) |
| ex 0302 69 99 | Black sea bream (Spondyliosoma cantharus) |

CN Code

Description of the goods

0302 22 00

Plaice (Pleonectes platessa)

ex 0302 29 90

Dab (Limanda limanda)

0302 29 10

Megrim (Lepidorhombus spp.)

ex 0302 29 90

Flounder (Platichthys flesus)

0302 31 10

and

0302 31 90

Albacore or longfinned tunas (Thunnus alalunga)

ex 0302 40

Herring of the species Clupea harengus

0302 50 10

Cod of the species Gadus morhua

0302 61 10

Sardines of the species Sardina pilchardus

ex 0302 61 80

Sprat (Sprattus sprattus)

0302 62 00

Haddock (Melanogrammus aeglefinus)

0302 63 00

Coalfish (Pollachius virens)

ex 0302 64

Mackerel of the species Scomber scombrus and Scomber japonicus

0302 65 20

and

0302 65 50

Dogfish (Squalus acanthias and Scyliorhinus spp.)

0302 69 31

and

0302 69 33

Redfish (Sebastes spp.)

0302 69 41

Whiting (Merlangius merlangus)

0302 69 45

Ling (Molva spp.)

0302 69 55

Anchovies (Engraulis spp.)

ex 0302 69 68

Hake of the species Merluccius merluccius

0302 69 81

Monkfish (Lophius spp.)

ex 0302 69 99

Dolphin-fish (Coryphaena hippurus)

ex 0307 41 10

Cuttlefish (Sepia officinalis and Rossia macrosoma)

ex 0306 23 10

ex 0306 23 31

ex 0306 23 39

Shrimps of the species Crangon crangon and deepwater prawn (Pandalus borealis)

0302 23 00

Sole (Solea spp.)

0306 24 30

Edible crabs (Cancer pagurus)

0306 29 30

Norway lobsters (Nephrops norvegicus)

0303 31 10

Lesser or Greenland halibut (Reinhardtius hipoglossoides)

0303 78 11

0303 78 12

0303 78 13

0303 78 19

and

0303 29 55

0304 29 56

0304 29 58

Hake of the genus Merluccius

0303 79 71

Sea bream (Dentex dentex and Pagellus spp.)

0303 61 00

0304 21 00

0304 91 00

Swordfish (Xiphias gladius)

0306 13 40

0306 13 50

ex 0306 13 80

Shrimps of the family Penaeidae

0307 49 18

0307 49 01

Cuttlefish of the species Sepia officinalis, Rossia macrosoma and Sepiola rondeletti

0307 49 31

0307 49 33

0307 49 35

and

0307 49 38

Squid (Loligo spp.)

0307 49 51

Squid (Ommastrephes sagittatus)

0307 59 10

Octopus (Octopus spp.)

0307 99 11

Illex spp.

0303 41 10

Albacore or longfinned tuna (Thunnus alalunga)

0302 32 10

0303 42 12

0303 42 18

0303 42 42

0303 42 48

Yellowfin tunas (Thunnus albacares)

0302 33 10

0303 43 10

Skipjack or stripe-bellied bonito (Katsuwomus pelamis)

0303 45 10

Bluefin tuna (Thunnus thynnus)

0302 39 10

0302 69 21

0303 49 30

0303 79 20

Other species of the genera Thunnus and Euthynnus

ex 0302 29 90

Lemon sole (Microstomus kitt)

0302 35 10

and

0302 35 90

Bluefin tunas (Thunnus thynnus)

ex 0302 69 51

Pollack (Pollachius pollachius)

0302 69 75

Ray's bream (Brama spp.)

ex 0302 69 82

Blue whiting (Micromesistius poutassou)

ex 0302 69 99

Pout (Trisopterus luscus) and poor cod (Trisopterus minutus)

ex 0302 69 99

Bogues (Boops boops)

ex 0302 69 99

Picarel (Spicara smaris)

ex 0302 69 99

Conger (Conger conger)

ex 0302 69 99

Gurnard (Trigla spp.)

ex 0302 69 91

ex 0302 69 99

Horse mackerel (Trachurus spp.)

ex 0302 69 99

Mullet (Mugil spp.)

ex 0302 69 99

and

ex 0304 19 99

Skate (Raja spp.)

ex 0302 69 99

Scabbard fish (Lepidopus caudatus and Aphanopus carbo)

ex 0307 21 00

Common scallop (Pecten maximus)

ex 0307 91 00

Common whelk (Buccinum undatum)

ex 0302 69 99

Striped or red mullet (Mullus surmuletus, Mullus barbatus)

ex 0302 69 99

Black sea bream (Spondyliosoma cantharus)

---

ANNEX III

INFORMATION ON FISHING GEAR

| Mandatory information on the category of fishing gear | More detailed information on corresponding gears and codes, in accordance with Commission Regulation (EC) No 26/2004 (1) and Commission Implementing Regulation (EU) No 404/2011 (2) |
| --- | --- |
| Seines | Beach seines | SB |
| Danish seines | SDN |
| Scottish seines | SSC |
| Pair seines | SPR |
| Trawls | Beam trawls | TBB |
| Bottom otter trawls | OTB |
| Bottom pair trawls | PTB |
| Midwater otter trawls | OTM |
| Pelagic pair trawls | PTM |
| Otter twin trawls | OTT |
| Gillnets and similar nets | Set (anchored) gillnets | GNS |
| Driftnets | GND |
| Encircling gillnets | GNC |
| Trammel nets | GTR |
| Combined trammel and gillnets | GTN |
| Surrounding nets and lift nets | Purse seines | PS |
| Lampara nets | LA |
| Boat operated lift nets | LNB |
| Shore-operated stationary lift nets | LNS |
| Hooks and lines | Hand lines and pole lines (hand operated) | LHP |
| Hand lines and pole lines (mechanised) | LHM |
| Set longlines | LLS |
| Longlines (drifting) | LLD |
| Troll lines | LTL |
| Dredges | Boat dredges | DRB |
| Hand dredges used on board a vessel | DRH |
| Mechanised dredges including suction dredges | HMD |
| Pots and traps | Pots (traps) | FPO |

Mandatory information on the category of fishing gear

More detailed information on corresponding gears and codes, in accordance with Commission Regulation (EC) No 26/2004 (1) and Commission Implementing Regulation (EU) No 404/2011 (2)

Seines

Beach seines

SB

Danish seines

SDN

Scottish seines

SSC

Pair seines

SPR

Trawls

Beam trawls

TBB

Bottom otter trawls

OTB

Bottom pair trawls

PTB

Midwater otter trawls

OTM

Pelagic pair trawls

PTM

Otter twin trawls

OTT

Gillnets and similar nets

Set (anchored) gillnets

GNS

Driftnets

GND

Encircling gillnets

GNC

Trammel nets

GTR

Combined trammel and gillnets

GTN

Surrounding nets and lift nets

Purse seines

PS

Lampara nets

LA

Boat operated lift nets

LNB

Shore-operated stationary lift nets

LNS

Hooks and lines

Hand lines and pole lines (hand operated)

LHP

Hand lines and pole lines (mechanised)

LHM

Set longlines

LLS

Longlines (drifting)

LLD

Troll lines

LTL

Dredges

Boat dredges

DRB

Hand dredges used on board a vessel

DRH

Mechanised dredges including suction dredges

HMD

Pots and traps

Pots (traps)

FPO

---

(1)  Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (OJ L 5, 9.1.2004, p. 25).

(2)  Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1).

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ANNEX IV

CORRELATION TABLE

| Regulation (EC) No 104/2000 | This Regulation |
| --- | --- |
| Article 1 | Articles 1 to 5 |
| Articles 2, 3 | Articles 33, 34 |
| Article 4 | Articles 35 to 39 |
| Article 5(1) | Articles 6, 7, 8, |
| Article 5(2), 5(3), 5(4) and Article 6 | Articles 14, 18 to 21 |
| Article 7 | Articles 22 and 24 to 27 |
| Article 8 | — |
| Articles 9 to12 | Articles 28, 29 |
| Article 13 | Articles 11, 12, 13, 16, 18, 20 and 21 |
| Article 14 | Article 41(2) |
| Article 15 | Article 23 |
| Article 16 | Articles 24 to 27 |
| Articles 17 to 27 | Articles 30, 31 and 32 |
| Article 33 | — |
| Article 34 | Articles 20(2), 21 and 32 |
| Article 35 | — |
| Article 36 | — |
| Article 37 | Article 43 |
| Articles 38, 39 | Article 43 |
| Article 40 | — |
| Article 41 | Article 48 |
| Article 42 | Articles 44, 45, 46 |
| Article 43 | Article 49 |
| — | Article 40 |
| — | Article 41(1) |
| — | Article 42 |

Regulation (EC) No 104/2000

This Regulation

Article 1

Articles 1 to 5

Articles 2, 3

Articles 33, 34

Article 4

Articles 35 to 39

Article 5(1)

Articles 6, 7, 8,

Article 5(2), 5(3), 5(4) and Article 6

Articles 14, 18 to 21

Article 7

Articles 22 and 24 to 27

Article 8

—

Articles 9 to12

Articles 28, 29

Article 13

Articles 11, 12, 13, 16, 18, 20 and 21

Article 14

Article 41(2)

Article 15

Article 23

Article 16

Articles 24 to 27

Articles 17 to 27

Articles 30, 31 and 32

Article 33

—

Article 34

Articles 20(2), 21 and 32

Article 35

—

Article 36

—

Article 37

Article 43

Articles 38, 39

Article 43

Article 40

—

Article 41

Article 48

Article 42

Articles 44, 45, 46

Article 43

Article 49

—

Article 40

—

Article 41(1)

—

Article 42

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STATEMENT OF THE COUNCIL’S REASONS

I.   INTRODUCTION

On 13 July 2011 the European Commission presented to the Council its proposal on the common organization of the markets in fishery and aquaculture products (‘CMO’) (1).

After an orientation debate held on 19 March 2012, the ‘Agriculture and Fisheries’ Council reached a ‘general approach’ in June 2012 (2).

The European Parliament voted on its first reading position on 12 September 2012 (3).

Following the vote in the European Parliament, negotiations took place between the European Parliament, the Council and the Commission with a view to reaching an agreement on the proposal. Agreement was reached on 4 June 2013 and was subsequently endorsed by the Committee of Permanent Representatives on 14 June 2013, by the European Parliament Committee on Fisheries on 18 June 2013, and by the Council on 15 July 2013.

Taking the above agreement into account and following legal and linguistic revision, the ‘Agriculture and Fisheries’ Council on 17 October 2013 is invited to adopt the Council's position at first reading, in accordance with the ordinary legislative procedure laid down in Article 294 of the Treaty on the Functioning of the European Union (TFEU).

In carrying out its work, the Council took due account of the opinions of the European Economic and Social Committee and of the Committee of the Regions, adopted on 28 March 2012 and 4 May 2012, respectively (4).

II.   OBJECTIVE

The aim of the proposal is to replace Regulation 104/2000 of 17 December 1999 (5) establishing the legal basis of the common organisation of the markets in fishery and aquaculture products (‘CMO’). The CMO proposal is part of the CFP Reform Package and is designed to contribute to the objectives of the proposed new CFP Regulation (6).

Among the objectives of this proposal are:

| — | the simplification of legal procedures and reporting obligations; |
| --- | --- |

—

the simplification of legal procedures and reporting obligations;

| — | strengthening the role of Professional Organisations; |
| --- | --- |

—

strengthening the role of Professional Organisations;

| — | a reduction in market support (discontinuation of the withdrawal price mechanism, phasing-out the support for storage aid); and |
| --- | --- |

—

a reduction in market support (discontinuation of the withdrawal price mechanism, phasing-out the support for storage aid); and

| — | better information to consumers. |
| --- | --- |

—

better information to consumers.

III.   ANALYSIS OF THE COUNCIL'S POSITION AT FIRST READING

A)   General observations

On the basis of the Commission proposal, the European Parliament and the Council have conducted negotiations with the aim to conclude an agreement at the stage of the Council's position at first reading. The text of the Council position fully reflects the compromise reached between the two co-legislators.

B)   Key issues

The compromise reflected in the Council position at first reading contains the following key elements:

a)   General provisions

Both the European Parliament and the Council noted that a reference to the external dimension was missing in the Commission proposal. In the Commission's view this was not necessary because the external policy would be dealt with in a separate regulation under a different legal basis. In the final compromise, reference to the regulations that shall supplement the CMO as regards external aspects was included.

At the request of the Council, the definitions of ‘retail’ and ‘pre-packed fishery and aquaculture products’ were added to the list of definitions in Article 5, and reference to definitions from the CFP and other regulations that shall also apply in this context was made.

b)   Producer Organisations (POs)

The European Parliament endorsed the restructuring of the section on establishment, objectives and measures proposed by the Council, for simplification purposes, which resulted in the deletion of Articles 9-11. As a result, the EP Amendments 38 - 68 fell, the substance of these being to a large extent incorporated into the Council's structure.

Objectives and measures: the European Parliament and the Council agreed on changes that enlarge and detail the objectives of POs as compared to the Commission proposal. Thus, for instance, as regards Fishery POs, the following elements were included: the promotion of sustainable fishing; the compliance with environmental law while respecting social policy, how unwanted catches should be dealt with, traceability and the contribution against IUU practices. Corresponding changes to the section on ‘measures’ were introduced.

Recognition: At the request of the Council, detailed rules on the functioning of POs and inter-branch organizations were introduced.

Production and marketing plans: important requests of the Council have been accepted: firstly, the contents of production and marketing plans are specified in Article 28(2); secondly, the proposal's empowerment to the Commission to adopt delegated acts has been deleted; and, finally, changes to the format and structure of the production and marketing plans shall be adopted by the Commission via implementing acts.

Storage mechanism: The storage mechanism proposed by the Commission, which was intended to replace the whole system of withdrawal prices and interventions, remained practically unchanged. It proved to be an effective compromise between those who favored the extension of the current system and others that wanted to completely end public intervention.

Collective fund: At the request of the Council, the proposal's rules on the POs collective funds were deleted, as they were deemed to bring no added value.

c)   Marketing standards

As suggested by the Council, marketing standards may refer to quality, size or weight, packing, presentation and labeling of the products and, in particular, to minimum marketing sizes in accordance with minimum conservation reference sizes, where relevant. Fishery products landed which do not comply with marketing standards may be used for purposes other than human consumption (this is intended to avoid creating markets for ‘unwanted catches’ such as juvenile fish).

At the request of the Council, the proposal's empowerment to the Commission to adopt delegated acts has been deleted.

d)   Consumer information

Article 35 (mandatory information) proved to be one of the most difficult issues in the negotiations. In particular, the inclusion of the date of catch or date of landing and the gear used were highly contentious points.

| — | Date of landing: The European Parliament supported the inclusion of the date of landing among the mandatory data, as compared to the date of catch proposed by the Commission. Against this view, the Council considered that neither the date of catch nor the date of landing brought enough added value in most cases (while it increased administrative burden). It could even be misleading in some cases if the consumer naturally associated a better product quality with a more recent date. The Council finally accepted to include the date of minimum durability, while the date of catch could still be included among the voluntary information under Article 39. |
| --- | --- |

—

Date of landing: The European Parliament supported the inclusion of the date of landing among the mandatory data, as compared to the date of catch proposed by the Commission. Against this view, the Council considered that neither the date of catch nor the date of landing brought enough added value in most cases (while it increased administrative burden). It could even be misleading in some cases if the consumer naturally associated a better product quality with a more recent date. The Council finally accepted to include the date of minimum durability, while the date of catch could still be included among the voluntary information under Article 39.

| — | Gear category: In addition to a more detailed indication of the area where the product was caught or farmed, which was accepted by the Council, the Parliament wanted the inclusion of the gear category used. The Council initially opposed this initiative which could imply the stigmatization of certain fishing techniques. As a compromise, both sides agreed on the inclusion of a simplified list of seven groups of gears as specified in Annex III (more information on gears may be given as voluntary information; see below). |
| --- | --- |

—

Gear category: In addition to a more detailed indication of the area where the product was caught or farmed, which was accepted by the Council, the Parliament wanted the inclusion of the gear category used. The Council initially opposed this initiative which could imply the stigmatization of certain fishing techniques. As a compromise, both sides agreed on the inclusion of a simplified list of seven groups of gears as specified in Annex III (more information on gears may be given as voluntary information; see below).

Eco-labeling (Article 36): The EP and the Council agreed that the Commission shall submit by 1 January 2015 a feasibility report on options for an eco-label scheme and on setting minimum requirements.

Additional voluntary information (Article 39) may include inter alia the date of catch, the date of landing or the port at which the products were landed, the type of fishing gear in more detail or the flag state of the vessel that caught the products.

It will be possible to use ‘Quick Response (QR) codes’ to outline the mandatory information under Article 35(1).

Voluntary information shall not be displayed to the detriment of the space available for mandatory information, and no voluntary information shall be included that cannot be verified.

Delegated acts: The proposal's empowerment to the Commission to adopt delegated acts has been deleted.

e)   Procedural and Final provisions

Amendments to the Control Regulation: At the request of the Council, Regulation (EC) No 1224/2009 is amended to establish that Member States shall undertake compliance checks, and to align the provisions on information to consumers.

Rules establishing common marketing standards (Article 47): current marketing standards for certain products shall continue to apply

IV.   CONCLUSION

The Council's position at first reading fully reflects the compromise reached in the negotiations between the Council and the European Parliament, facilitated by the Commission. This compromise is confirmed by the letter of the Chair of the European Parliament's Committee on Fisheries (PECH) to the Chairman of the Permanent Representatives Committee (25 June 2013). In this letter, the PECH Chair indicates that he will recommend to the members of the PECH Committee, and subsequently to the plenary, that they accept the Council's position at first reading without amendments at Parliament's second reading, subject to verification by the lawyer-linguists of both institutions. By adopting the Regulation on the common market organisation on fishery and aquaculture products the European Union provides an essential building block for establishing the new Common Fisheries Policy.

---

(1)  Doc. 12516/11 PECHE 188 CODEC 1167.

(2)  Doc. 10415/12 PECHE 192 CODEC 1445.

(3)  Doc. 13616/12 CODEC 2093 PECHE 334 PE 390.

(4)  OJ C 181, 21.6.2012, p. 183; OJ C 225, 25.7.2012, p. 20.

(5)  OJ L 17, 21.1.2000, p. 22.

(6)  Doc. 12514/11 PECHE 187 CODEC 1166.

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STATEMENT BY THE EUROPEAN PARLIAMENT AND BY THE COUNCIL ON CONTROL RULES IN THE AREA OF PRODUCT TRACEABILITY AND CONSUMER INFORMATION

As a follow-up to the reform of the Regulation on Common Organisation of the Markets for fishery and aquaculture products, the European Parliament and the Council invite the European Commission to submit to them a proposal aiming at amending the Control Regulation (Regulation No 1224/2009). Such amendment should take into account the need for regulating the provision of gear type information as regards products derived from wild capture fisheries.

The European Parliament and the Council also invite the Commission to adopt, in due time, the necessary amendments to the Commission Implementing Regulation (EU) No 404/2011 as regards the mandatory information to the consumer in order to take into account the provisions of this Regulation, the Control Regulation, as amended, and Regulation 1169/2011 on the provision of food information to consumers.

---

STATEMENTS BY THE COMMISSION

Ad Article 35

Paragraph 1 (e)

The Commission does not agree with the change introduced by the lawyer linguists to Article 42(1)(e) of the text of the political agreement reached at the informal trilogue on 8 May 2013 on the Commission's proposal for a regulation on the common organisation of the markets in fishery and aquaculture products (new Article 35(1)(e) of document 12005/13).

The Commission’s position is that, as agreed during the informal trilogue on 8 May 2013, appropriate marking or labelling should indicate the date of minimum durability, without any further qualification, for all fishery and aquaculture products referred to in Article 42(1) (new Article 35(1) of document 12005/13) offered for sale to the final consumer. Introducing the words ‘where appropriate’ at the end of Article 42(1)(e) (new Article 35(1)(e) of document 12005/13) will create legal uncertainty and jeopardise reaching the objective of improving transparency for consumers.

Ad Article 35

The Commission regrets that the agreement between the co-legislators has removed from the Commission's proposal the obligation to indicate the ‘date of catch’ and the ‘date of harvest’ for fishery and aquaculture products, respectively. The Commission considers that these dates provide essential information for consumers. The indication of dates of catch and harvest clearly benefit the Union's small-scale fishermen and farmers, and promote short distribution channels for fishery and aquaculture products.

The Commission also regrets that the co-legislators have removed from the Commission's proposal the application of certain labelling requirements to preserved and prepared products, i.e. commercial name, production method and provenance. The Commission believes that these requirements respond to the growing public demand for information about the content of preserved and prepared products. This is also an essential matter for the credibility and value of the Union's production.

The Commission would like to reiterate that the above labelling improvements proposed by the Commission would not impose any disproportionate burden on the fishing industry as they build on the existing traceability requirements.

---