Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the Common Fisheries Policy
Date: 2011-07-13
Institutions: European Commission
Subjects: aquaculture, common fisheries policy, conservation of fish stocks, fishery resources, fishing fleet, fishing industry

EUROPEAN COMMISSION 

Brussels, 13.7.2011 
COM(2011) 425 final 

2011/0195 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the Common Fisheries Policy  

{SEC(2011) 891 final} 
{SEC(2011) 892 final} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  General context 

In  2009  the  Commission  analysed  the  functioning  of  the  Common  Fisheries  Policy  (CFP) 
based on the Green Paper on the Reform of the Common Fisheries Policy1. The Commission 
concluded that despite progress  since the  2002 reform, the  objectives to achieve  sustainable 
fisheries in all its dimensions (environmental, economic and social) have not been met and the 
Green Paper identified a series of structural shortcomings of the current CFP. The European 
Parliament and the Council of Ministers supported this conclusion. 

Numerous contributions during the public debate between April 2009 and November 2010, as 
well  as  specific  studies  and  evaluations,  have  also  confirmed  the  overall  assessment  in  the 
Green Paper and have helped to identify the weaknesses to be addressed through the reform. 

•  Grounds for and objectives of the proposal 

The Common Fisheries Policy needs a fundamental reform by repealing the current Council 
Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and  sustainable 
exploitation of fisheries resources under the Common Fisheries Policy, and replacing it on 1 
January 2013 by a new CFP adopted by the European Parliament and the Council on the basis 
of this proposal.  

The main problems of the CFP are: 

–  Lack of focus in the objectives on environmental, economic and social sustainability. 

–  Unacceptably high levels of discards. 

–  Fleet overcapacity, overfishing, total  allowable catches (TACs)  that are set  too  high,  and 
low compliance have resulted in a large majority of Union stocks being overexploited. 

–  Low profitability and low economic resilience for a significant number of fleets. 

–  Insufficient integration of environmental concerns into the policy. 

–  Lack of reliable data to assess all stocks and fleets. 

–  Substantial  public  financial  support  to  fisheries  that  does  not  contribute  to  achieving  the 

objectives of the CFP. 

–  Low  attractiveness  of  the  fishing  activities  and  decline  of  some  coastal  communities 

dependent on fishing. 

–  Top-down  micro-management  at  Union  level,  lacking  flexibility  and  adaptation  to  local 

and regional conditions. 

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COM(2009)163 final of 22 April 2009 

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–  Insufficient development of aquaculture in the Union.  

–  Legislation  and  management  are  costly  and  extremely  complex,  which  fosters  lack  of 

compliance. 

–  Trade policy facing the challenge of globalisation and increased interdependence. 

This proposal for a new basic regulation is justified because there is a need: 

–  to precise the objectives of the CFP. 

–  to enhance consistency between the policy initiatives covered by the CFP. 

–  to  better  preserve  marine  biological  resources,  in  particular  for  multi-annual  plans  for 

fisheries management, and to end discards. 

–  to contribute to ecosystem and environmental policies under the CFP. 

–  to provide for regionalisation of measures on a sea-basin approach under the conservation 

pillar. 

–  to  reinforce  data  collection  and  scientific  advice  for  the  knowledge  base  of  the 

conservation policy. 

–  to fully integrate the external policy into the CFP. 

–  to promote the development of aquaculture. 

–  to reform the common market policy of the CFP. 

–  to  provide  a  legal  framework  for  a  new  financial  instrument  by  2014  supporting  the 

objectives of the CFP and the EU 2020 Agenda. 

–  to further enhance and streamline stakeholders' involvement. 

–  to incorporate the recently adopted new control regime in the CFP. 

The  overall  objective  of  the  proposal  is  to  ensure  fishing  and  aquaculture  activities  that 
provide  long-term  sustainable  environmental  conditions  and  contribute  to  the  availability  of 
food supplies. The policy shall be aimed at exploitation of living marine biological resources 
that  restores  and  maintains  fish  resources  at  levels  which  can  produce  the  maximum 
sustainable  yield,  not  later  than  2015.  The  CFP  shall  implement  the  precautionary  and  eco-
system approaches to fisheries management.  

In conjunction with this proposal the Commission will adopt an overarching Communication 
on  the  future  Common  Fisheries  Policy,  a  proposal  for  a  Regulation  on  the  common 
organisation  of  the  markets  in  fisheries  and  aquaculture  products,  a  Communication  on  the 
external dimension of the CFP, and a report on specific parts of Council Regulation (EC) No 
2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries 
resources under the Common Fisheries Policy. 

•  Existing provisions in the area of the proposal 

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Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy  is  the 
current  general  regulatory  framework  for  the  CFP.  This  proposal  should  replace  that 
Regulation. 

Council  Regulation  (EC)  No  850/98  of  30  March  1998  for  the  conservation  of  fishery 
resources through technical measures for the protection of juveniles of marine organisms2. 

Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organization of 
the markets in fishery and aquaculture products3. 

Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery 
resources  through  technical  measures  in  the  Baltic  Sea,  the  Belts  and  the  Sound,  amending 
Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/984. 

Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund5. 

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 1626/946. 

Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a 
Community framework for the collection, management and use of data in the fisheries sector 
and support for scientific advice regarding the Common Fisheries Policy7. 

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 1447/19998. 

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) 
(EC) 
No 768/2005, 
(EC) 
No 509/2007, 
No 1342/2008  and  repealing  Regulations  (EEC)  No 2847/93,  (EC)  No 1627/94  and (EC) 
No 1966/20069.  

(EC)  No 2166/2005, 
(EC)  No 1098/2007, 

(EC)  No 388/2006, 
(EC)  No 1300/2008, 

(EC)  No 2115/2005, 
(EC)  No 676/2007, 

Council Decision (EC) No 2004/585 of 19 July 2004 establishing Regional Advisory 
Councils under the Common Fisheries Policy10.  

•  Consistency with the other policies and objectives of the Union 

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OJ L 125, 27.4.1998, p. 1. 
OJ L 17, 21.1.2000, p. 22 
OJ L 349, 31.12.2005, p. 1. 
OJ L 223, 15.8.2006, p. 1. 
OJ L 409, 30.12.2006, p. 11. 
OJ L 60, 5.3.2008, p. 1. 
OJ L 286, 29.10.2008, p. 1. 
OJ L 343, 22.12.2009, p. 1. 
OJ L 256, 3.8.2004, p. 17. 

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The  proposal  and  its  objectives  are  consistent  with  other  Union  policies,  in  particular 
environmental,  social,  regional,  development,  agriculture,  market  and  trade,  financial, 
research and innovation, health and consumer protection policies and their objectives. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

•  Consultation of interested parties  

Consultation methods, main sectors targeted and general profile of respondents 

Throughout  2009  and  2010  consultation  on  the  reform  through  internet  contributions  and 
numerous discussion meetings with stakeholders revealed generalized support for the reform. 
The European Parliament, the European Economic and Social Committee and the Committee 
of  the  Regions  also  submitted  opinions  on  the  Green  Paper.  The  Council  of  Ministers 
discussed the reform several times. The public consultation was summarized in a Synthesis of 
the Consultation on the Reform of the Common Fisheries Policy11.  

Summary of responses and how they have been taken into account 

Simplification,  adaptation  of  decision  making  to  the  Lisbon  Treaty,  strengthening  the  long-
term  approach  to  conservation  and  resource  management  including  tackling  the  discards 
problem,  regionalization,  further  stakeholder  involvement  and  more  industry  responsibility 
were  at  the  centre  of  reactions.  Relative  stability  is  generally  seen  as  a  central  pillar  of  the 
CFP, especially by Member States. Small-scale and coastal fisheries are considered important 
but  limited  support  was  shown  for  the  idea  of  a  differentiated  regime  beyond  current  legal 
provisions. More market-based approaches in fleet management and the market policy were 
seen  by  many  as  useful  drivers  for  sustainability.  On  the  external  policy  and  international 
actions  the  need  for  full  alignment  with  the  principles  and  objectives  of  the  CFP  was 
recognized. Strong support was shown for stricter targeting of the public funding to the policy 
objectives. Aquaculture was considered important in many contributions.  

The Commission, in developing its proposal, has taken due account of the contributions in the 
consultation,  notably  on  creating  the  environmental  conditions  for  sustainability  and 
consolidation  of  the  maximum  sustainable  yield  objective,  a  strengthened  long-term 
perspective,  regionalization  and  further  stakeholder  involvement,  and  introduction  of  more 
market-based instruments while taking into consideration the specific characteristics of small-
scale fleets. The importance of aquaculture is also reflected in the proposal. 

•  Collection and use of expertise 

For the development of the proposals outside expertise as well as existing knowledge on the 
policy, among them (annual) advice by ICES and STECF was utilized in addition to a series 
of studies and research projects. Publicly available expert advice and studies are published on 
the DG MARE website. 

•  Impact assessment 

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SEC(2010)428 final of 16 April 2010 

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For  the  Impact  Assessment  exercise  different  options  for  the  CFP  reform  package  were 
identified.  All  options  include  environmental  sustainability  as  a  precondition  for  overall 
sustainability.  Methodologically  the  analysis  of  impacts  was  supported  by  performance 
indicators to measure the impacts of the options. The impacts of all options were analysed and 
compared to an analysis of the so-called status quo option. This allowed for identification of 
the two preferred options as indicated in the IA report. Both options are similar in focusing on 
the environmental sustainability while creating sufficient flexibility to give the fishing sector 
time to adapt to ambitious environmental objectives.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis 

Article 43(2) of the Treaty on the Functioning of the European Union. 

Subsidiarity principle 

Provisions  in  the  proposal  relating  to  the  conservation  of  marine  biological  resources  fall 
under the exclusive competence of the Union, and the subsidiarity principle therefore does not 
apply for those provisions.  

Provisions in the proposal relating to aquaculture and the need for the establishment of Union 
strategic  guidelines  on  common  priorities  and  targets  for  the  development  of  aquaculture 
activities fall under shared competence between the Union and Member States. Non-binding 
Union strategic guidelines will form the basis for multiannual national strategic plans, taking 
into  account  that  strategic  choices  made  at  national  level  can  have  a  bearing  on  the 
development  of  aquaculture  activities  in  neighbouring  Member  States.  Provisions  in  the 
proposal  relating  to  the  Common  Market  Organization  fall  under  the  shared  competence 
between  the  Union  and  the  Member  States.  The  objectives  for  the  common  market 
organization include increased competitiveness of the Union fishery and aquaculture industry, 
improvement  of  the  transparency  of  the  markets  and  the  contribution  to  ensuring  a  level 
playing  field  for  all  products  marketed  in  the  Union.  To  achieve  these  objectives  the 
measures,  which  comprise  the  organization  of  the  industry  including  measures  for 
stabilisation of the markets and marketing standards, and consumer information requirements, 
need to be consistent throughout the Union. The subsidiarity principle therefore is respected 
by the proposal.  

Proportionality principle 

The proposal complies with the principle of proportionality for the following reason:  

The  Common  Fisheries  Policy  is  a  common  policy  and  should  therefore  be  implemented 
through a Regulation adopted by the European Parliament and the Council. 

It is necessary and appropriate for the achievement of the basic objective of ensuring fishing 
and  aquaculture  industries  that  provide  long-term  sustainable  economic,  environmental  and 
social conditions and contribute to the availability of food supplies, to lay down rules on the 
conservation  and  exploitation  of  marine  biological  resources.  This  Regulation  does  not  go 
beyond what is necessary to achieve that objective. 

Through the proposed regionalised approach Member States will be empowered to adopt the 

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conservation and technical measures necessary to achieve the objectives and targets set out in 
Regulations adopted by the Union legislator, based on the available toolbox of measures under 
the  conservation  policy  of  the  CFP.  This  will  create  regional  flexibility  in  the  application  of 
Union legislation.  

Member  States  furthermore  remain  free  to  allocate  fishing  opportunities  allocated  by  the 
Council  among  regions  or  operators  as  they  see  fit,  so  Member  States  have  ample  room  for 
manoeuvre on decisions related to the social/economic model of their choice to exploit their 
allocated fishing opportunities. 

4. 

OPTIONAL ELEMENTS  

•  Detailed explanation of the proposal 

The Commission introduces in the proposal significant changes to the CFP. In this section the 
proposal is explained in detail. 

General Provisions 

The overall objective of the CFP is to ensure that fishing and aquaculture activities  provide 
long-term  sustainable  environmental  conditions,  which  are  a  prerequisite  to  reach  an 
economically  and  socially  sustainable  fishing  industry  that  contributes  to  the  availability  of 
food. The impact assessment demonstrates that ambitious targets for the resources meeting the 
Union's international obligation of achieving maximum sustainable yield by 2015 can deliver 
important  overall  stock 
to  significant  economic  and  social 
leading 
improvements. These positive outcomes from the impact assessment underline the premise of 
ecological sustainability as a requirement for long-term economic and social sustainability.  

improvement 

Decreasing unwanted catches, ending discarding and minimizing the negative impact on the 
marine  eco-systems  combined  with  the  precautionary  and  eco-system  approach  will 
contribute to the good environmental status of the seas under the Marine Strategy Framework 
Directive.  

Access to waters  

The  proposal  confirms  the  principle  of  equal  access  to  waters,  while  treating  third-country 
vessels with access to Union waters equally. 

The Commission proposes to extend the current restrictions on the right to fish within the 12-
nautical  miles  until  2022.  These  restrictions  have  reduced  fishing  pressure  in  the  most 
biologically sensitive areas and have contributed to economic stability for small-scale, coastal 
fishing activities.  

The Commission proposes to introduce into this regulation the specific restrictions for the 100 
nautical  miles  around  the  Azores,  Madeira  and  the  Canary  Islands,  which  are  currently  laid 
down in Council Regulation (EC) No 1954/200312. They are justified to protect the sensitive 

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Council  Regulation  (EC)  No  1954/2003  on  the  management  of  the  fishing  effort  relating  to  certain 
Community  fishing  areas  and  resources  and  modifying  Regulation  (EC)  No  2847/93  and  repealing 
Regulation (EC) No 635/95 and (EC) No 2027/95 

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biological situation of the waters surrounding these islands and in light of article 349 of the 
Treaty,  by  taking  account  of  the  structural,  social  and  economic  situation  and  the  need  to 
preserve the local economy of these islands. 

Conservation of marine biological resources  

Conservation  of  marine  biological  resources  is  the  fundamental  pillar  to  achieve  the 
objectives of the CFP.  

Multi-annual management plans to manage resources at levels that are capable of producing 
maximum  sustainable  yield  are  key  to  conservation.  They  need  to  move  where  possible  to 
fisheries-based  plans  –  covering  more  stocks  in  fewer  plans.  Stocks  not  under  plans  are 
managed through fixing fishing opportunities by Council and other measures.  

A  second  core  element  of  the  conservation  proposal  is  ending  the  practice  of  discards  and 
reducing  unwanted  catches.  The  proposal  introduces  the  obligation  to  land  all  catches  of 
specified  stocks,  with  a  precise  timeline  for  implementation  and  in  combination  with  some 
flanking measures. 

The proposal also covers the main principles for technical conservation measures applicable 
to fisheries. 

For  the  multi-annual  plans  and  the  technical  conservation  measures  the  Commission 
envisages a move away from micro-management by the co-legislators. The Union legislation 
on  these  plans  and  measures  needs  to  define  the  essentials,  such  as  the  scope,  targets, 
evaluation  indicators  and  time  frames.  The  Commission  proposes  decentralization  that  may 
authorize  Member  States  to  adopt  the  conservation  and  technical  measures  necessary  to 
achieve the objectives and targets using a toolbox of measures under the conservation policy. 
This  will  create  regional  flexibility  and  simplification  of  the  policy.  The  proposal  includes 
provisions  to  ensure  that  the  Member  States  concerned  adopt  measures  are  compatible  and 
effective.  A  fall-back  mechanism  is  established  for  Commission  action  in  cases  where 
Member States cannot agree, or where the targets are not being reached.  

The provisions for emergency measures when conservation of the marine biological resources 
is threatened, either at the request of a Member State or at the initiative of the Commission, 
are  maintained  and  a  new  provision  is  introduced  for  fisheries  measures  in  the  context  of 
Union  environmental  law  obligations.  The  existing  authorization  to  Member  States  to  take 
conservation  measures  within  the  12  nautical  mile  zone  and  measures  applicable  solely  to 
fishing vessels flying their flag are maintained in the proposal. 

Access to resources 

The introduction of a system of transferable fishing concessions will constitute a major driver 
for fleet capacity adjustment. The impact assessment has shown clear positive and significant 
contributions from such a system of transferable fishing concessions to eliminate overcapacity 
and to improve economic results of the fishing industry. 

The  proposal  introduces  a  mandatory  system  of  transferable  fishing  concessions  (on  fishing 
opportunities for regulated stocks) as from 2014 for all vessels with the exception of vessels 
under  12  meters  with  passive  gear.  In  recognition  of  the  specific  characteristics  and  socio-
economic vulnerability of some small-scale fleets, the choice on introduction of transferable 
fishing concessions  for  the  remaining vessels will be left to Member States. Member States 

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may  regulate  transferable  fishing  concessions  to  ensure  a  close  link  between  them  and  the 
fishing communities (for example, by limiting the transferability within fleet segments) and to 
prevent  speculation.  To  respect  and  maintain  relative  stability  transferability  of  these 
concessions  may  be  limited  to  vessels  flying  the  same  flag.  Member  States  may  create  a 
reserve  and  introduce  a  fee  for  the  concessions,  which  under  normal  conditions  may  be 
recalled by the Member States only after expiration of their validity or invocation of an early 
warning.  

Management of fishing capacity 

The  general  obligation  for  Member  States  to  adjust  the  fleet  capacity  to  the  fishing 
opportunities is maintained. A basic fleet management policy remains necessary with overall 
fishing  capacity  ceilings  per  Member  State  established  by  the  Commission.  Transferable 
fishing  concessions  will  accelerate  fleet  capacity  reduction,  and  this  justifies  that  Member 
States should be allowed to exclude vessels with such concessions from the capacity ceilings. 
For the period when decommissioning of vessels with public aid remains possible under the 
European Fisheries Fund, the provisions on fleet capacity reductions have to remain in place. 
The  Member  State  and  Commission  fleet  registers  will  ensure  informed  monitoring  and 
management of the fleets. 

Science base for fisheries management 

Reliable  and  complete  data,  both  for  scientific  advice  and  for  implementation  and  control 
purposes  are  central  to  well-functioning  fisheries  management.  The  proposal  establishes  the 
basic  rules  and  obligations  for  Member  States  on  data  collection,  management,  data 
availability  and  access  provisions  for  the  Commission.  The  need  for  coordination  of  data 
collection  between  Member  States  in  a  decentralized  context  is  a  key  reason  for  the 
Commission to introduce a regional coordination obligation on data collection. 

To  improve  the  quality,  coherence  and  synergy  of  efforts  in  the  field  of  policy-oriented 
science, the proposal also introduces provisions for Member States to adopt national fisheries 
data collection and scientific and innovation programs and to coordinate between themselves, 
in particular with a view to the Union research and innovation framework.  

External policy  

The external policy is integrated into the CFP to ensure alignment of its objectives with the 
overall principles and objectives of the CFP. The Union shall actively participate in the works 
of  Regional  Fisheries  Management  Organizations  (RFMOs),  as  well  as  international 
multilateral bodies (UN, FAO) in order to strengthen them and enhance their performance in 
the management and conservation of international fish stocks. The Union shall advocate best 
available  science-based  positions,  contribution  to  development  of  scientific  knowledge,  and 
cooperation to strengthen compliance in the international context.  

Relations with third countries through Sustainable Fisheries Agreements (SFAs) are another 
means to promote internationally the CFP principles and objectives. SFAs shall contribute to 
the establishment of a high quality governance framework in the partner country, be coherent 
with  development  policy  objectives,  and  focusing  on  a  sustainable  and  transparent 
management  of  resources,  monitoring,  surveillance  and  control.  They  shall  ensure  that  the 
exploitation  of  fishery  resources  takes  place  on  the  basis  of  sound  scientific  advice  only 
targeting  surplus  resources  that  the  partner  country  cannot  or  does  not  want  to  fish  itself. 

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Under  SFAs,  partner  countries  shall  be  compensated  for  granting  access  to  their  fishing 
resources  and  financial  assistance  shall  be  provided  to  the  partner  countries  for  the 
implementation of their own sustainable fisheries policy.  

Aquaculture 

The  CFP  should  support  the  environmentally,  economically  and  socially  sustainable 
development of the aquaculture industry. Aquaculture contributes to food security and growth 
and jobs in coastal and rural regions. Serious progress can be achieved when Member States 
develop  on  the  basis  of  Union  strategic  guidelines  national  strategic  plans  to  facilitate  the 
sustainable development of aquaculture in relation to the business security, access to waters 
and space, and administrative simplification of licensing. There is a clear Union dimension in 
aquaculture development: strategic choices made at national level can have a bearing on such 
development  in  neighbouring  Member  States.  It  is  essential  that  Member  States  have  an 
opportunity  to  know  what  other  Member  States  are  planning  for  future  aquaculture 
development. 

The  Commission  considers  that  the  specific  nature  of  aquaculture  requires  a  focalized 
stakeholder consultation body, and proposes to this effect the creation of an Advisory Council 
for Aquaculture.  

Common Market Organization  

The  organization  of  the  common  markets  needs  to  contribute  to  the  achievement  of  the 
objectives of the CFP, to enable the industry to apply the CFP at the appropriate level, and to 
strengthen competitiveness, particularly of producers.  

Control and Enforcement 

Consistent with the new control regime as adopted with Council Regulations No 1005/2008 
and  No  1224/200913  the  proposal  integrates  the  basic  elements  for  the  Union  control  and 
enforcement regime for compliance with the rules of the CFP. In light of the introduction in 
the part on conservation of the landing obligation to avoid discards the Commission proposes 
monitoring  and  control  obligations  in  particular  in  relation  to  fully  documented  fishery,  as 
well  as  pilot  projects  on  new  fisheries  control  technologies  that  contribute  to  sustainable 
fishing.  

Financial Instruments 

To increase compliance the proposal introduces conditions for Union financial assistance that 
may be granted to contribute to the achievement of the CFP objectives. Financial assistance 
will become conditional upon compliance with the rules, and this principle will apply to both 
Member States and operators. For Member States non-compliance may result in interruption, 
suspension  or  financial  correction  to  the  Union  financial  assistance.  For  operators  serious 

13 

Council  Regulations  (EC)  No  1005/2008  on  establishing  a  Community  system  to  prevent,  deter  and 
eliminate  illegal,  unreported  and  unregulated  fishing,  and  Council  Regulation  (EC)  1224/2009  on 
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 

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infringements may lead to banning of access to financial assistance or financial reductions. In 
addition,  the  proposal  introduces  the  obligation  for  Member  States,  when  granting  financial 
assistance,  to  take  into  account  the  behaviour  (in  particular  the  absence  of  serious 
infringements) of operators in the recent past.  

Advisory Councils 

The  Commission  proposes  to  consolidate  and  where  possible  to  extend  the  experience  with 
the  Regional  Advisory  Councils  under  the  CFP.  Since  some  of  them  have  no  regional 
character  or  limitation,  the  seven  existing  councils  need  to  be  renamed  into  Advisory 
Councils, together with the creation of the Advisory Council for Aquaculture. Considering the 
specificities  of  the  Black  Sea,  an  enclosed  sea  basin  shared  with  four  states  that  are  not 
members  of  the  Union,  and  taking  into  account  the  ongoing  discussions  with  all  non  EU 
Black  Sea  countries  in  order  to  advise  on  conservation  policy  and  to  boost  co-operation 
between  Romania,  Bulgaria  and  their  sea-basin  neighbours,  the  Commission  intends  to 
establish an Advisory Council for the Black Sea by 2015. 

Final Provisions 

The final part establishes the areas for delegation of powers to the Commission, its exercise, 
revocation  and  objections,  as  well  as  the  establishment  of  a  Committee  for  Fisheries  and 
Aquaculture  in  relation  with  implementing  acts.  It  also  proposes  to  repeal  and/or 
amend relevant existing legislation. 

EN 

10 

   EN 

 
2011/0195 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the Common Fisheries Policy  

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 Commission14, 

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

Having regard to the opinion of the European and Social Committee15, 

Having regard to the opinion of the Committee of the Regions, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No  2371/200216  established  a  Community  system  for  the 
conservation  and  sustainable  exploitation  of  fisheries  resources  under  the  Common 
Fisheries Policy.  

The scope of the Common Fisheries Policy extends to conservation, management and 
exploitation  of  marine  biological  resources.  In  addition,  the  Common  Fisheries 
Policy's  scope  extends  in  relation  to  market  measures  and  financial  measures  in 
support of its objectives, to fresh water biological resources and aquaculture, as well 
as  to  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,  or  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.  

(3) 

The  Common  Fisheries  Policy  should  ensure  that  fishing  and  aquaculture  activities 
contribute to long-term sustainable environmental, economic, and social conditions. It 

14 
15 
16 

OJ 
OJ 
OJ L 358, 31.12.2002, p. 59 

EN 

11 

   EN 

 
 
                                                 
(4) 

should contribute moreover to increased productivity, a fair standard of living for the 
fisheries  sector,  stable  markets,  ensure  the  availability  of  resources  and  that  supplies 
reach consumers at reasonable prices. 

The Union is a Contracting Party to the United Nations Convention on the Law of the 
Sea  of  10  December  1982  (UNCLOS)17  and  it  has  ratified  the  United  Nations 
Agreement for the Implementation of the Provisions of the United Nations Convention 
on  the  Law  of  the  Sea  of  10  December  1982  relating  to  the  Conservation  and 
Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 
1995 (UN Fish Stocks Agreement)18. It has also accepted the Agreement to Promote 
Compliance  with  International  Conservation  and  Management  Measures  by  Fishing 
Vessels  on  the  High  Seas  of  24  November  1993  of  the  Food  and  Agriculture 
the  United  Nations  (FAO  Compliance  Agreement)19.  These 
Organisation  of 
international  instruments  predominantly  foresee  conservation  obligations,  including 
among  other  things  obligations  to  take  conservation  and  management  measures 
designed  to  maintain  or  restore  marine  resources  at  levels  which  can  produce  the 
maximum  sustainable  yield  both  within  sea  areas  under  national  jurisdiction  and  on 
the high seas, and to cooperate with other States to this end, obligations to apply the 
precautionary  approach widely to conservation,  management  and  exploitation  of  fish 
stocks, obligations to ensure compatibility of conservation and management measures 
where  marine  resources  occur  in  sea  areas  of  different  jurisdictional  status  and 
obligations  to  have  due  regard  to  other  legitimate  uses  of  the  seas.  The  Common 
Fisheries Policy should contribute to the Union's proper discharge of its international 
obligations  under  these  international  instruments.  Where  Member  States  adopt 
conservation and management measures, for which they have been empowered in the 
framework of the Common Fisheries Policy, they should also act in a manner which is 
fully consistent with the international conservation and cooperation obligations under 
the said international instruments. 

(5) 

At  the  World  Summit  on  Sustainable  Development  at  Johannesburg  in  2002,  the 
Union and its Member States committed to act against the continued decline of many 
fish  stocks.  Therefore,  the  Union  should  improve  its  Common  Fisheries  Policy  to 
ensure  that  as  a  matter  of  priority  exploitation  levels  of  marine  biological  resources 
stocks  are  restored  and  maintained  at  levels  capable  of  producing  maximum 
sustainable  yields  from  the  populations  of  harvested  stocks  by  2015.  Where  less 
scientific  information  is  available,  this  may  require  applying  proxies  to  maximum 
sustainable yield. 

(6) 

Fisheries  targets  were  laid  down  in  the  Decision  by  the  Conference  of  the  Parties  to 
the Convention on Biological Diversity on the Strategic Plan for Biodiversity 2011 – 
202020,  the  Common  Fisheries  Policy  should  ensure  coherence  with  the  biodiversity 
targets  adopted  by  the  European  Council21,  and  the  targets  of  Commission 

17 
18 
19 
20 
21 

OJ L 179, 23.06.1998, p. 1 
OJ L 189, 3.7.1998, p. 14 
OJ L 177, 16.7.1996, p. 24 
COP Decision X/2 
EU CO 7/10 of 26 March 2010. 

EN 

12 

   EN 

 
                                                 
(7) 

(8) 

(9) 

(10) 

Communication "Our life insurance, our natural capital: an EU Biodiversity Strategy 
to 2020"22, in particular to achieve maximum sustainable yield by 2015.  

Sustainable  exploitation  of  marine  biological  resources  should  be  based  on  the 
precautionary  approach,  which  is  to  be  derived  from  the  precautionary  principle 
referred to in the first subparagraph of Article 191(2) of the Treaty.  

The  Common  Fisheries  Policy  should  contribute  to  the  protection  of  the  marine 
environment  and  in  particular  to  the  achievement  of  good  environmental  status  by 
2020  the  latest  as  set  out  in  Article  1(1)  of  Directive  2008/56/EC  of  the  European 
Parliament and the Council of 17 June 2008 establishing a framework for community 
action  in  the  field  of  marine  environmental  policy  (Marine  Strategy  Framework 
Directive)23.  

An  ecosystem  based  approach  to  fisheries  management  needs  to  be  implemented, 
environmental  impacts  of  fishing  activities  should  be  limited  and  unwanted  catches 
should be minimised and progressively eliminated.  

It  is  important  that  the  management  of  the  Common  Fisheries  Policy  is  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  Common  Fisheries  Policy  also 
depends on a clear definition of responsibilities at Union, national, regional and local 
levels  and  on  the  mutual  compatibility  and  consistency  of  the  measures  taken  with 
other Union policies.  

(11)  The  Common  Fisheries  Policy  should  pay  full  regard,  where  relevant,  to  animal 

health, animal welfare, food and feed safety.  

(12) 

Implementation of the Common Fisheries Policy should take into account interactions 
with  other  maritime  affairs  as  addressed  by  the  Integrated  Maritime  Policy24, 
recognizing  that  all  matters  related  to  Europe's  oceans  and  seas  are  interlinked, 
including  maritime  spatial  planning.  Coherence  and  integration  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.  

(13)  Union fishing vessels should have equal access to Union waters and resources subject 

to the rules of the CFP. 

(14)  Rules  in  place  restricting  access  to  resources  within  the  12  nautical  mile  zones  of 
Member  States  have  operated  satisfactorily  benefiting  conservation  by  restricting 
fishing  effort  in  the  most  sensitive  part  of  Union  waters.  Those  rules  have  also 
preserved traditional fishing activities on which the social and economic development 
of  certain  coastal  communities  is  highly  dependent.  Those  rules  should  therefore 
continue to apply. 

22 
23 
24 

COM(2011)244 
OJ L 164, 25.6.2008, p. 19.  
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions on an Integrated Maritime Policy 
for the European Union, COM(2007)575final. 

EN 

13 

   EN 

 
                                                 
(15)  Marine  biological  resources  around  the  Azores,  Madeira  and  the  Canary  Islands 
should continue to be especially protected since they contribute to the preservation of 
the  local  economy  of  these  islands,  having  regard  to  the  structural,  social  and 
economic situation of those islands. The limitation of certain fishing activities in those 
waters to fishing vessels registered in the ports of the Azores, Madeira and the Canary 
Islands should therefore be maintained. 

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

(17)  Multi-annual plans should where possible cover multiple stocks where those stocks are 
jointly  exploited.  The  multiannual  plans  should  establish  the  basis  for  fixing  fishing 
opportunities  and  quantifiable  targets  for  the  sustainable  exploitation  of  stocks  and 
marine  ecosystems  concerned,  defining  clear  timeframes  and  safeguard  mechanisms 
for unforeseen developments.  

(18)  Measures  are  needed  to  reduce  and  eliminate  the  current  high  levels  of  unwanted 
catches  and  discards.  Indeed,  unwanted  catches  and  discards  constitute  a  substantial 
waste and affect negatively the sustainable exploitation of marine biological resources 
and marine ecosystems as well as the financial viability of fisheries. An obligation to 
land all catches of managed stocks caught during fishing activities in Union waters or 
by Union fishing vessels should be established and gradually implemented.  

(19)  Landings  of  unwanted  catches  should  not  result  in  full  economic  advantages  for  the 
operator.  For  landings  of  catches  of  fish  under  the  minimum  conservation  reference 
size,  the  destination  of  such  catches  should  be  limited  and  exclude  sale  for  human 
consumption.  

(20)  For the sake of conservation of stocks clear objectives should be applied with respect 

to certain technical measures.  

(21)  For  stocks  for  which  no  multi-annual  plan  has  been  established,  exploitation  rates 
delivering  maximum  sustainable  yield  should  be  ensured  by  setting  catch  and/or 
fishing effort limits. 

(22) 

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

(23)  Such relative stability of fishing activities, given the temporary biological situation of 
stocks, should safeguard 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, on certain external aspects of the creation of a 200-
mile  fishing  zone  in  the  Community25  with  effect  from  1  January  1977,  and  in 
particular Annex VII thereto. Therefore, it is in this sense that the concept of relative 
stability aimed at should be understood. 

25 

OJ C 105, 7.5.1981, p.1. 

EN 

14 

   EN 

 
                                                 
(24)  Member  States  should  be  in  a  position  to  present  substantiated  requests  to  the 
Commission  to  draw  up  measures  under  the  Common  Fisheries  Policy  for  measures 
identified  by  Member  States  as  necessary  to  comply  with  obligations  as  regards 
Special Protection Areas pursuant to Article 4 of Council Directive 2009/147/EC of 30 
November  2009  on  the  conservation  of  wild  birds26,  Special  Areas  of  Conservation 
pursuant  to  Article  6  of  Council  Directive  92/43/EEC  of  21  May  1992  on  the 
conservation  of  natural  habitats  and  of  wild  fauna  and  flora27  and  marine  protected 
areas  pursuant  to  Article  13(4)  of  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)28.  

(25)  The Commission should be able 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.  

(26)  Member States should be able to adopt conservation measures and technical measures 
for  the  implementation  of  the  Common  Fisheries  Policy  to  allow  for  the  policy  to 
better address the realities and specificities of individual fisheries and to increase the 
adherence to the policy. 

(27) 

In their 12 nautical mile zone, Member States should be allowed 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,  the 
measures  adopted  are  non-discriminatory,  prior  consultation  of  other  interested 
Member  States  has  taken  place  and  that  the  Union  has  not  adopted  measures 
specifically  addressing  conservation  and  management  within  that  12  nautical  mile 
zone.  

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

(29)  A system of transferable fishing concessions for the majority of managed stocks under 
the Common Fisheries Policy should be implemented no later than 31 December 2013 
for  all  vessels  of  12  meters'  length  or  over  and  all  other  vessels  fishing  with  towed 
gears. Member States may exclude vessels up to 12 meters' length other than vessels 
using  towed  gear  from  transferable  fishing  concessions.  Such  a  system  should 
contribute  to  industry-induced  fleet  reductions  and  improved  economic  performance 
while  at  the  same  time  creating  legally  secure  and  exclusive  transferable  fishing 
concession of a Member State's annual fishing opportunities. Since marine biological 
resources are a common good, transferable fishing concessions should only establish 
user entitlements to a Member State's part of annual fishing opportunities which may 
be recalled according to established rules.  

(30)  Fishing  concessions  should  be  transferable  and  leasable  in  order  to  decentralise 
management  of  fishing  opportunities  towards  the  fishing  industry  and  ensuring  that 
fishers leaving the industry will not need to rely on public financial assistance under 
the Common Fisheries Policy. 

26 
27 
28 

OJ L 103, 25.04.1979, p. 1.  
OJ L 206, 22.07.1992, p. 7.  
OJ L 164, 25.06.2008, p. 19 

EN 

15 

   EN 

 
                                                 
(31)  Specific  characteristics  and  socio-economic  vulnerability  of  some  small-scale  fleets 
justify  the  limitation  of  the  mandatory  system  of  transferable  fishing  concessions  to 
large  vessels.  The  system  of  transferable  fishing  concessions  should  apply  to  stocks 
for which fishing opportunities are allocated. 

(32)  For  Union  fishing  vessels  not  operating  under  a  system  of  transferable  fishing 
concessions,  specific  measures  may  be  taken  to  align  the  number  of  Union  fishing 
vessels with available resources. Such measures should set compulsory maximum fleet 
to 
capacity  ceilings  and  establish  national  entry/exit  schemes 
decommissioning funding granted under the European Fisheries Fund.  

relation 

in 

(33)  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. 

(34)  Fisheries  management  based  on  the  best  available  scientific  advice  requires 
harmonised,  reliable  and  accurate  data  sets.  Therefore  Member  states  should  collect 
data  on  fleets  and  their  fishing  activities,  in  particular  biological  data  on  catches, 
including  discards,  survey  information  on  fish  stocks  and  on  the  potential 
environmental impact of fishing activities on the marine ecosystem.  

(35)  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 these industries. 

(36)  Member States should manage and make available to end-users of scientific-data the 
collected data, on the basis of a multi-annual Union program. Member States should 
also cooperate with each other to coordinate data collection activities. Where relevant, 
Member  States  should  also  cooperate  with  third  countries  within  the  same  sea  basin 
regarding data collection. 

(37)  Policy-oriented fisheries science should be reinforced by means of nationally-adopted 
fisheries  scientific  data  collection,  research  and  innovation  programs  in  coordination 
with  other  Member  States  as  well  as  by  Union  research  and  innovation  framework 
tools. 

(38)  The  Union  should  promote  the  objectives  of  the  Common  Fisheries  Policy 
internationally.  To  this  end,  the  Union  should  strive  to  improve  the  performance  of 
regional  and 
in  conservation  and  management  of 
international  fish  stocks,  by  promoting  decision-making  based  on  science  and 
improved  compliance,  increased  transparency  and  stakeholder  participation,  and  by 
combating illegal, unreported and unregulated (IUU) fishing activities.  

international  organisations 

(39)  Sustainable  fisheries  agreements  concluded  with  third  countries  should  ensure  that 
Union  fishing  activities  in  third  country  waters  are  based  on  the  best  available 
scientific  advice,  ensuring  a  sustainable  exploitation  of  the  marine  biological 
resources.  Those  agreements,  which  provide  for  access  rights  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 monitoring, control and 
surveillance measures. 

EN 

16 

   EN 

 
(40)  The introduction of a human rights clause in sustainable fisheries agreements should 

be fully consistent with the overall Union development policy objectives.  

(41)  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 Agreements and be subject to a specific human rights 
clause. 

(42)  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 for 
European citizens and to contribute to the growing world aquatic food demand.  

(43)  The  Commission's  Strategy  for 

the  Sustainable  Development  of  European 
Aquaculture29 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.  

(44)  The  Common  Fisheries  Policy  should  contribute  to  Europe  2020  Strategy  for  smart, 
sustainable  and  inclusive  growth,  and  help  achieve  the  objectives  set  out  in  that 
strategy30.  

(45)  Aquaculture  activities  in  the  Union  are  influenced  by  different  conditions  across 
national borders, including as regards authorisations for the operators, 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  rural  areas,  as  well  as  mechanisms  to  exchange  among 
Member States information and best practices through an open method of coordination 
of national measures concerning business security, access to Union waters and space, 
and administrative simplification of licensing. 

(46)  The  specific  nature  of  aquaculture  requires  an  Advisory  Council  for  stakeholder 

consultation on elements of Union policies which could affect aquaculture. 

(47)  There is a need to strengthen the competitiveness of the Union fishery and aquaculture 
sector, and a call for simplification in support of better management of production and 
marketing  activities  of  the  sector;  the  Common  Market  Organisation  for  fishery  and 
aquaculture products should ensure a level-playing field for all fishing and aquaculture 
products  marketed  in  the  Union,  should  enable  consumers  to  make  better  informed 
choices  and  support  responsible  consumption,  and  should  improve  the  economic 
knowledge and understanding of the Union markets along the supply chain.  

(48)  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. The success of the common fisheries policy requires an 
effective  system  of  control,  inspection  and  enforcement,  including  the  fight  against 
IUU  fishing  activities.  A  Union  system  for  control,  inspection,  and  enforcement 

29 
30 

COM(2009)162final. 
COM(2010) 2020final 

EN 

17 

   EN 

 
                                                 
should be established so as to ensure compliance with the Common Fisheries Policy's 
rules. 

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

(50)  To  ensure  the  involvement  of  concerned  operators  in  the  Union  system  for  control, 
inspection, and enforcement, Member States should be able to require the holders of a 
fishing  licence  of  Union  fishing  vessels  of  12  meters  length  over  all  or  more  flying 
their flag to contribute proportionally to the costs of that system.  

(51)  The  objectives  of  the  Common  Fisheries  Policy  cannot  be  sufficiently  achieved  by 
Member  States  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, multiannual Union financial assistance focused on the priorities of 
the  Common  Fisheries  Policy  should  be  granted  to  contribute  to  the  achievement  of 
those objectives. 

(52)  Union  financial  assistance  should  be  made  conditional  upon  compliance  by 
Member States and operators with the Common Fisheries Policy. Thus such financial 
assistance  should  be  interrupted,  suspended  or  corrected  in  cases  of  non-compliance 
with  the  rules  of  Common  Fisheries  Policy  by  Member  States  and  serious 
infringements of those rules by operators. 

(53)  Dialogue with stakeholders has proven essential for the achievement of the objectives 
of  the  Common  Fisheries  Policy.  Taking  into  account  the  diverse  conditions 
throughout  Union  waters  and  increased  regionalisation  of  the  Common  Fisheries 
Policy, Advisory Councils should enable the Common Fisheries Policy to benefit from 
the knowledge and experience of all stakeholders. 

(54) 

It appears appropriate that the Commission be empowered by delegated acts to create a 
new  Advisory  Council  and  to  modify  areas  of  competence  ot  existing  ones,  in 
particular considering the specificities of the Black Sea. 

(55)  To achieve the objectives of the Common Fisheries Policy, the power to adopt acts in 
accordance with Article 290 of the Treaty should be delegated to the Commission for 
the  purpose  of  specifying  fishing  related  measures  to  alleviate  the  impact  of  fishing 
activities  in  special  areas  of  conservation,  adaptation  of  the  obligation  to  land  all 
catches  for  the  purpose  of  complying  with  the  Union's  international  obligations, 
default  conservation  measures  in  the  framework  of  multiannual  plans  or  technical 
measures,  the  recalculation  of  fleet  capacity  ceilings,  definition  of  information  on 
characteristics  and  activity  for  Union  fishing  vessels,  rules  for  carrying  out  pilot 
projects  on  new  control  technologies  and  data  management  systems,  amendments  to 
Annex  III  in  relation  to  the  areas  of  competence  for  Advisory  Councils  and  the 
compositioning and functioning of Advisory Councils.  

(56) 

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

EN 

18 

   EN 

 
(57)  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 Council.  

(58) 

In order to ensure uniform conditions for the implementation of technical operational 
requirements for the modalities for transmission of information related to fishing fleet 
registers  and  to  data  requirements  for  fisheries  management,  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 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 powers31. 

(59)  To  achieve  the  basic  objective  of  the  Common  Fisheries  Policy,  namely  to  provide 
long-term  sustainable  environmental,  economic  and  social  conditions  for  the  fishing 
and  aquaculture  sectors,  and  to  contribute  to  the  availability  of  food  supplies,  it  is 
necessary  and  appropriate  to  lay  down  rules  on  the  conservation  and  exploitation  of 
marine biological resources.  

(60) 

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 
that objective. 

(61)  Council  Decision  No  585/2004/EC  of  19  July  2004  establishing  Regional  Advisory 
Councils under the Common Fisheries Policy32 should be repealed upon entry in force 
of the corresponding rules pursuant to this Regulation. 

(62)  Regulation  (EC)  199/2008  of  25  February  2008  concerning  the  establishment  of  a 
Community framework for the collection, management and use of data in the fisheries 
sector and support scientific advice regarding the common fisheries policy33 should be 
repealed,  but  should  continue  to  apply  to  the  national  programmes  adopted  for  the 
collection and management of data for the years 2011 – 2013. 

(63)  By  reason  of  the  number  and  importance  of  the  amendments  to  be  made,  Council 

Regulation (EC) No 2371/2002 should be repealed,  

HAVE ADOPTED THIS REGULATION: 

PART I 
GENERAL PROVISIONS 

1. 

The Common Fisheries Policy shall cover: 

Article 1 
Scope 

31 
32 
33 

OJ L 55, 28.2.2011, p. 13.  
OJ L 256, 3.8.2004, p. 17. 
OJ L 60, 53.3.2008, p. 1. 

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19 

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(a) 

conservation, management and exploitation of marine biological resources; and  

(b) 

fresh water biological resources, aquaculture, and the processing and marketing 
of  fisheries  and  aquaculture  products,  in  relation  to  measures  on  markets  and 
financial measures in support of the Common Fisheries Policy. 

2. 

The  Common  Fisheries  Policy  shall  cover  the  activities  referred  to  in  paragraph  1 
where they are carried out: 

(a)  on the territory of Member States; or 

(b) 

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

(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. 

Article 2 
General Objectives  

1. 

2. 

3. 

4. 

The  Common  Fisheries  Policy  shall  ensure  that  fishing  and  aquaculture  activities 
provide  long-term  sustainable  environmental,  economic  and  social  conditions  and 
contribute to the availability of food supplies.  

The  Common  Fisheries  Policy  shall  apply  the  precautionary  approach  to  fisheries 
management,  and  shall  aim  to  ensure,  by  2015,  that  exploitation  of  living  marine 
biological  resources  restores  and  maintains  populations  of  harvested  species  above 
levels which can produce the maximum sustainable yield. 

The  Common  Fisheries  Policy  shall  implement  the  ecosystem-based  approach  to 
fisheries  management  to  ensure  that  the  impacts  of  fishing  activities  on  the  marine 
ecosystem are limited.  

The  Common  Fisheries  Policy  shall  integrate  the  Union  environmental  legislation 
requirements.  

Article 3 
Specific objectives  

For the purpose of achieving the general objectives set out in Article 2, the Common Fisheries 
Policy shall in particular: 

(a) 

eliminate unwanted catches of commercial stocks and gradually ensure that all 
catches of such stocks are landed; 

(b)  provide conditions for efficient fishing activities within an economically viable 

and competitive fishing industry;  

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20 

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(c)  promote the development of Union aquaculture activities to contribute to food 

security and employment in coastal and rural areas;  

(d) 

contribute  to  a  fair  standard  of  living  for  those  who  depend  on  fishing 
activities; 

(e) 

take into account the interests of consumers; 

(f) 

ensure systematic and harmonised data collection and management. 

Article 4 
Principles of good governance 

The  Common  Fisheries  Policy  shall  be  guided  by  the  following  principles  of  good 
governance:  

(a) 

(b) 

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

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

(c) 

a long-term perspective; 

(d)  broad 

involvement  of  stakeholders  at  all  stages  from  conception 

to 

implementation of the measures; 

(e) 

the primary responsibility of the flag State; 

(f) 

consistence with the integrated maritime policy, and with other Union policies. 

Article 5 
Definitions 

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

– 

– 

– 

– 

'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; 

'marine  biological  resources'  means  available  and  accessible  living  marine  aquatic 
species, including anadromous and catadromous species through all stages of their life 
cycle; 

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

'fishing vessel' means any vessel equipped for commercial fishing of marine biological 
resources;  

EN 

21 

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– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

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

'maximum sustainable yield' means the maximum catch that may be taken from a fish 
stock indefinitely;  

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

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

'fishing mortality rate' means the catches of a stock over a given period as a proportion 
of the average stock available to the fishery in that period; 

'stock' means a marine biological resource with distinctive characteristics that occurs 
in a given management area; 

'catch  limit'  means  a  quantitative  limit  on  landings  of  a  fish  stock  or  group  of  fish 
stocks over a given period; 

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

'safeguard'  means  a  precautionary  measure  designed  to  protect  or  prevent  something 
undesirable occurring; 

'technical  measures'  means  the  measures  that  regulate  the  species  composition,  size 
composition of catches and impacts on components of the ecosystems resulting from 
fishing  activities  through  conditioning  the  use  and  structure  of  fishing  gear  and 
restriction of access to fishing areas; 

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

'fishing 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; 

'transferable fishing concessions' means revocable user entitlements to a specific part 
of  fishing  opportunities  allocated  to  a  Member  State  or  established  in  management 
plans adopted by a Member State in accordance with Article 19 of Regulation (EC) No 

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22 

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1967/200634,  which  the  holder  may  transfer  to  other  eligible  holders  of  such 
transferable fishing concessions; 

'individual  fishing  opportunities'  means  annual  fishing  opportunities  allocated  to 
holders  of  transferable  fishing  concessions  in  a  Member  State  on  the  basis  of  the 
proportion of fishing opportunities pertaining to that Member State; 

'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 
2930/8635;  

'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; 

'fishing licence' means a licence as referred to in Article 4(9) of Regulation (EC) No 
1224/2009; 

'fishing  authorisation'  means  an  authorisation  as  referred  to  in  Article  4(10)  of 
Regulation (EC) No 1224/2009; 

'fishing'  means  the  collection  or  capture  of  aquatic  organisms  living  in  their  natural 
environment, or the intentional use of any means allowing such collection or capture; 

'fishery products' means the aquatic organisms resulting from any fishing activity;  

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

'serious  infringement'  means  an  infringement  as  defined  in  Article  42(1)  of  Council 
Regulation  (EC)  No  1005/2008  and  in  Article  90(1)  of  Council  Regulation  (EC)  No 
1224/2009; 

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

'surplus  of  allowable  catch'  means  that  part  of  the  allowable  catch  which  a  coastal 
State does not have the capacity to harvest;  

'aquaculture  products'  mean  the  aquatic  organisms  at  any  stage  of  their  life  cycle 
resulting from any aquaculture activity; 

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

OJ L 409, 30.12.2006, p. 11. 
OJ L 274, 25.9.1986, p. 1.  

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

34 
35 

EN 

23 

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– 

– 

1. 

2. 

3. 

'Mixed fisheries' means fisheries where more than one species are present in the area 
being fished and are vulnerable to being caught in the fishing gear. 

'sustainable  fisheries  agreements'  mean  international  agreements  concluded  with 
another state for the purpose of obtaining access to resources or waters in exchange for 
financial compensation from the Union. 

PART II 
ACCESS TO WATERS  

Article 6  
General rules on access to waters 

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.  

In  the  waters  up  to  12  nautical  miles  from  baselines  under  their  sovereignty  or 
jurisdiction, Member States shall be authorised from 1 January 2013 to 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.  

In the waters up to 100 nautical miles from the baselines of the Azores, Madeira and 
the  Canary  Islands,  the  Member  States  concerned  may  from  1  January  2013  to  31 
December  2022  restrict  fishing  to  vessels  registered  in  the  ports  of  those  islands. 
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 provisions which will follow arrangements set out in paragraphs 2 and 3 shall be 
adopted by 31 December 2022.  

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PART III 
MEASURES FOR THE CONSERVATION OF MARINE 
BIOLOGICAL RESOURCES  

TITLE I 
 TYPES OF MEASURES 

Article 7  
Types of conservation measures  

Measures for the conservation of marine biological resources may include the following:  

(a) 

adopting multiannual plans under Articles 9 - 11;  

(b) 

establishing targets for the sustainable exploitation of stocks; 

(c) 

(d) 

adopting  measures  for  the  purpose  of  adapting  the  number  of  fishing  vessels 
and/or types of fishing vessels to available fishing opportunities;  

establishing  incentives,  including  those  of  an  economic  nature,  to  promote 
more selective or low impact fishing; 

(e) 

fixing fishing opportunities;  

(f) 

adopting technical measures as referred to in Article 14; 

(g) 

adopting measures concerning the obligation to land all catches; 

(h) 

conducting  pilot  projects  on  alternative  types  of  fishing  management 
techniques.  

Article 8  
Types of technical measures  

Technical measures may include the following: 

(a)  mesh sizes and rules concerning the use of fishing gears; 

(b) 

 restrictions on the construction of fishing gear, including  

i)  modifications  or  additional  devices  to  improve  selectivity  or  to  reduce 

impact on the benthic zone;  

ii)  modifications  or  additional  devices  to  reduce  the  incidental  capture  of 

endangered, threatened and protected species; 

(c)  prohibitions of the use of certain fishing gears in certain areas or seasons; 

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25 

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(d)  prohibition or restriction of fishing activities in certain zones and/or periods;  

(e) 

requirements  for  fishing  vessels  to  cease  operating  in  an  area  for  a  defined 
minimum  period  in  order  to  protect  a  temporary  aggregation  of  a  vulnerable 
marine resource; 

(f) 

specific  measures  to  reduce  the  impact  of  fishing  activities  on  marine  eco-
systems and non target species;  

(g)  other technical measures aimed at protecting marine biodiversity. 

TITLE II 
 UNION MEASURES 

Article 9 
Multiannual plans  

1. 

Multiannual  plans  providing  for  conservation  measures  to  maintain  or  restore  fish 
stocks  above  levels  capable  of  producing  maximum  sustainable  yield  shall  be 
established as a priority.  

2. 

Multiannual plans shall provide for:  

(a) 

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

(b)  measures capable of effectively preventing conservation reference points from 

being transgressed.  

Multiannual plans shall, where possible, cover either fisheries exploiting single fish 
stocks or fisheries exploiting a mixture of stocks, taking due account of interactions 
between stocks and fisheries.  

Multiannual  plans  shall  be  based  on  the  precautionary  approach  to  fisheries 
management  and  shall  take  into  account  the  limitations  of  the  available  data  and 
assessment methods and all quantified sources of uncertainty in a scientifically valid 
manner.  

Article 10 
Objectives of multiannual plans  

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

In  cases  where  the  determination  of  a  fishing  mortality  rate  that  restores  and 
maintains stocks above levels capable of producing maximum sustainable yield is not 
possible,  multiannual  plans  shall  provide  for  precautionary  measures  ensuring  a 
comparable degree of conservation of the relevant stocks.  

3. 

4. 

1. 

2. 

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Article 11 
Content of multiannual plans  

A multiannual plan shall include:  

(a) 

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

(b)  objectives consistent with the objectives set out in Articles 2 and 3; 

(c)  quantifiable targets expressed in terms of: 

i) fishing mortality rates, and/or  

ii) spawning stock biomass, and 

ii) stability of catches. 

(d) 

clear time frames to reach the quantifiable targets; 

(e) 

(f) 

(g) 

technical measures including measures concerning the elimination of unwanted 
catches; 

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

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

(h)  minimisation of impacts of fishing on the eco-system;  

(i) 

safeguards and criteria activating those safeguards; 

(j) 

any other measures suitable to achieve the objectives of multiannual plans.  

Article 12  
Compliance with obligations under Union environmental legislation  

1. 

2. 

In  special  areas  of  conservation  within  the  meaning  of  Article  6  of  Directive 
92/43/EEC, of Article 4 of Directive 2009/147/EC and of Article 13(4) of Directive 
2008/56/EC, fishing activities shall be conducted by Member States in such a way so 
as to alleviate the impact from fishing activities in such special areas of conservation.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  55,  to  specify  fishing  related  measures  to  alleviate  the  impact  of  fishing 
activities in special areas of conservation.  

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Article 13  
Commission measures in case of a serious threat to marine biological resources  

1. 

2. 

On the basis of evidence of a serious threat to the conservation of marine biological 
resources,  or  to  the  marine  eco-system  and  requiring  immediate  action,  the 
Commission,  upon  a  reasoned  request  of  a  Member  State  or  on  its  own  initiative, 
may decide on temporary measures to alleviate the threat. 

The Member State shall communicate the reasoned request referred to in paragraph 1 
simultaneously to the Commission, to the other Member States and to the Advisory 
Councils concerned.  

Article 14 
 Technical measures frameworks 

Technical measures  frameworks  to ensure the protection  of  marine  biological  resources and 
the reduction of the impact of fishing activities on fish stocks and on marine eco-systems shall 
be established. Technical measures frameworks shall: 

(a) 

contribute  to  maintaining  or  restoring  fish  stocks  above  levels  capable  of 
producing maximum sustainable yield through improvements in size-selection 
and where appropriate species selection;  

(b) 

reduce catches of undersized individuals from fish stocks; 

(c) 

reduce catches of unwanted marine organisms; 

(d)  mitigate the impact of fishing gear on the ecosystem and the environment, with 

particular regard to the protection of biologically sensitive stocks and habitats. 

Article 15  
Obligation to land all catches 

1. 

All catches of the following fish stocks subject to catch limits caught during fishing 
activities in Union waters or by Union fishing vessels outside Union waters shall be 
brought  and  retained  on  board  the  fishing  vessels  and  recorded  and  landed,  except 
when used as live bait, , in accordance with the following timeframe: 

(a)  At the latest from 1 January 2014: 

–  mackerel,  herring,  horse  mackerel,  blue  whiting,  boarfish,  anchovy,  argentine, 

sardinella, capelin; 

–  bluefin tuna, swordfish, albacore tuna, bigeye tuna, other billfish. 

(b)  At the latest from 1 January 2015: cod, hake, sole; 

(c)  At  the  latest  from  1  January  2016:  haddock,  whiting,  megrim,  anglerfish, 
plaice, ling, saithe, pollack, lemon sole, turbot, brill, blue ling, black scabbard, 

EN 

28 

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roundnose  grenadier,  orange  roughy,  Greenland  halibut,  tusk,  redfish  and 
Mediterranean demersal stocks.  

Minimum conservation reference sizes based on the best  available  scientific  advice 
shall be established for the fish stocks set out in paragraph 1. The sale of catches of 
such  fish  stocks  below  the  minimum  conservation  reference  size  shall  be  restricted 
for reduction to fish meal or pet food only. 

Marketing  standards  for  catches  of  fish  caught  in  excess  of  fixed  fishing 
opportunities shall be established in accordance with Article 27 of [the Regulation on 
the common organisation of the markets in fishery and aquaculture products]. 

Member States shall ensure that Union fishing vessels flying their flag are equipped 
to ensure full documentation of all fishing and processing activities for the purpose 
of monitoring compliance with the obligation to land all catches. 

Paragraph 1 shall be without prejudice to international obligations. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  55  to  specify  the  measures  set  out  in  paragraph  1  for  the  purpose  of 
complying with the Union's international obligations. 

Article 16  
Fishing opportunities 

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

By-catch fishing opportunities may be reserved under the total fishing opportunities. 

Fishing  opportunities  shall  comply  with  quantifiable  targets,  time  frames  and 
margins established in accordance with Article 9(2) and 11(b), (c) and (h). 

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

2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

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TITLE III  
REGIONALISATION 

CHAPTER I 
MULTIANNUAL PLANS 

Article 17  
Conservation measures adopted in accordance with multiannual plans 

1. 

2. 

In  a  multiannual  plan  established  pursuant  to  Articles  9,  10  and  11  Member  States 
may  be  authorised  to  adopt  measures,  in  accordance  with  that  multiannual 
plan,which specify the conservation measures applicable to vessels flying their flagin 
relation  to  stocks  in  Union  waters  for  which  they  have  been  allocated  fishing 
opportunities.  

Member  States  shall  ensure  that  conservation  measures  adopted  pursuant  to 
paragraph 1: 

(a) 

are compatible with the objectives set out in Articles 2 and 3;  

(b) 

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

(c)  meet  the  objectives  and  quantifiable  targets  set  out  in  a  multiannual  plan 

effectively; and  

(d) 

are no less stringent than those existing in Union legislation. 

Article 18 
Notification of Member State conservation measures 

Member  States  adopting  conservation  measures  pursuant  to  Article  17(1)  shall  notify  the 
Commission,  other  interested  Member  States  and  relevant  Advisory  Councils  of  such 
measures.  

Article 19  
Assessment  

The Commission may at any time assess the compatibility and effectiveness of conservation 
measures adopted by Member States pursuant to Article 17(1). 

Article 20  
Default conservation measures adopted in the framework of multiannual plans  

1. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  55  to  specify  the  conservation  measures  for  fisheries  covered  by  a 

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multiannual  plan,  if  the  Member  States  authorised  to  take  measures  in  accordance 
with Article 17 do not notify such measures to the Commission within three months 
after the date of entry into force of the multiannual plan.  

2. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  55  to  specify  conservation  measures  for  fisheries  covered  by  a  multiannual 
plan, if  

(a)  Member State measures are deemed not to be compatible with the objectives of 
a multiannual plan on the basis of an assessment carried out pursuant to Article 
19 or  

(b)  Member State measures are deemed not to meet the objectives and quantifiable 
targets set out in multiannual plans effectively, on the basis of an assessment 
carried out pursuant to Article 19, or 

(c) 

safeguards established in accordance with Article 11(i) are triggered.  

3. 

The conservation measures adopted by the Commission shall aim at ensuring that the 
objectives and targets set out in the multiannual plan are met. Upon the adoption of 
the delegated act by the Commission, the Member State measures shall cease to be 
effective. 

CHAPTER II 
TECHNICAL MEASURES 

Article 21 
Technical measures 

In a technical measures framework established pursuant to Article 14 Member States may be 
authorised to adopt measures, in accordance with that framework, which specify the technical 
measures applicable to vessels flying their flag in relation to stocks in their waters for which 
they have been allocated fishing opportunities. Member States shall ensure that such technical 
measures: 

(a) 

(b) 

(c) 

are compatible with the objectives set out in Articles 2 and 3; 

are  compatible  with  the  objectives  set  out  in  measures  adopted  in  accordance  with 
Article 14; 

meet  the  objectives  set  out  in  measures  adopted  in  accordance  with  Article  14 
effectively; and 

(d) 

are no less stringent than those existing in Union legislation.  

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Article 22 
Notification of Member State technical measures 

Member  States  adopting  technical  measures  pursuant  to  Article  21  shall  notify  the 
Commission,  other  interested  Member  States  and  relevant  Advisory  Councils  of  such 
measures.  

Article 23 
Assessment  

The  Commission  may  at  any  time  assess  the  compatibility  and  effectiveness  of  technical 
measures adopted by Member States pursuant to Article 21. 

1. 

2. 

3. 

Article 24  
Default measures adopted under a technical measures' framework 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  55  to  specify  the  technical  measures  covered  by  a  technical  measures 
framework,  if  the  Member  States  authorised  to  take  measures  in  accordance  with 
Article 21 do not notify such measures to the Commission within three months after 
the date of entry into force of the technical measures framework.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 55 to specify technical measures, if Member State measures are deemed on 
the basis of an assessment carried out pursuant to Article 23: 

(b)  not  to  be  compatible  with  the  objectives  set  out  in  a  technical  measures 

framework or 

(b)  not  to  meet  the  objectives  set  out  in  such  a  technical  measures  framework 

effectively.  

The  technical  measures  adopted  by  the  Commission  shall  aim  at  ensuring  that  the 
objectives  of  the  technical  measures  framework  are  met.  Upon  the  adoption  of  the 
delegated  act  by  the  Commission,  the  Member  State  measures  shall  cease  to  be 
effective. 

TITLE IV 
 NATIONAL MEASURES 

Article 25  
Member States' measures applicable solely to fishing vessels flying their flag 

A  Member  State  may  adopt  measures  for  the  conservation  of  fish  stocks  in  Union  waters 
provided that those measures: 

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(a) 

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 the territory; 

(b) 

are compatible with the objectives set out in Articles 2 and 3; and  

(c) 

are no less stringent than those in existing Union legislation.  

Article 26  
Member State measures within the 12 nautical mile zone 

A  Member  State  may  take  non-discriminatory  measures  for  the  conservation  and 
management of fish stocks and to minimise the effect of fishing on the conservation 
of  marine  eco-systems  within  12  nautical  miles  of  its  baselines  provided  that  the 
Union  has  not  adopted  measures  addressing  conservation  and  management 
specifically for that area. The Member State measures shall be compatible with the 
objectives  set  out  in  Articles  2  and  3  and  no  less  stringent  than  those  in  existing 
Union legislation. 

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 
relevant  Advisory  Councils  on  a  draft  of  the  measures  accompanied  by  an 
explanatory memorandum. 

PART IV  
ACCESS TO RESOURCES 

Article 27 
Establishment of systems of transferable fishing concessions 

Each  Member  State  shall  establish  a  system  of  transferable  fishing  concessions  no 
later than 31 December 2013 for 

(a) 

all fishing vessels of 12 meters length over all or more; and  

(b) 

all fishing vessels under 12 meters length overall fishing with towed gear.  

Member States may extend the system of transferable fishing concessions to fishing 
vessels of less than 12 meters length overall and deploying other types of gear than 
towed gear and shall inform the Commission thereof. 

1. 

2. 

1. 

2. 

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1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

Article 28 
Allocation of transferable fishing concessions 

A transferable fishing concession shall establish an entitlement to use the individual 
fishing opportunities allocated in accordance with Article 29(1).  

Each  Member  State  shall  allocate  transferable  fishing  concessions  on  the  basis  of 
transparent criteria, for each stock or group of stocks for which fishing opportunities 
are allocated in accordance with Article 16, excluding fishing opportunities obtained 
under sustainable fisheries agreements. 

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

Transferable  fishing  concessions  may  only  be  allocated  by  a  Member  State  to  an 
owner of a fishing vessel flying the flag of that Member State, or to legal or natural 
persons  for  the  purpose  of  being  used  on  such  a  vessel.  Transferable  fishing 
concessions  may  be  pooled  together  for  collective  management  by  legal  or  natural 
persons  or  recognized  producer  organisations.  Member  States  may  limit  eligibility 
for  receiving  transferable  fishing  concessions  on  the  basis  of  transparent  and 
objective criteria.  

Member States may limit the period of validity of transferable fishing concessions to 
a period of at least 15 years, for the purpose of reallocating such concessions. Where 
Member  States  have  not  limited  the  period  of  validity  of  the  transferable  fishing 
concessions, they may recall such concessions with a notice of at least 15 years.  

Member  States  may  recall  transferable  fishing  concessions  with  a  shorter  notice  in 
the  event  of  an  established  serious  infringement  committed  by  the  holder  of  the 
concessions. Such recalls shall be operated in a manner which gives full effect to the 
Common  Fisheries  Policy,  the  proportionality  principle  and,  whenever  necessary, 
with immediate effect. 

Notwithstanding  paragraph  5  and  6,  Member  States  may  recall  transferable  fishing 
concessions  that  have  not  been  used  on  a  fishing  vessel  for  a  period  of  three 
consecutive years. 

Article 29 
Allocation of individual fishing opportunities  

Member  States  shall  allocate  individual  fishing  opportunities  to  holders  of 
transferable fishing concessions, as referred to in Article 28, on the basis of fishing 
opportunities  allocated  to  the  Member  States,  or  established  in  management  plans 
adopted  by  Member  States  in  accordance  with  Article  19  of  Regulation  (EC)  No 
1967/2006. 

Member States shall determine fishing opportunities that, based on the best available 
scientific advice, can be allocated to fishing vessels flying their flag for species for 
which the Council has not fixed fishing opportunities. 

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3. 

4. 

5. 

6. 

Fishing  vessels  shall  undertake  fishing  activities  only  when  in  possession  of 
sufficient individual fishing opportunities to cover all their potential catch.  

Member States may reserve up to 5% of fishing opportunities. They shall establish 
objectives  and  transparent  criteria  for  the  allocation  of  such  reserved  fishing 
opportunities. Those fishing opportunities may only be allocated to eligible holders 
of transferable fishing concessions as set out in Article 28(4).  

When allocating transferable fishing concessions in accordance with Article 28 and 
when allocating fishing opportunities in accordance with paragraph 1 of this Article, 
a Member State may provide incentives to fishing vessels deploying selective fishing 
gear  that  eliminates  unwanted  by-catch  within  the  fishing  opportunities  assigned  to 
that Member State. 

Member  States  may  set  fees  for  the  use  of  individual  fishing  opportunities  to 
contribute to fisheries management-related costs. 

Article 30 
Register of transferable fishing concessions and individual fishing opportunities 

Member States shall establish and maintain a register of transferable fishing concessions and 
individual fishing opportunities. 

Article 31 
Transfer of transferable fishing concessions 

Transferable  fishing  concessions  may  be  fully  or  partially  transferred  within  a 
Member State among eligible holders of such concessions. 

A  Member  State  may  authorise  transfer  of  transferable  fishing  concessions  to  and 
from other Member States. 

Member  States  may  regulate  the  transfer  of  transferable  fishing  concessions  by 
providing  for  conditions  for  their  transfer  on  the  basis  of  transparent  and  objective 
criteria.  

Article 32 
Leasing of individual fishing opportunities 

Individual  fishing  opportunities  may  be  fully  or  partially  leased  within  a  Member 
State. 

A Member State may authorise the leasing of individual fishing opportunities to and 
from other Member States.  

1. 

2. 

3. 

1. 

2. 

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Article 33  
Allocation of fishing opportunities not subject to a system of transferable fishing 
concessions 

1. 

Each  Member  State  shall  decide  how  fishing  opportunities  assigned  to  it  in 
accordance  with  Article  16,  and  which  are  not  subject  to  a  system  of  transferable 
fishing  concessions,  may  be  allocated  to  vessels  flying  its  flag.  It  shall  inform  the 
Commission of the allocation method.  

PART V 
MANAGEMENT OF FISHING CAPACITY 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Article 34 
Adjustment of fishing capacity 

Member  States  shall  put  in  place  measures  to  adjust  the  fishing  capacity  of  their 
fleets in order to achieve an effective balance between such fishing capacity and their 
fishing opportunities. 

No  exit  from  the  fleet  supported  by  public  aid  granted  under  the  framework  of  the 
European Fisheries Fund for the 2007-2013 programming period shall be permitted 
unless  preceded  by  the  withdrawal  of  the  fishing  licence  and  the  fishing 
authorisations. 

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

Member  States  shall  ensure  that  from  1  January  2013  the  fishing  capacity  of  their 
fleet  does  not  exceed  at  any  time  the  fishing  capacity  ceilings  established  in 
accordance with Article 35.  

Article 35  
Management of fishing capacity 

Each  Member  State  fleet  shall  be  subject  to  fishing  capacity  ceilings  as  set  out  in 
Annex II.  

Member States may request the Commission to exclude fishing vessels subject to a 
system of transferable fishing concessions established in accordance with Article 27 
from the fishing capacity ceilings established in accordance with paragraph 1. In that 
case  the  fishing  capacity  ceilings  shall  be  re-calculated  to  take  into  account  the 
fishing vessels which are not subject to a system of transferable fishing concessions. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 55 concerning the re-calculation of the fishing capacity ceilings as referred to 
in paragraphs 1 and 2. 

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36 

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1. 

2. 

3. 

4. 

5. 

1. 

Article 36 
Fishing fleet registers 

Member States shall record the information on characteristics and activity for Union 
fishing  vessels  flying  their  flag  that  is  necessary  for  the  management  of  measures 
established under this Regulation. 

Member States shall make available to the Commission the information referred to in 
paragraph 1. 

The  Commission  shall  set  up  a  Union  fishing  fleet  register  containing  the 
information that it receives pursuant paragraph 2. 

The information contained in the Union fishing fleet register shall be made available 
to all Member States. The Commission shall be empowered to adopt delegated acts 
in accordance with Article 55 concerning the definition of the information referred to 
in paragraph 1. 

The Commission shall establish technical operational requirements for the modalities 
for  transmission  of  the  information  referred  to  in  paragraphs  2,  3  and  4.  Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 56. 

PART VI 
SCIENCE BASE FOR FISHERIES MANAGEMENT 

Article 37 
Data requirements for fisheries management 

Member States shall collect biological, technical, environmental and socio-economic 
data  necessary  for  ecosystem  based  fisheries  management,  manage  them  and  make 
them  available  to  end  users  of  scientific  data,  including  bodies  designated  by  the 
Commission. Those data shall in particular enable the assessment of: 

(a) 

the state of exploited marine biological resources,  

(b) 

(c) 

the  level  of  fishing  and  the  impact  that  fishing  activities  have  on  the  marine 
biological resources and on the marine eco-systems, and 

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

2. 

Member States shall:  

(d) 

ensure that the collected data are accurate and reliable;  

(e) 

avoid duplication of data collection for different purposes;  

(f) 

ensure  safe  storage  of  collected  data  and  where  applicable  appropriate 
protection and confidentiality of collected data; 

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(g) 

ensure  that  the  Commission,  or  bodies  designated  by  it,  have  access  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. 

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

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

The  collection,  management  and  use  of  data  shall  be  done  in  the  framework  of  a 
multi-annual  programme  as  of  2014.  Such  a  multi-annual  programme  shall  include 
targets  for  the  precision  of  the  data  to  be  collected,  and  aggregation  levels  for  the 
collection, management and use of such data.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 55, to specify the targets for the precision of the data to be collected and to 
define the aggregation levels for the collection, management and use of such data, for 
the multi-annual programme referred to in paragraph 5.  

The Commission shall establish technical operational requirements for the modalities 
of  transmission  of  the  data  collected.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 56.  

Article 38  
Research programs  

Member States shall adopt national fisheries scientific data collection, research and 
innovation  programs.  They  shall  coordinate  their  fisheries  data  collection,  research 
and  innovation  activities  with  other  Member  States  and  Union  research  and 
innovation frameworks.  

Member  States  shall  ensure  availability  of  relevant  competences  and  human 
resources to be involved in the scientific advisory process. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

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PART VII  
EXTERNAL POLICY 

TITLE I 
INTERNATIONAL FISHERIES ORGANISATIONS 

Article 39 
Objectives  

1. 

2. 

3. 

The  Union  shall  participate  in  the  activities  of  international  organisations  dealing 
with  fisheries,  including  regional  fisheries  management  organisations  (RFMOs)  in 
line  with  international  obligations  and  policy  objectives  and  consistent  with  the 
objectives set out in Articles 2 and 3.  

The positions of the Union in international organisations dealing with fisheries and 
RFMOs shall be based on the best available scientific advice to ensure that fishery 
resources  are  maintained  above  or  restored  above  levels  capable  of  producing 
maximum sustainable yield. 

The  Union  shall  actively  contribute  to  and  support  the  development  of  scientific 
knowledge and advice in RFMOs and international organisations. 

Article 40 
Compliance with international provisions  

The  Union  shall  cooperate  with  third  countries  and  international  organisations  dealing  with 
fisheries,  including  RFMOs,  to  strengthen  compliance  with  measures  adopted  by  such 
international organisations.  

TITLE II  
SUSTAINABLE FISHERIES AGREEMENTS 

Article 41  
Principles and objectives of Sustainable Fisheries Agreements  

1. 

2. 

Sustainable  Fisheries  Agreements  with  third  countries  shall  establish  a  legal, 
economic and environmental governance framework for fishing activities carried out 
by Union fishing vessels in third country waters. 

Union fishing vessels shall only catch surplus of the allowable catch determined by 
the third country as referred to in Article 62(2) of the United Nations Convention on 
the Law of the Sea, and identified on the basis of the best available scientific advice 

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and  relevant  information  exchanged  between  the  Union  and  the  third  country 
concerned about the total fishing effort on the affected stocks, in order to ensure that 
fishery  resources  remain  above  levels  capable  of  producing  maximum  sustainable 
yield.  

Article 42  
Financial assistance  

The  Union  shall  provide  financial  assistance  to  third  countries  through  sustainable 
Fisheries Agreements in order to:  

support part of the cost of access to the fisheries resources in third country waters; 

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

PART VIII 
AQUACULTURE  

Article 43 
Promoting aquaculture  

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

(a) 

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

(b) 

encouraging economic activity; 

(c)  diversification and improvement of the quality of life in coastal and rural areas; 

(d) 

a  level-playing  field  for  aquaculture  operators  in  relation  to  access  to  waters 
and space. 

Member  States  shall  establish  a  multiannual  national  strategic  plan  for  the 
development of aquaculture activities on their territory by 2014. 

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

Multiannual national strategic plans shall aim in particular at the following: 

1. 

(a) 

(b) 

1. 

2. 

3. 

4. 

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(a) 

administrative simplification, in particular regarding licenses;  

(b) 

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

(c) 

indicators for environmental, economic and social sustainability; 

(d) 

assessment of other possible cross-bordering effects on neighbouring Member 
States.  

5. 

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

Article 44 
Consultation of Advisory Councils 

An Advisory Council on aquaculture shall be established in accordance with Article 53.  

PART IX 
 COMMON MARKET ORGANISATION 

Article 45 
Objectives 

1. 

A common organisation of the markets in fishery and aquaculture products shall be 
established to: 

(a) 

contribute to the achievement of the objectives laid down in Articles 2 and 3; 

(b) 

(c) 

(d) 

enable  the  fishery  and  aquaculture  industry  to  apply  the  Common  Fisheries 
Policy at the appropriate level; 

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

improve  the  transparency  of  the  markets,  in  particular  as  regards  economic 
knowledge and understanding of the Union markets for fishery and aquaculture 
products along the supply chain and consumer awareness; 

(e) 

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

2. 

The common organisation of the markets shall apply to the fishery and aquaculture 
products  listed  in  Annex  I  to  [the  Regulation  on  the  common  organisation  of  the 
markets in fishery and aquaculture products], which are marketed in the Union.  

3. 

The common organisation of the markets shall comprise in particular: 

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

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41 

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(b) 

common marketing standards. 

PART X 
CONTROL AND ENFORCEMENT 

Article 46 
Objectives 

1. 

Compliance with the rules of the Common Fisheries Policy shall be ensured through 
an  effective  Union  fisheries  control  system,  including  the  fight  against  illegal, 
unreported and unregulated (IUU) fishing. 

2. 

The Union fisheries control system shall in particular be based on:  

(a) 

a global and integrated approach;  

(b) 

(c) 

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

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

(d) 

the development of a culture of compliance among operators; 

(e) 

the establishment of effective, proportionate and dissuasive sanctions. 

Article 47 
Pilot projects on new control technologies and data management systems 

1. 

2. 

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

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  55  concerning  rules  for  carrying  out  pilot  projects  on  new  control 
technologies and data management systems.  

Article 48 
Contribution to control, inspection and enforcement costs 

Member States may require holders of a fishing licence for fishing vessels of 12 meters length 
overall or more flying their flag to contribute proportionally to the costs of implementing the 
Union fisheries control system. 

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PART XI 
FINANCIAL INSTRUMENTS 

Article 49 
Objectives 

Union financial assistance may be granted to contribute to the achievement of the objectives 
set out in Articles 2 and 3.  

1. 

2. 

1. 

2. 

3. 

Article 50 
Conditions for financial assistance towards Member States 

Union  financial  assistance  towards  Member  States  shall  be  conditional  upon 
compliance with the rules of the Common Fisheries Policy by Member States.  

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

Article 51 
Conditions for financial assistance towards operators 

Union  financial  assistance  towards  operators  shall  be  conditional  upon  compliance 
with the rules of the Common Fisheries Policy by operators.  

Serious infringements by operators of the rules of the Common Fisheries Policy shall 
result  in  temporary  or  permanent  bans  on  access  to  the  Union  financial  assistance 
and/or the application of financial reductions. Such measures shall be proportionate 
to the nature, extent, duration and repetition of serious infringements. 

Member  States  shall  ensure  that  Union  financial  assistance  is  granted  only  if  no 
sanctions  for  serious  infringements  have  been  imposed  to  the  concerned  operator 
within  a  period  of  1  year  prior  to  the  date  of  application  for  Union  financial 
assistance. 

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PART XII 
ADVISORY COUNCILS  

Article 52 
 Advisory Councils  

1. 

2. 

Advisory  Councils  are  established  for  each  of  the  areas  of  competence  set  out  in 
Annex III, to promote a balanced representation of all stakeholders and to contribute 
to the achievement of the objectives set out in Articles 2 and 3.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 55 concerning amendments to that Annex to change the areas of competence, 
to create new areas of competence for Advisory Councils or to create new Advisory 
Councils.  

3. 

Each Advisory Council shall establish its rules of procedure.  

Article 53  
Tasks of Advisory Councils  

1. 

Advisory Councils may:  

(a) 

(b) 

(c) 

submit  recommendations  and  suggestions  on  matters  relating  to  fisheries 
management  and  aquaculture  to  the  Commission  or  to  the  Member  State 
concerned; 

inform  the  Commission  and  Member  States  of  problems  relating  to  fisheries 
management and aquaculture in their area of competence; 

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

The  Commission  and,  where  relevant,  the  Member  State  concerned,  shall  reply 
within  a  reasonable  time  period  to  any  recommendation,  suggestion  or  information 
received pursuant to paragraph 1.  

Article 54 
Composition, functioning and funding of Advisory Councils 

Advisory  Councils  shall  be  composed  of  organizations  representing  the  fisheries 
operators and other interest groups affected by the Common Fisheries Policy. 

Each  Advisory  Council  shall  consist  of  a  general  assembly  and  an  executive 
committee and shall adopt the measures necessary for its organization and to ensure 
transparency and the respect of all opinions expressed.  

Advisory  Councils  may  apply  for  Union  financial  assistance  as  bodies  pursuing  an 
aim of general European interest.  

2. 

1. 

2. 

3. 

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4. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 55 concerning the composition and the functioning of Advisory Councils. 

PART XIII 
PROCEDURAL PROVISIONS 

Article 55 
Exercise of delegation 

1. 

2. 

3. 

4. 

5. 

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

The delegation of power referred to in Articles 12(2), 15(6), 20(1) and (2), 24(1) and 
(2),  35(3),  36(4),  37(6),  47(2),  52(2),  54(4)  shall  be  conferred  for  an  indeterminate 
period of time from 1 January 2013.  

The delegation of power referred to in Articles 12(2), 15(6), 20(1) and (2), 24(1) and 
(2),  35(3),  36(4),  37(6),  47(2),  52(2),  54(4)  may  be  revoked  at  any  time  by  the 
European Parliament or by the Council. A decision of revocation shall put an end to 
the  delegation  of  the  powers  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.  

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

A delegated act adopted pursuant to Articles 12(3), 15(4),  20(1) and  (2), 24(1) and 
(2), 35(3), 36(4), 37(7), 47(2), 52(2), 54(4) shall enter into force only if no objection 
has been expressed either by the European Parliament or the Council within a period 
of 2 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 2 months at the initiative of the European Parliament or the Council.  

Article 56 
Implementation 

In the implementation of the rules of the Common Fisheries Policy, 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.Where  reference  is  made  to  this 
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.  

EN 

45 

   EN 

 
Part XIV 
FINAL PROVISIONS 

Article 57 
Repeals 

1. 

Regulation (EC) No 2371/2002 is repealed.  

2. 

3. 

4. 

5. 

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

Decision (EC) No 2004/585 is hereby repealed with effect from the entry into force 
of the rules adopted under Articles 51(4) and 52(4). 

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

Regulation (EC) No 199/2008 is repealed.  

Regulation (EC) No 639/2004 is repealed.  

Article 58 
Transitional measures 

Notwithstanding  Article  57(4),  Regulation  (EC)  No  199/2008  shall  continue  to  apply  to  the 
national programmes adopted for the collection and management of data for the years 2011 - 
2013.  

Article 59 
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. 

It shall apply from 1 January 2013.  

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

46 

   EN 

 
ANNEX I 
ACCESS TO COASTAL WATERS WITHIN THE MEANING OF ARTICLE 6(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 

Herring  Unlimited 

Coquet Island east 

2. Flamborough Head east 

Herring  Unlimited 

Spurn Head east 

3. Lowestoft east 

Lyme Regis south 

4. Lyme Regis south 

Eddystone south 

5. Eddystone south 

Longships south-west 

6. Longships south-west 

Hartland Point north-west 

All 
species 

Unlimited 

Demersal Unlimited 

Demersal

Unlimited 

Scallops 

Unlimited 

Lobster 

Unlimited 

Crawfish

Unlimited 

Demersal

Unlimited 

Crawfish

Unlimited 

Lobster 

Unlimited 

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

Demersal Unlimited 

Island 

EN 

47 

   EN 

 
 
 
 
 
 
 
 
8. From a line due west Lundy Island to Cardigan 

Harbour 

9. Point Lynas North 

Morecambe Light Vessel east 

All 
species 

All 
species 

Unlimited 

Unlimited 

10. County Down 

Demersal Unlimited 

11. New Island north-east 

Sanda Island south-west 

12. Port Stewart north 

Barra Head west 

13. Latitude 57°40'N 

Butt of Lewis west 

14. St Kilda, Flannan Islands 

15. West of the line joining Butt of Lewis lighthouse 

to the point 59°30'N-5°45'W 

All 
species 

All 
species 

All 
species 

Except 
shellfish 

All 
species 

All 
species 

Unlimited 

Unlimited 

Unlimited 

Unlimited 

Unlimited 

B. ACCESS FOR IRELAND  

Geographical area 

Species 

Importance or 
particular 
characteristics 

United Kingdom coast (6 to 12 nautical miles) 

1. Point Lynas north 

Demersal

Unlimited 

Mull of Galloway south 

Nephrops

Unlimited 

2. Mull of Oa west 

Demersal

Unlimited 

Barra Head west 

Nephrops

Unlimited 

C. ACCESS FOR GERMANY  

Geographical area 

Species 

Importance 

EN 

48 

   EN 

 
or  particular 
charactristics

United Kingdom coast (6 to 12 nautical miles) 

1. East of Shetlands and Fair Isle between lines drawn 

Herring  Unlimited 

due south-east from Sumbrugh Head lighthouse due 
north-east from Skroo lighthouse and due south-west 
from Skadan lighthouse 

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

Herring  Unlimited 

east 

3. North Foreland lighthouse east, Dungeness new 

Herring  Unlimited 

lighthouse south 

4. Zone around St Kilda 

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 

Mackerel 

Unlimited 

Herring  Unlimited 

6. Zone around North Rona and Sulisker (Sulasgeir) 

Herring  Unlimited 

D. ACCESS FOR THE NETHERLANDS  

Geographical area 

United Kingdom coast (6 to nautical 12 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 

Species  Importance or 

particular 
characteristics

Herring  Unlimited 

2. Berwick upon Tweed east, Flamborough Head east 

Herring  Unlimited 

3. North Foreland east, Dungeness new lighthouse south  Herring  Unlimited 

E. ACCESS FOR BELGIUM  

Geographical area 

Species 

Importance or 
particular 
characteristics

EN 

49 

   EN 

 
United Kingdom coast (6 to nautical 12 miles) 

1. Berwick upon Tweed east 

Herring  Unlimited 

Coquer Island east 

2. Cromer north 

North Foreland east 

Demersal  Unlimited 

3. North Foreland east 

Demersal 

Unlimited 

Dungeness new lighthouse south 

Herring 

Unlimited 

4. Dungeness new lighthouse south, Selsey Bill south  Demersal  Unlimited 

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

Demersal  Unlimited 

2. COASTAL WATERS OF IRELAND  

A. ACCESS FOR FRANCE  

Geographical area 

Irish coast (6 to 12 nautical miles) 

1. Erris Head north-west 

Sybil Point west 

2. Mizen Head south 

Stags south 

3. Stags south 

Cork south 

4. Cork south, Carnsore Point south 

5. Carnsore Point south, Haulbowline south-east 

Species 

Importance or 
particular 
characteristics 

Demersal 

Unlimited 

Nephrops

Unlimited 

Demersal 

Unlimited 

Nephrops

Unlimited 

Mackerel 

Unlimited 

Demersal 

Unlimited 

Nephrops

Unlimited 

Mackerel 

Unlimited 

Herring 

Unlimited 

All 
species 

All 
species, 

Unlimited 

Unlimited 

EN 

50 

   EN 

 
except 
shellfish 

B. ACCESS FOR THE UNITED KINGDOM  

Geographical area 

Irish coast (6 to 12 miles) 

1. Mine Head south 

Hook Point 

2. Hook Point 

Carlingford Lough 

C. ACCESS FOR THE NETHERLANDS  

Geographical area 

Irish coast (6 to 12 miles) 

1. Stags south 

Carnsore Point south 

D. ACCESS FOR GERMANY  

Geographical area 

Species 

Importance or 
particular 
characteristics

Demersal 

Unlimited 

Herring 

Unlimited 

Mackerel 

Unlimited 

Demersal 

Unlimited 

Herring 

Unlimited 

Mackerel 

Unlimited 

Nephrops 

Unlimited 

Scallops 

Unlimited 

Species 

Importance or 
particular 
characteristics

Herring 

Unlimited 

Mackerel 

Unlimited 

Species 

Importance or 
particular 
characteristics

Irish coast (6 to 12 nautical miles) 

1. Old Head of Kinsale south 

Herring  Unlimited 

EN 

51 

   EN 

 
Carnsore Point south 

2. Cork south 

Carnsore Point south 

E. ACCESS FOR BELGIUM  

Geographical area 

Irish coast (6 to 12 nautical miles) 

1. Cork south 

Carnsore Point south 

Mackerel  Unlimited 

Species 

Importance or 
particular 
characteristics

Demersal  Unlimited 

2. Wicklow Head east 

Demersal  Unlimited 

Carlingford Lough south-east 

3. COASTAL WATERS OF BELGIUM  

Geographical area 

Member 
State 

Species  Importance or 

particular 
characteristics

3 to 12 nautical miles 

Netherlands  All 

Unlimited 

species 

France 

Herring  Unlimited 

4. COASTAL WATERS OF DENMARK  

Geographical areas 

North Sea coast (Danish/German frontier 
to Hanstholm) 

(6 to 12 nautical miles) 

Member 
State 

Species 

Importance  or 
particular 
characteristics

Germany 

Flatfish 

Unlimited 

Unlimited 

Shrimps 
and 
prawns 

Danish/German frontier to Blåvands Huk  Netherlands Flatfish  Unlimited 

EN 

52 

   EN 

 
 
 
Blåvands Huk to Bovbjerg 

Belgium 

Cod 

Unlimited  only 
during June and 
July 

Roundfish  Unlimited 

Haddock  Unlimited  only 
during June and 
July 

Germany 

Flatfish  Unlimited 

Netherlands

Plaice 

Unlimited 

Thyborøn to Hanstholm 

Belgium 

Sole 

Unlimited 

Whiting  Unlimited  only 
during June and 
July 

Plaice 

Unlimited  only 
during June and 
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 

EN 

53 

   EN 

 
 
 
Skagerrak 

Belgium 

Plaice 

(Hanstholm to Skagen) 

(4 to 12 nautical miles) 

Germany 

Flatfish 

Sprat 

Cod 

Saithe 

Unlimited  only 
during June and 
July 

Unlimited 

Unlimited 

Unlimited 

Unlimited 

Haddock 

Unlimited 

Mackerel 

Unlimited 

Herring 

Whiting 

Netherlands

Cod 

Plaice 

Sole 

Unlimited 

Unlimited 

Unlimited 

Unlimited 

Unlimited 

Germany 

Cod 

Unlimited 

Flatfish  Unlimited 

Nephrops  Unlimited 

Herring  Unlimited 

Germany 

Sprat 

Unlimited 

Kattegat 

(3 to 12 miles) 

North  of  Zeeland  to  the  parallel  of  the 
Forsnæs 
latitude 
lighthouse 

through 

passing 

Baltic Sea 

Germany 

Flatfish  Unlimited 

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

Cod 

Unlimited 

Herring  Unlimited 

Sprat 

Unlimited 

EN 

54 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
Skagerrak 

(4 to 12 miles) 

Kattegat 

(3 (*) to 12 miles) 

Baltic Sea 

(3 to 12 miles) 

(*) Measured from the coast line. 

5. COASTAL WATERS OF GERMANY  

Geographical area 

Eel 

Unlimited 

Salmon  Unlimited 

Whiting  Unlimited 

Mackerel  Unlimited 

All 
species 

All 
species 

All 
species 

Unlimited 

Unlimited 

Unlimited 

Sweden 

Sweden 

Sweden 

Member 
State 

Species 

Importance or 
particular 
characteristics

North Sea coast 

Denmark 

Demersal  Unlimited 

(3 to 12 nautical miles) 

all coasts 

Netherlands 

Demersal Unlimited 

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

Denmark 

Sprat 

Unlimited 

Sand-eel  Unlimited 

Unlimited 

Unlimited 

Shrimps 
and 
prawns 

Shrimps 
and 
prawns 

EN 

55 

   EN 

 
 
Zone around Helgoland 

Baltic coast 

(3 to 12 miles) 

United 
Kingdom 

Cod 

Unlimited 

Plaice 

Unlimited 

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 
east  of 
frontier 
Departement  Manche  (Vire-Grandcamp 
les 
49° 23' 30" N-
estuary 
Bains 
1° 2 'WNNE) 

to 

Belgium 

Demersal  Unlimited 

Scallops  Unlimited 

Netherlands All 

Unlimited 

species 

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

Germany  Herring  Unlimited 

only 
during  October 
to 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) 

EN 

56 

   EN 

 
 
 
 
Spanish/French frontier to 46° 08′ N 

Spain 

Anchovies 

Sardines 

Directed  fishing, 
only 
unlimited 
from  1  March  to 
30 June 

Fishing  for 
live 
bait  from  1  July 
to  31  October 
only. 

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 
the 
and  within 
limits 
the 
of 
activities  pursued 
during 1 984 

Mediterranean coast (6 to 12 nautical miles) 

Spanish frontier Cap Leucate 

Spain 

All 
species 

Unlimited 

7. COASTAL WATERS OF SPAIN  

Geographical area 

Atlantic coast (6 to 12 nautical miles) 

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

Member 
State 

Species  Importance or 

particular 
characteristics

France  Pelagic  Unlimited in 

accordance 
with and 
within the 
limits of the 
activities 

EN 

57 

   EN 

 
 
pursued during 
1984 

Mediterranean coast (6 to 12 nautical miles) 

French frontier/Cap Creus 

France  All 

Unlimited 

species 

8. 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 

Unlimited 

Shrimps 
and 
prawns 

(6 to 12 nautical miles) whole coast 

France 

All 
species 

Unlimited 

Texel 
Netherlands/German frontier 

south 

point,  west 

9. COASTAL WATERS OF FINLAND  

Geographical area 

to 

the 

United 
Kingdom 

Demersal  Unlimited 

Member 
State 

Species  Importance or 

particular 
characteristics 

Baltic Sea (4 to 12 miles) (*)  

Sweden  All 

Unlimited 

EN 

58 

   EN 

 
 
 
 
 
(*) 3 to 12 miles around Bogskär Isles. 

10. COASTAL WATERS OF SWEDEN  

Geographical area 

species 

Member 
State 

Species  Importance  or 
particular 
characteristics 

Skagerrak (4 to 12 nautical miles) 

Denmark All 

Unlimited 

species 

Kattegat (3 (*) to 12 miles) 

Denmark All 

Unlimited 

species 

Baltic Sea (4 to 12 miles) 

Denmark All 

Unlimited 

species 

Finland  All 

Unlimited 

species 

(*) Measured from the coastline 

ANNEX II  
FISHING CAPACITY CEILINGS 

Capacity  ceilings  (based  on  the  situation  on  31  December 
2010) 

Member State 

GT 

kW 

Belgium 

Bulgaria 

Denmark 

Germany 

Estonia 

Ireland 

Greece 

18.911 

51.585 

8.448 

67.607 

88.528 

313.341 

71.114 

167.089 

22.057 

53.770 

77.254 

210.083 

91.245 

514.198 

EN 

59 

   EN 

 
 
 
 
 
 
 
 
 
Spain (including outermost regions) 

France (including outermost regions) 

Italy 

Cyprus 

Latvia 

Lithuania 

Malta 

Netherlands 

Poland 

Portugal (including outermost regions) 

Romania 

Slovenia 

Finland 

Sweden 

United Kingdom 

446.309 

1.021.154

219.215 

1.194.360

192.963 

1.158.837

11.193 

48.508 

49.067 

65.196 

73.489 

73.516 

15.055 

96.912 

166.384 

350.736 

38.376 

92.745 

115.305 

388.054 

1.885 

6.716 

1.057 

10.974 

18.187 

182.385 

42.612 

210.744 

235.570 

924.739 

Outermost regions of the EU 

GT 

kW 

Spain 

Canary Islands: L< 12 m. EU waters 

Canary Islands: L > 12 m. EU waters 

Canary Islands: L > 12 m. International and third country 

waters 

France 

2.649 

21.219 

3.059 

10.364 

28.823 

45.593 

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 

EN 

60 

   EN 

 
 
 
 
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 

617 

4.134 

Madeira: Demersal and pelagic species. L > 12 m 

4.114 

12.734 

Madeira: Pelagic species. Seine. L > 12 m 

Azores: Demersal species. L < 12 m 

181 

777 

2.626 

29.895 

Azores: Demersal and pelagic species. L > 12 m 

12.979 

25.721 

L means length overall 

ANNEX III  
ADVISORY COUNCILS 

Name of the Advisory Council 

Area of competence  

Baltic Sea 

Mediterranean Sea 

ICES36 zones IIIb, IIIc and IIId 

Maritime Waters of the Mediterranean of the 
East of line 5°36' West 

North Sea 

ICES zones IV and IIIa 

North Western waters 

South Western waters 

ICES zones V (excluding Va and only Union 
waters of Vb), VI and VII 

ICES  zones  VIII,  IX  and  X  (waters  around 
Azores),  and  CECAF37  zones  34.1.1,  34.1.2 
and  34.2.0  (waters  around  Madeira  and  the 

36 
37 

ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EC) No 218/2009. 
CECAF  (Eastern  Central  Atlantic  or  FAO  major  fishing  zone  34)  zones  are  as  defined  in  Regulation  (EC)  No 
216/2009.  

EN 

61 

   EN 

 
 
 
                                                 
Canary Islands) 

Pelagic stocks (blue whiting, mackerel, horse 
mackerel, herring) 

All  areas  competence  (excluding  the  Baltic 
Sea, the Mediterranean Sea and Aquaculture) 

High seas/long distance fleet 

All non Union-waters  

Aquaculture 

Aquaculture, as defined in Article 5 

EN 

62 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management method(s) envisaged  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party participation in financing  

3.3.  Estimated impact on revenue

EN 

63 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

Proposal for a Regulation of the European Parliament and of the Council on the Common 
Fisheries Policy 

1.2. 

Policy area(s) concerned in the ABM/ABB structure38  

Policy Area 11: Maritime Affairs and Fisheries 

1.3. 

Nature of the proposal/initiative  

(cid:133)The proposal/initiative relates to a new action  

(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action39  

(cid:133) The proposal/initiative relates to the extension of an existing action  

(cid:58) The proposal/initiative relates to an action redirected towards a new action  

1.4. 

Objectives 

1.4.1.  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative  

Resource efficient Europe 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific objectives 

To contribute to the objectives laid down in Article 39 TFEU.  

1. To improve stakeholders involvement 

2. Ensure the availability of scientific advice 

3. Modernise and strengthen control across the Union 

4. Audit the control and inspection activities in Member States 

5.  Contribute  to  better  coordination  to  Member  States'  control  activities  by  means  of  the 
Community Fisheries Control Agency 

ABM/ABB activity(ies) concerned 

Activity ABB 11 04 01, 11 07 02, 11 08 01, 11 08 02, 11 08 05 

38 
39 

ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

EN 

64 

   EN 

 
                                                 
1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

Sustainability is at the heart of the proposed reform of the CFP, with the objective that by 
2015 fish stocks must be exploited at the level of maximum sustainable yield. Sustainable 
fisheries  leading  to  increases  in  catches  and  profit  margins  will  free  the  catching  sector 
from depending on public support, and would also make it easier to achieve stable prices 
under transparent conditions, brining also benefits to the consumers.  

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

Environmental  impacts:  stocks  at  Fmsy,  reduction  of  overcapacity  and  progress  in 
implementing transferable fishing shares.  

Economic  impacts:  income  of  actors  in  the  catching  sector,  GVA,  revenue/break  even 
revenue and net profit margin. 

Social impacts: Employment (FTE) and crew wage per FTE. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

The  CFP  shall  achieve  environmental,  economic  and  social  sustainability  as  regards  the 
exploitation of fisheries resources. These objectives are legally equally important and none 
of  them  can  be  achieved  in  isolation.  However,  the  Impact  Assessment  carried  out  in 
relation  to  the  reform  of  the  CFP  confirmed  that  without  more  marked  improvements  in 
stock status, economic and social sustainability will remain limited.  

1.5.2.  Added value of Union involvement 

According  to  Article  3(d)  TFEU,  the  Union  shall  have  exclusive  competence  in  the 
conservation  of  marine  biological  resources.  According  to  Article  4(2)(d)  the  Union  and 
MS  have  shared  competence  for  the  rest  of  the  CFP.  The  added  value  of  Union 
involvement is related to the fact that the CFP concerns the exploitation of a common pool 
of resources.  

1.5.3.  Lessons learned from similar experiences in the past 

The Green Paper on the reform of the Common Fisheries Policy40 concluded that the CFP 
is  not  achieving  its  key  objectives:  fish  stocks  are  overfished,  the  economic  situation  of 
parts  of  the  fleet  is  fragile  despite  high  levels  of  subsidies,  jobs  in  the  fishing  sector  are 
unattractive  and  the  situation  of  many  coastal  communities  depending  on  fisheries  is 
precarious.  The  outcome  of  the  wide  consultation  process  that  followed  the  Green  Paper 
confirmed this analysis41.  

40 
41 

COM(2009)163 final of 22 April 2009. 
See  also  SEC(2010)428  final  of  16  April  2010  Synthesis  of  the  Consultation  on  the  Reform  of  the  Common 
Fisheries Policy. 

EN 

65 

   EN 

 
                                                 
The  main  problem  of  the  current  CFP  is  the  lack  of  environmental  sustainability  due  to 
overfishing.  All  other  problems  contribute  to  this.  Fleet  overcapacity,  deviation  from 
scientific  advice  when  setting  total  allowable  catches,  and  the  lack  of  prioritisation  of 
objectives are the main drivers for overfishing. Secondly the poor economic sustainability 
of the catching sector is a problem. Many fleets are unprofitable and vulnerable to external 
shocks  such  as  increases  in  fuel  prices.  Thirdly  a  lack  of  social  sustainability  affects  the 
catching sector and areas depending on fishing.  

1.5.4.  Coherence and possible synergy with other relevant instruments 

The objective of achieving exploitation of fish stocks at the level of maximum sustainable 
yield established in the UN Convention on the Law of the Sea and was adopted at the 2002 
World Summit on Sustainable Development as a target to reach by 2015, where possible. 
This  objective  will  allow  the  reformed  CFP  to  better  to  achieving  Good  Environmental 
Status in the marine environment in line with the Marine Strategy Framework Directive42.  

42 

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, 

EN 

66 

   EN 

 
                                                 
1.6. 

Duration and financial impact  

(cid:133) Proposal/initiative of limited duration  

–  (cid:133)  Proposal/initiative in effect from  

–  (cid:133)  Financial impact from YYYY to YYYY  

(cid:58) Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from YYYY to YYYY, 

–  Followed by full-scale operation. 

1.7.  Management mode(s) envisaged43  

(cid:58) Centralised direct management by the Commission  

(cid:133) Centralised indirect management with the delegation of implementation tasks to: 

–  (cid:133)  executive agencies  

–  (cid:133)  bodies set up by the Communities44  

–  (cid:133)  national public-sector bodies/bodies with public-service mission  

–  (cid:133)  persons entrusted with the implementation of specific actions pursuant to Title V of 
the  Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the 
meaning of Article 49 of the Financial Regulation  

(cid:58) Shared management with the Member States  

(cid:133) Decentralised management with third countries  

(cid:133) Joint management with international organisations (to be specified) 

If more than one management mode is indicated, please provide details in the "Comments" section. 

43 

44 

Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 
As referred to in Article 185 of the Financial Regulation. 

EN 

67 

   EN 

 
                                                 
2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

2.2.2.  Control method(s) envisaged  

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

EN 

68 

   EN 

 
3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1. 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

•  Existing expenditure budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure

Contribution  

Number  
[Description………………………...……….] 

Diff./non-
diff 
(45) 

from 
EFTA46 
countries 

from 
candidate 
countries47 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

Heading of 
multiannual 
financial 
framework 

2 

2 

2 

2 

2 

2 

11 04 01  Closer  dialogue  with  the 
fishing  industry  and  those  affected  by 
the common fisheries policy 

11 07 02 Support  for  the  management 
of  fishery  resources  (improvement  of 
scientific advice 

11 08 01 Financial  contribution  to  the 
Member  States  for  expenses  in  the 
field of control 

11 08 02 Inspection  and  surveillance 
of  fishing  activities  in  Union  waters 
and elsewhere 

11.08.05.01.  Community  Fisheries 
Control  Agency  (CFCA) Contribution 
to Titles.1 and.2 

11.08.05.02.  Community  Fisheries 
Control  Agency  (CFCA) Contribution 
to Title.3 

•  New budget lines requested  

Diff 

No 

No 

No 

No 

Diff 

No 

No 

No 

No 

Diff 

No 

No 

No 

No 

Diff 

No 

No 

No 

No 

Diff 

No 

No 

No 

No 

Diff 

No 

No 

No 

No 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure

Contribution  

Number  
[Heading……………………………………..] 

Diff./non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

Heading of 
multiannual 
financial 
framework 

45 
46 
47 

Diff. = Differentiated appropriations / Non-Diff. = Non-differentiated appropriations 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

69 

   EN 

 
                                                 
[XX.YY.YY.YY] 

YES/N
O 

YES/N
O 

YES/N
O 

YES/NO 

EN 

70 

   EN 

 
 
 
 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial 
framework:  

2 

Preservation and management of natural resources 

EUR million (to 3 decimal places) 

DG: MARE 

201348 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Year 
N+4 

Year 
N+5 

Y
e
a
r

N
+
6

Y
e
a
r

N
+
7

Y
e
a
r

N
+
8

Y
e
a
r

N
+
9

TOTAL 

(cid:121) Operational appropriations  

11 04 01 

11 07 02 

11 08 01  

11 08 02  

11.08.05.01 

11.08.05.02 

Commitments 

Payments 

Commitments 

Payments 

Commitments 

Payments 

Commitments 

Payments 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

(1a) 

(2a) 

(1a) 

(2a) 

(1a) 

(2a) 

(1a) 

(2a) 

6.400 
5.950 
4.500 
3.500 
47.430 
25.200 
2.300 
2.300 
7.413 
7.413 
1.711 
2.711 

48 

Year N is the year in which implementation of the proposal/initiative starts. 

EN 

71 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Appropriations of an administrative nature financed  
from the envelope for specific programmes49  

TOTAL appropriations 
for DG MARE 

Commitments 

Payments 

(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope for specific programmes  

(3) 

=1+1a 
+3 

=2+2a 

+3 

(4) 

(5) 

(6) 

69.754 

47.074 

69.754 

47.074 

TOTAL appropriations  
under HEADING 2 
of the multiannual financial framework 

Commitments 

=4+ 6 

69.754 

Payments 

=5+ 6 

47.074 

If more than one heading is affected by the proposal / initiative: 

(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope for specific programmes  

69.754 

47.074 

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADINGS 1 to 4 
of the multiannual financial framework 
(Reference amount) 

Commitments 

=4+ 6 

Payments 

=5+ 6 

49 

EN 

Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former "BA" lines), indirect research, direct 
research. 

72 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
EN 

73 

EN 

 
  
 
Heading of multiannual financial 
framework:  

5 

" Administrative expenditure " 

2013 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Year 
N+4 

Year 
N+5 

EUR million (to 3 decimal places) 

Y
e
a
r

N
+
6

Y
e
a
r

N
+
7

Y
e
a
r

N
+
8

Y
e
a
r

N
+
9

TOTAL 

DG:  

(cid:121) Human resources  
(cid:121) Other administrative expenditure 11 01 02 11 

TOTAL DG  

Appropriations  

9.404 

0.210 

9.614 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total 
= Total payments) 

commitments 

9.614 

Year 
201350 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Year 
N+4 

Year 
N+5 

Y
e
a
r

Y
e
a
r

Y
e
a
r

Y
e
a
r

TOTAL 

EUR million (to 3 decimal places) 

50 

Year N is the year in which implementation of the proposal/initiative starts. 

EN 

74 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

Commitments 

Payments 

79.368 

56.688 

N
+
6

N
+
7

N
+
8

N
+
9

EN 

75 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on operational appropriations  

–  (cid:133)  The proposal/initiative does not require the use of operational appropriations  

–  (cid:58)  The proposal/initiative requires the use of operational appropriations, as explained below: 

2013 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as necessary to show 
the duration of the impact (see point 1.6) 

TOTAL 

Commitment appropriations in EUR million (to 3 decimal places) 

OUTPUTS 

Cost 

s Cost 

t
u
p
t
u
o

f
o

r
e
b
m
u
N

  Cost 

r
e
b
m
u
N

s Cost 

t
u
p
t
u
o

f
o

r
e
b
m
u
N

Total  
cost 

Total 
numbe
r of 
output
s 

Indicate 
objectives and 
outputs  

Type 
of 
output
51 

(cid:216) 

Avera
ge 
cost  
of the 
ouput 

Cost 

r
e
b
m
u
N

f

s Cost 

t
u
p
t
u
o

f
o

r
e
b
m
u
N

  Cost 
s
t
u
p
t
u
o

f
o

r
e
b
m
u
N

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

SPECIFIC OBJECTIVE No 152… 

To improve stakeholders involvement 

No. 

0.280 

8 

2.240 

No. 

0.040 

5 

0.200 

Fully 
operational 
RACs 

New web 
sections and up-
date of contents 
on DG MARE 
websites. 

No. 

0.114 

5 

0.580 

Production and 
distribution of 
the magazine 
"Fisheries and 
Aquaculture in 
Europe" in 23 
languages (5 

51 
52 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 

EN 

76 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
issues per year). 

Production and 
distribution of 
qualitative 
information 
materials for the 
media, the 
general public 
and 
stakeholders, 
including 
audiovisual 
material 
.Communication 
campaign on 
priority issues 
such as the CFP 
reform. 

Production and 
distribution of 
multilingual 
publications. 

Participation of 
DG MARE in 
fairs. 

Organisation of 
European 
Maritime Day in 
May of each 
year. 

Conferences and 
seminars on CFP 
and IMP 
regarding e.g. 
the CFP reform. 

Others 
(promotional 
material, logo, 
storage and 

No. 

0.310 

6 

1.860 

No. 

0.025 

20 

0.500 

No. 

0.200 

1 

0.200 

No. 

0.400 

1 

0.400 

No. 

0.050 

4 

0.200 

No. 

0.110 

2 

0.220 

EN 

77 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
diffusion by the 
Publication 
Office). 

Sub-total for specific objective N°1 

6.400 

SPECIFIC OBJECTIVE No 2… 

Ensure the availability of scientific advice 

1.400 

1 

1.400 

Admin
istrativ
e 
arrang
ements 

Memor
andum 

1.500 

1 

1.500 

Support for the 
implementation 
of the data 
collection 
framework, 
notably by 
coordinating and 
organising the 
activities of 
STECF, 
maintaining 
relevant 
websites and 
support the 
establishment of 
the report on the 
"Annual 
Economic 
Performance of 
Union fishing 
fleet" in the 
framework of an 
Administrative 
Arrangement 
between the 
Commission and 
the JRC. 

Provision of 
recurrent advice 
on the stock 
status managed 
through TACs 
and Quotas 
Regulation and 
provision of non 

EN 

78 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
recurrent advice 
such as 
evaluation of 
multi-annual 
plans or harvest 
control rules in 
the framework 
of a 
Memorandum of 
Understanding 
between the 
Commission and 
ICES. 

Provision of 
advice on 
fisheries stocks 
in relation to 
biological, 
technical, 
economic and 
ecosystem issues 
by experts in the 
framework of 
meetings of 
STECF and its 
subgroups. 

Scientific advice 
and other 
services for the 
implementation 
of the common 
fisheries policy 
in the 
Mediterranean. 

0.024 

25 

0.6 

No. 
meetin
gs 

1.0 

2 

1.0 

Sub-total for specific objective N°2 

4.500 

SPECIFIC OBJECTIVE No 3…  Modernise and strengthen control across the Union 

IT systems and 
data analysis. 

N/A 10.000 

EN 

79 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.000 

160
0 

N/A 2.000 

3.800 

300
0 

7.400 

330
0 

22 

11.400 

N/A 3.700 

30 

0.600 

5 

0.530 

Traceability 
tools & devices 
to measure 
engine power. 

Pilot projects 
(incl. CCTV 
from 2011 on). 

Automatic 
localisation 
devices Vessel 
Monitoring 
Systems 
/Automatic 
Identification 
Systems 
(VMS/IAS). 

Electronic 
logbooks aboard 
vessels. 

Fisheries 
Monitoring 
Centre (FMC) 
upgrades. 

Investment in 
control 
equipment (i.a. 
patrol vessels 
and aircraft). 

Training courses 
and exchange 
programmes for 
control staff. 

Seminars aimed 
to raise 
awareness of the 
need to 
implement the 
CFP rules. 

EN 

80 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Sub-total for specific objective N°3 

47.430 

SPECIFIC OBJECTIVE No 4… 

Audit the control and inspection activities in Member States 

250 

0.800 

30 

0.400 

N/A 1.100 

Monitoring of 
control activities 
by Member 
States 

-Missions 
controlling the 
application of 
CFP rules 

- Equipment of 
inspectors 

Facilitate the 
implementation 
of the CFP rules 

- Meetings of 
the Fisheries 
Control Experts 
group devoted to 
the issues 
relating to 
fisheries control  

- Studies 

IT hardware, 
software and 
support for 
control (data, 
cross-checking 
of data, 
maintenance, 
data base access, 
etc) 

Sub-total for specific objective N°4 

2.300 

SPECIFIC OBJECTIVE No 5… 

Contribute to better coordination to Member States' control activities by means of the Community Fisheries Control Agency 

Staff in active 

N/A 5.634 

EN 

81 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
employment 

Other staff-
related 
expenditure 

Administrative 
expenditure 

Capacity 
building 

Operational 
coordination 
(includes Joint 
Deployment 
Plans) 

N/A 0.440 

N/A 1.320 

N/A 0.720 

N/A 1.010 

Sub-total for specific objective N°5 

TOTAL COST 

9.124 

69.754 

EN 

82 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–  (cid:133) The proposal/initiative does not require the use of administrative appropriations  

–  (cid:58)  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained below: 

EUR million (to 3 decimal places) 

2013 53 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as necessary 
to show the duration of the impact 
(see point 1.6) 

TOTAL 

HEADING 5 
of the multiannual 
financial framework 

Human resources  

9.404 

Other administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

0.210 

9.614 

Outside HEADING 554 
of the multiannual 
financial framework  

Human resources  

Other expenditure  
of an administrative 
nature 

Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  

TOTAL 

9.614 

53 
54 

Year N is the year in which implementation of the proposal/initiative starts. 
Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU 
programmes and/or actions (former "BA" lines), indirect research, direct research. 

EN 

83 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.2.  Estimated requirements of human resources  

–  (cid:133)  The proposal/initiative does not require the use of human resources  

–  (cid:58)  The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

2013 

Year
N+1 

Year N+2 

Year N+3 

… enter 
as many 
years as 
necessary 
to show 
the 
duration 
of the 
impact 
(see point 
1.6) 

(cid:121) Establishment plan posts (officials and temporary agents) 

11 01 01 01 (Headquarters and Commission’s 
Representation Offices) 

11 01 01 02 (Delegations) 

11 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

66 

0 

0 

0 

(cid:121) External personnel (in Full Time Equivalent unit: FTE)55 

11 01 02 01 (CA, INT, SNE from the "global 
envelope") 

14 

11 01 02 02 (CA, INT, JED, LA and SNE in 
the delegations) 

11 01 04 yy 56 

- at Headquarters57 

- in delegations  

11 01 05 02 (CA, INT, SNE - Indirect 
research) 

10 01 05 02 (CA, INT, SNE - Direct 
research) 

Other budget lines (specify) 

TOTAL 

0 

0 

0 

0 

0 

0 

80 

XX is the policy area or budget title concerned. 

The human resources required will be met by staff from the DG who are already assigned to 
management of the action and/or have been redeployed within the DG, together if necessary 

55 

56 
57 

CA= Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune Expert en Délégation" (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert;  
Under the ceiling for external personnel from operational appropriations (former "BA" lines). 
Essentially  for  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
European Fisheries Fund (EFF). 

EN 

84 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

Description of tasks to be carried out: 

Officials and temporary agents 

managing  the  operational  appropriations  and  the  operational  activities 
mentioned above in 2013 

External personnel 

managing  the  operational  appropriations  and  the  operational  activities 
mentioned above in 2013 

EN 

85 

   EN 

 
3.2.4.  Compatibility with the current multiannual financial framework  

–  (cid:58)  Proposal/initiative is compatible the current multiannual financial framework. 

–  (cid:133)  Proposal/initiative  will  entail  reprogramming  of  the  relevant  heading  in  the 

multiannual financial framework. 

Explain  what  reprogramming  is  required,  specifying  the  budget  lines  concerned  and  the  corresponding 
amounts. 

–  (cid:133)  Proposal/initiative requires application of the flexibility instrument or revision of the 

multiannual financial framework58. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts. 

3.2.5.  Third-party contributions  

–  (cid:58) The proposal/initiative does not provide for co-financing by third parties  

–  (cid:133) The proposal/initiative provides for the co-financing estimated below: 

Appropriations in EUR million (to 3 decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL appropriations 
cofinanced  

58 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

86 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.3. 

Estimated impact on revenue  

–  (cid:58)  Proposal/initiative has no financial impact on revenue. 

–  (cid:133)  Proposal/initiative has the following financial impact: 

– 

– 

(cid:133) 

(cid:133) 

on own resources  

on miscellaneous revenue  

Appropriations 
available for the 
ongoing budget 
year 

Budget revenue line: 

Article …………. 

EUR million (to 3 decimal places) 

Impact of the proposal/initiative59 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… insert as many columns as necessary 
in order to reflect the duration of the 
impact (see point 1.6) 

For miscellaneous assigned revenue, specify the budget expenditure line(s) affected. 

Specify the method for calculating the impact on revenue. 

59 

As  regards  traditional  own  resources  (customs  duties,  sugar  levies),  the  amounts  indicated  must  be  net 
amounts, i.e. gross amounts after deduction of 25% for collection costs. 

EN 

87 

   EN