Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a multiannual plan for fish stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulation (EU) 2016/1139 establishing a multiannual plan for the Baltic Sea, and repealing Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) 509/2007 and (EC) 1300/2008
Date: 2018-04-18
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, authorised catch, catch by species, catch quota, conservation of fish stocks, deep-sea fishing, fishing area, fishing controls, fishing rights, sea fish

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   EUROPEAN COMMISSION  Brussels, 18.4.2018  COM(2018) 149 final/2 2018/0074 (COD)  CORRIGENDUM Addition of cross references on the cover page. Concerns all lingustic versions. The text should read as follows: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a multiannual plan for fish stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulation (EU) 2016/1139 establishing a multiannual plan for the Baltic Sea, and repealing Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) 509/2007 and (EC) 1300/2008 {SWD(2018) 112 final}  - {SWD(2018) 113 final}  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The fisheries of the Western Waters and adjacent areas are highly complex, involving vessels 
from at least seven coastal Member States, using a wide variety of different fishing gears to 
target a wide range of different fish and shellfish species. A key issue is that many of the most 
important demersal stocks (i.e. those that live on or near the bottom of the sea) are caught in 
mixed  fisheries.  In  practice,  this  means  that  each  time  a  vessel  retrieves  its  fishing  gear,  its 
catch will consist of a mix of different species. The composition of that mixture will change 
depending on the type of fishing gear in use, and on when and where it is used. 

For vessels catching fish stocks subject to total allowable catches (TACs) it means that they 
should  stop  fishing  once  their  quota  for  that  stock  is  exhausted.  Prior  to  the  adoption  of 
Regulation 1380/2013 of the European Parliament and of the Council of 11 December 2013 
on the Common Fisheries Policy1 (Basic Regulation) vessels did not have to stop fishing once 
their quota for one of these species was exhausted. Instead, they were able to continue fishing 
for other target species and, as a result, they continued to catch the species for which quotas 
were already exhausted, even though they could not legally land these catches. These catches 
in excess of the quota had to be discarded. 

With the introduction of the landing obligation by the Basic Regulation, it becomes illegal to 
discard  any  catches  in  excess  of  the  quota,  once  fully  implemented.  Accordingly,  vessels 
might  have  to  stop  fishing  early  in  the  year  once  their  quota  for  the  most  limiting  stock  is 
exhausted.  In  this  case  the  most  limiting  stock  would  become  what  is  known  as  a  'choke-
species' because, once the quota for that stock was exhausted, it would block the opportunities 
to continue fishing for other stocks. It is, therefore, desirable to account for the fact that some 
stocks  are  caught  together  in  mixed  fisheries  when  setting  TACs  for  these  stocks.  Such  an 
approach  should  have  advantages  for  both  stock  conservation  and  for  exploitation  of  the 
stocks. This proposal takes this approach. 

The  Basic Regulation aims  at  solving  the  problems  of  overfishing  and  discarding fish  more 
effectively than past legislation. However, without additional legislation the Basic Regulation 
could lead to under-utilisation of quotas in the Western Waters mixed fisheries and it would 
not allow any exemptions from the landing obligation to be adopted after discard plans have 
expired. 

In  view  of  the  interactions  in  Western  Waters  demersal  fisheries,  it  is  hence  desirable  to 
manage fishing opportunities in a mixed-fisheries perspective, which, given recent scientific 
advances,  is  now  available.  Such  an  approach  would  also  be  consistent  with  the  ecosystem 
approach to fisheries management. The first step towards such adaptive management would 
be to incorporate all relevant stocks into a single management plan. This would include target 
fishing mortalities expressed in ranges for each of the stocks, where available, which would 
be  the  basis  for  setting  annual  TACs  for  those  stocks.  This  would  allow  flexibility  in  TAC 
setting  which  could  help  reconcile  difficulties  arising  in  the  mixed  fishery  context. 
Additionally, the plan would incorporate safeguard measures to give a framework to restore 
stocks when they fall below safe biological limits. 

1 

OJ L 354, 28.12.2013, p. 22. 

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The objective of the proposal is to establish a management plan for demersal stocks, including 
deep-sea  stocks,  and  their  fisheries  in  the  Western  Waters.  The  plan  will  ensure  the 
sustainable exploitation of these stocks, by ensuring that they are exploited according to the 
principles  of  maximum  sustainable yield  (MSY) and of the ecosystem approach to fisheries 
management as well as the precautionary approach. The plan will provide stability of fishing 
opportunities,  while  ensuring  that  management  is  based  on  the  most  up  to  date  scientific 
information on stocks, mixed fisheries and other aspects of the ecosystem and environment. 
The plan will also facilitate the introduction of the landing obligation. 

Stocks  which  determine  fishermen's  behaviour  and  are  economically  important  should  be 
managed  in  line  with  ranges  of  Fmsy.  As  a  consequence,  around  95%  of  landings  in  the 
Western Waters in  terms  of volume will be managed  in  line with  the maximum sustainable 
yield.  The  remainder,  i.e.  stocks  that  are  predominantly  caught  as  by-catch,  should  be 
managed according to the precautionary approach. 

The  proposal  is  not  an  initiative  within  the  Regulatory  Fitness  Programme  (REFIT). 
Nevertheless,  it  would  contribute  to  the  simplification  of  applicable  Union  legislation.  It  is 
proposed  to  replace  the  five  existing  single-species  based  multi-annual  plans  adopted  by 
separate regulations by bringing all multi-annual plans for the different demersal stocks into 
one regulation. The five existing single species plans are the following: 

1.  The multi-annual plan for the stock of herring distributed to the west of Scotland and 

the fisheries exploiting that stock (Regulation (EC) No 1300/2008); 

2.  The multi-annual plan for sole in the western Channel (Regulation (EC) 509/2007); 
3.  The multi-annual plan for sole in the Bay of Biscay (Regulation (EC) No 388/2006); 
4.  The recovery plan for the northern stock of hake (Regulation (EC) No 811/2004); 
5.  The recovery plan for hake  and Norway lobster in  the Iberian Peninsula (Regulation 

(EC) No 2166/2005). 

The  introduction  of  this  new  approach  would  allow  achievement  of  the  conservation 
objectives  while,  at  the  same  time,  permitting  elimination  of  fishing  effort  limitations 
meaning that numerous reporting and control obligations would not be required. This results 
in a significant reduction of the administrative burden.  

The plan will apply to all Union fishing vessels irrespective of their overall length fishing in 
the  Western  Waters  as  this  is  in  conformity  with  the  rules  of  the  Common  Fisheries  Policy 
(CFP) and is in line with the effect of the vessels on the fish stocks concerned. 

As  of  1  January  2014  the  Basic  Regulation  sets  out  the  rules  of  the  CFP,  including  the 
provisions  on  multi-annual  plans,  establishing  the  landing  obligation  for  stocks  subject  to 
TACs and the so-called regionalisation. These provisions are reflected in the plan as follows: 

 

 

In line with the principles and objectives of multi-annual plans set out in Article 9 of 
the Basic Regulation the plan is a mixed fisheries plan, primarily based on the MSY 
objective; 

Article  10  of  the  Basic  Regulation  lists  the  content  of  multi-annual  plans,  which 
refers  to  the  quantifiable  targets.  In  this  plan  these  targets,  corresponding  to 
maximum  sustainable  yield,  are  expressed  as  range  values  advised  by ICES.  These 
ranges  allow  for  a  maximum  sustainable  yield-based  management  for  these  stocks, 
while  at  the  same  time  preserving  a  high  level  of  predictability.  Such  targets  are 
supplemented  with  safeguard  provisions  linked  to  a  trigger  conservation  reference 
point.  For  fish  stocks  for  which  they  are  available,  these  reference  points  are 
expressed  as  a  spawning  stock  biomass,  which  is  obtained  from  ICES,  usually 
through  their  benchmarking  exercise.  Similarly,  for  certain  functional  units  of 

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Norway lobster such  reference points are expressed  as  abundance, where available. 
In the absence of advice on spawning biomass or abundance level, the trigger should 
be when scientific advice states that a stock is under threat. The same approach was 
followed to determine the objectives, targets and safeguards of the plan and for the 
implementation of the landing obligation as it is in the recently adopted Regulation 
(EU) No 2016/1139  of the European Parliament  and of the Council of 6 July  2016 
establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic 
Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 
2187/2005 and repealing Council Regulation (EC) No 1098/20072; 

Pursuant to Article 15 of the Basic Regulation the landing obligation in the Western 
Waters  applies  to  pelagic  species  as  from  2015,  to  certain  demersal  fisheries  and 
species that define the fishery from 2016, and will apply to all other species subject 
to catch limits from 1 January 2019. In line with Article 16(7) of Regulation (EU) No 
1380/2013, Member States are required to allocate the TACs to vessels flying their 
flag taking into account the likely composition of the catch and the obligation to land 
all  catches.  In  order  to  achieve  this,  Member  States  may  adopt  national  measures, 
such as retaining certain reserves of the national TAC available for quota swaps with 
other Member States; 

In  accordance  with  Article  18  of  the  Basic  Regulation,  Member  States  having  a 
direct management interest may submit joint recommendations for, amongst others, 
certain  measures  to  be  adopted,  where  the  Commission  has  been  granted  power  to 
adopt implementing or delegated acts for achieving the objectives of a multi-annual 
plan. To this end, the plan establishes regional cooperation among Member States in 
respect  of  adopting  provisions  for  the  landing  obligation  and  specific  conservation 
measures for certain stocks. 

 

 

In line with scientific advice from STECF, the plan does not include annual limits on fishing 
effort (the numbers of days at sea). However, Member States may establish capacity ceilings 
at national level. 

• 

Consistency with existing policy provisions in the policy area 

The  Commission  Proposal  is  consistent  with  the  existing  legal  framework  in  the  fisheries 
management in the Western Waters: 

 

 

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Regulation  (EU)  No  1380/2013  of  the  European  Parliament  and  of  the  Council  of 
11 December 2013 on the Common Fisheries Policy, amending Council Regulations 
(EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) 
No 2371/2002  and  (EC)  No  639/2004  and  Council  Decision  204/585/EC1  sets  the 
general  framework  for  the  CFP  and  identifies  the  situations  in  which  the  European 
Parliament and the Council shall adopt multi-annual plans. 

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 
organisms3  outlines  technical  conservation  measures,  i.e.  catch  composition  rules, 
minimum  mesh  size,  minimum  landing  size,  closed  areas  and  closed  seasons  for 
certain fisheries. It also establishes a limitation on drift netting. It is currently under 
review  and  will  be  replaced  if  the  Commission  Proposal  for  a  Regulation  of  the 

OJ L 191, 15.7.2016, p. 1. 
OJ L 125, 27.4.1998, p. 1 

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European Parliament and of the Council on the conservation of fishery resources and 
the protection of marine ecosystems through technical measures, amending Council 
Regulations  (EC)  No  1967/2006,  (EC)  No  1098/2007,  (EC)  No  1224/2009  and 
Regulations (EU) No 1343/2011 and (EU) No 1380/2013 of the European Parliament 
and  of  the  Council,  and  repealing  Council  Regulations  (EC)  No  894/97,  (EC)  No 
850/98,  (EC)  No  2549/2000,  (EC)  No  254/2002,  (EC)  No  812/2004  and  (EC)  No 
2187/20054 is adopted.  

The  annual  Council  Regulations  fixing  the  fishing  opportunities  and  associated 
conditions for certain fish stocks and groups of fish stocks applicable in the Western 
Waters  set  the  TAC  levels  for  the  stocks  concerned  (most  recent  and  currently 
binding is Council Regulation (EU) 2018/120 of 23 January 2018 fixing for 2018 the 
fishing  opportunities  for certain fish stocks and groups of fish stocks, applicable in 
Union waters and, for Union fishing vessels, in certain non-Union waters5). 

Council  Regulation  (EC)  No  1224/2009  establishing  a  Community  control  system 
for  ensuring  compliance  with  the  rules  of  the  common  fisheries  policy,  amending 
Regulations  (EC)  No  847/96,  (EC)  No  2371/2002,  (EC)  No  811/2004,  (EC)  No 
768/2005,  (EC)  No  2115/2005,  (EC)  No  2166/2005,  (EC)  No  388/2006,  (EC)  No 
509/2007,  (EC)  No  676/2007,  (EC)  No  1098/2007,  (EC)  No  1300/2008,  (EC)  No 
1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) 
No  1966/20066  (hereafter  Council  Regulation  1224/2009)  sets  the  general  control 
requirements  for  fisheries  as  well  as  specific  control  requirements  for  multi-annual 
plans. 

The Commission is proposing to apply dynamic references to ranges of FMSY and to 
conservation reference points. That approach guarantees that these parameters, which 
are  essential  for  setting  fishing  opportunities,  do  not  become  outdated  and  the 
Council is always able to use the best available scientific advice. Moreover, the same 
approach providing dynamic references to the best available scientific advice should 
be  followed  for  managing  stocks  in  the  Baltic  Sea.  Regulation  (EU)  2016/1139 
should therefore be modified.  

 

 

 

 

Consistency with other Union policies 

The  proposal  and  its  objectives  are  consistent  with  the  Union's  policies,  especially 
environmental, social, market and trade policies. 

2. 

 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

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

 

Subsidiarity principle  

Provisions of the proposal relate to the conservation of marine biological resources, measures 
that fall under the exclusive competence of the Union. Consequently the subsidiarity principle 
does not apply.  

 

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Proportionality principle  

COM/2016/0134 final - 2016/074 (COD) 
OJ L 27, 31.01.2018, p. 1 
OJ L 343, 22.12.2009, p. 1 

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The  proposed  measures  comply  with  the  proportionality  principle  as  they  are  appropriate, 
necessary  and  no  other  less  restrictive  measures  are  available  to  obtain  the  desired  policy 
objectives.  

 

Choice of instrument 

Proposed instrument: Regulation of the European Parliament and of the Council.  

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Consultation  has  taken  place  at  different  levels,  including  stakeholders,  scientists,  public 
(including public administrations) and Commission services. It has followed a full evaluation 
process, set-up so that the initial tasks and questions to be addressed have been specified by 
the Commission, but the key inputs at all steps have come from scientists and other experts, 
and from stakeholders who have been fully involved throughout the process. 

 

Stakeholder consultations 

Stakeholders have been consulted in a targeted manner through consultations with the North 
Western  Waters  Advisory  Council  and  South  Western  Waters  Advisory  Council.  Advisory 
Councils are stakeholder organisations, established by the previous CFP reform in 2002, that 
bring  together  the  industry  (fishing,  processing  and  marketing  sectors)  and  other  interest 
groups, such as environmental and consumers' organisations. Advisory Councils are organised 
by  sea  basins  and  the  above  Advisory  Councils  provide  advice  on  the  fisheries  within  the 
geographical area covered by this Proposal. 

A  wide  ranging,  internet-based,  public  consultation  was  carried  out  from  22  May  to  15 
September 20157. A total of 28 detailed contributions were received from Member States, the 
Advisory Councils, industry representative organisations, NGOs, and the general public. The 
main conclusions were as follows: 

 

 

 

 

 

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The  main  problem  was  the  fact  that  the  stocks  are  not  yet  at  MSY  and  hence  the 
industry cannot fully enjoy benefits of sustainable fishing and the fact that the current 
multi-annual plans are inadequate to use the management measure of the new CFP; 

There  is  a  need  for  the  European  Union  to  take  action,  which  is  also  an  obligation 
under the Treaty, but it should be done in collaboration with the fishing sector; 

There  is  strong  preference  to  a  multi-annual,  proactive  approach  rather  than  an 
annual, reactive one. However, a reactive approach might still be needed in changing 
circumstances; 

There  is  a  need  for  a  transparent  and  stable  framework  to  achieve  MSY  and  for  a 
legal framework for the long-term implementation of the landing obligation and the 
regional  approach  to  fisheries  management.  Some  comments  pointed  out  that  the 
scope should be wider and include environmental objectives; 

It is appropriate to establish a framework for managing the main species consistently 
within a multiannual management plan. It should reflect catch composition and quota 
allocation  and  be  based  on  multi-species  considerations.  The  framework  should 
cover  more  species  than  only  the  main  ones.  Consistence  should  be  sought  with 
geographical distribution in biological and fishery terms; 

https://ec.europa.eu/info/consultations/multi-annual-plans-western-eu-waters_en  

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 

 

As it comes to the species to be covered by the plan, there was an evident division 
between  professional  organisations,  preferring  the  plan  to  focus  on  the  species 
leading the main fisheries, as covered by the discard plans in place from 2016 (e.g. 
cod, hake, megrims, anglerfish), while non-governmental organisations preferred the 
plan to cover a wider range of species that are caught as either main species or as by-
catch. 

Fisheries  management  should  take  into  account  regional  specificities  and  better 
involvement of stakeholders; precautionary approach should be applied.  

Parallel  to  this  public  consultation,  a  targeted  survey  was  done  with  more  precise  and 
technical questions. It was addressed to the Advisory Councils, to Member States authorities, 
to  the  PECH  Committee  of  the  European  Parliament  and  to  the  NAT  Committee  of  the 
European Economic and Social Committee. 

 

Collection and use of expertise  

Most of the work and consultation necessary to cover the evaluation of the existing legislation 
has  been  carried  out  by  scientists  working  through  the  auspices  of  the  Scientific,  Technical 
and  Economic  Committee  on  Fisheries  (STECF)  and  the  International  Council  for  the 
Exploration  of  the  Sea  (ICES)  as  well  as  by  the  Marine  Resources  Assessment  Group 
(MRAG) under a framework contract with the Commission. 

 

Ex-post evaluations/fitness checks of existing legislation 

STECF, ICES and MRAG had conducted a number of evaluations of the current management 
plans for single species prior to the reform of the CFP. In addition, there is constant scientific 
review of the management measures in place. 

The  five  existing  management  plans  do  not  meet  the  requirements  of  the  CFP  nor  of  the 
conclusions of the Inter-institutional Task Force8 and do not perform to achieve the objectives 
of  the  CFP.  Reviews  of  current  Multi-Annual  Plans  by  the  Scientific,  Technical  and 
Economic Committee of Fisheries (STECF) and the International Council for the Exploration 
of the Sea (ICES)9, concluded as follows: 

 

 

8 

9 

10 

On  the  plan  for  herring  in  the  West  of  Scotland,  the  2015  ICES  benchmark 
concluded  that:  "there  was  no  precautionary  plan  applied  for  the  combined  stocks. 
Combined assessment of 6aN and of 6aS/7bc herring was benchmarked in 2015. The 
stocks  are  combined  because  it  is  not  possible  to  segregate  them  in  commercial 
catches or surveys"10; 

On  the  plan  for  Western  Channel  sole  (Regulation  (EC)  509/2007),  STECF 
explained in 2014 that, 'the TAC restriction is the only effective element of the plan'. 
Furthermore  STECF  concluded  that:  'Given  the  multispecies  nature  of  all  the 
fisheries  in  the  area,  STECF  considers  that  efficient  management  of  the  fisheries 
would  best be  achieved  through  the  development  and implementation of  a regional 
multi-annual  fishery  management  plan',  as  this  would:  'make  management  more 

The  interinstitutional  task  force  on  multiannual  plans  was  established  in  2013  to  address  inter-
institutional  issues  and  agree  a  way  forward  to  facilitate  the  development  and  introduction  of  multi-
annual plans under the terms of the Common Fisheries Policy, and To examine the multi-annual plans 
issues and explore the options to help find an appropriate way forward. 
STECF  reports  assessing  the  performance  of  the  existing  multi-annual  plans  can  be  found  in 
https://stecf.jrc.ec.europa.eu/reports/management-plans . 
http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2015/2015/her-67bc.pdf 

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efficient and avoid problems of TAC unbalance'. As regards the effort limitations, the 
STECF pointed out that 'the majority of fishing effort (expressed as kW days fishing) 
deployed  in  the  Western  Channel  is  effort  that  is  not  being  regulated  by  the 
Management  plan  for  sole'  and  'effort  prescribed  under  the  plan  has  not  been 
restrictive  for  any  fleets'.  If  the  effort  is  restricted,  'it  is  possible  that  vessels  will 
return inshore where fuel costs are lower and sole abundance is higher. If this were 
to  occur,  catches  of  undersize  plaice  may  also  increase  due  to  increased  effort  in 
nursery areas'11; 

The  Bay  of  Biscay  sole  plan  (Regulation  (EC)  No  388/2006)  has  the  objective  to 
rebuild the stock but no target has been set under the plan for reaching MSY; In 2011 
STECF commented that, the plan 'requires that new biological targets be fixed once 
the  stock  has  recovered  to  its  precautionary  biomass  level'12.  Even  if  the  stock 
reached this level in 2010, no revision has taken place; 

In  the  Northern  hake  plan  (Regulation  (EC)  No  811/2004),  the  objective  is 
considered  to  be  achieved  when  the  size  of  the  spawning  stock  is  kept  above  safe 
biological limits for two consecutive years. It is therefore not specifically designed to 
achieve MSY. Besides, ICES has reported that "the current recovery plan (EC Reg. 
No.  811/2004)  is  based  on  precautionary  reference  points  that  are  no  longer 
appropriate"13; 

Similar comments apply to the Southern hake and Norway lobster plan (Regulation 
(EC) No 2166/2005): it is not designed to achieve MSY and, according to ICES, it 
uses "precautionary reference points that are no longer appropriate". In 2010, STECF 
assessed  that  "the  F  reduction  from  2006  expected  from  the  plan  has  not  been 
achieved",  'while  regulated  fishing  effort  has  declined,  operative  effort  (catch 
weighted  effort)  has  increased  as  effort  transferred  to  gears  that  catch  more  hake 
with the same effort', and "Fmsy will probably not be reached by the intended date of 
2015. In consequence the plan is not succeeding in achieving its stated objectives"14; 

 

 

 

The  days  at  sea  regime  has  also  been  criticised  by  some  stakeholders  for  having  perverse 
effects that damage the environment rather than preserving fish stocks, for instance because 
vessels with a limited budget of fishing days have to fish close to shore where juvenile fish 
concentrates. 

 

Impact assessment 

The impact assessment for a Western Waters multi-annual plan has taken place in the context 
of  the  new  CFP  and  the  redrafting  of  the  Technical  Measures  regulations.  The  new  CFP 
includes, inter alia, a new landing obligation, a timeline to reach maximum sustainable yield 
(MSY)  and  regionalisation.  Against  this  background,  a  number  of  reports,  studies  and 
contracts have provided background on these issues. The background includes: 

 

the reform of the CFP; 

STECF:  Evaluation/scoping  of  Management  plans  -  Evaluation  of  the  multi-annual  plan  for  the 

STECF: Impact Assessment of Bay of Biscay sole (STECF-11-01), p. 12 

11 
management of Western Channel sole (Regulation EC 509/2007) (STECF-14-04), p. 7 and 10 
12 
13 
14 
Evaluation of Multi-Annual Plan for hake and Nephrops in areas VIIIc and IXa, p. 6 

http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2016/2016/hke-nrtn.pdf  

STECF: Report of the Sub Group on Management Objectives and Strategies (SGMOS 10-06). Part d) 

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 

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 

 

 

 impacts of the introduction of the landing obligation; 

 socio-economic dimensions of the CFP; 

 the development of a new technical measures regulation; 

 mixed fisheries issues in the EU, including dealing with choke effects; 

 considerations on management areas for the new multi-annual plans; 

 considerations of managing using MSY. 

Three legislative options were examined in detail in the impact assessment: Option 1 - to use 
existing relevant rules of the CFP, Option 2 - to establish a single mixed-fishery multi-annual 
plan, Option 3 – to replace the existing plans with several mixed-fisheries multi-annual plans. 

Option  1  reflects  the  status  quo  which  does  not  effectively  address  the  problems  of 
overfishing  and  ineffective  governance  (see  sections  1.4  and  3).  The  problems  of  the  status 
quo  are  instead  precisely  what  the  initiative  intends  to  address.  Due  to  the  contradictory 
provisions  that  would  hence  remain  in  force,  this  option  clearly  does  not  reach  the  specific 
objectives. 

Option 2 would imply one plan, covering all of Western Waters. This option would thereby 
take into account that many of the same Member States fish in both North and South Western 
Waters, and furthermore that several fleets fish in both Waters.  

Furthermore  one  plan  would  still  allow  presenting  joint  recommendations  covering  specific 
fisheries  in  either  the  North  Western  Waters  or  South  Western  Waters  respectively.  In 
addition the proposals will follow exactly the same model for the North and South Western 
Waters,  as  adopted  in  the  Multi-Annual  Plan  for  the  Baltic  Sea,  and  awaiting  the  expected 
refinement brought about by the Multi-Annual Plan for the North Sea. 

Option 3 would imply two plans, covering North Western Waters and South Western Waters 
respectively.  The  difference  between  this  and  option  2  would  thereby  be  that  this  option 
would  reflect  the  current  set-up  for  regionalisation,  as  these  two  areas  are  covered  by  the 
Advisory  Councils  for  the  North  Western  Waters  and  the  Advisory  Council  for  the  South 
Western Waters respectively. These are the areas which have been used by the North Western 
Waters  MS  Group  and 
to  produce  Joint 
Recommendation for the discard plans. 

the  South  Western  Waters  MS  Group 

Two plans would thereby work as a natural prolongation of the work done through the discard 
plans  in  assessing  the  management  requirements  in  the  fisheries,  in  order  to  meet  the 
objectives of the CFP (i.e. implement the landing obligation and reach MSY).  

Whilst Options 2 and 3 both scored higher than the baseline Option 1, the preceding analyses 
demonstrated that the Option 2: a single mixed fisheries multiannual plan for all Western 
Waters scored best on the following criteria: 

 

 

 

 

Effectiveness and efficiency; 

Reducing administrative burden; 

Achieving the overall main objectives of the CFP; 

Providing a management framework facilitating stability and predictability. 

Additionally,  a  single  management  plan  will  simplify  the  legal  framework  and  reduce  the 
administrative burden on Member States and industry. 

EN 

8 

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 

Regulatory fitness and simplification 

Although  this  plan  is  not  linked  to  REFIT,  it  reduces  the  regulatory  burdens  as  it  would 
replace five regulations to be merged in this plan. In addition, it would abolish the complex 
days-at-sea  schemes,  which  required  additional  administrative  resources  to  manage  and 
monitor. 

The  current  system  imposes  important  economic  cost  on  businesses  and  especially  SMEs; 
those  losses  are  being  caused  by  complex  regulation  and  will  be  avoided  in  future  (direct 
benefits  of  simplification).  Sustainable  exploitation  will  give  higher  profitability  leading  to 
improved economic performance. Fishermen will have more liberty to decide where and when 
to  fish.  The  elimination  of  the  fishing  effort  regime  not  only  reduces  the  administrative 
burden,  including  heavy  reporting,  for  the  industry,  but  also  the  burden  of  the  national 
administrations in processing and monitoring such reports. 

The  management  plan  for  herring  in  the  West  of  Scotland,  laid  down  in  the  Council 
Regulation (EC) No 1300/2008 would be repealed. The plan has become obsolete due to the 
change in the scientific perception of the stocks involved. 

 

Fundamental rights 

Not applicable  

4. 

BUDGETARY IMPLICATIONS 

No budgetary implications 

5. 

 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The  plan  foresees  the  periodic  evaluation  of  its  impact  on  the  stocks  concerned  based  on 
scientific  advice.  It  is  paramount  to  identify  an  appropriate  period  for  such  evaluation:  a 
period that allows for regionalised measures to be adopted, implemented and to show effects 
on  the  stocks  and  fishery.  It  should  also  take  account  of  the  working  method  of  scientific 
bodies,  including  their  regular  benchmarking.  Recently,  scientific  advice  could  not  be 
delivered due to insufficient data or trends to be evaluated, when the evaluation concerned a 
period of three years. Accordingly, the plan should be evaluated every five years. 

In this respect it has to be noted that the periodic evaluation of the impact of the plan does not 
prevent the legislators from amending the plan, should it be required by new developments. 

 

Detailed explanation of the specific provisions of the proposal 

In accordance with the overall ambition of the CFP on the conservation of fisheries resources 
and  with  specific  regards  to  Articles  9  and  10  of  the  Basic  Regulation  which  require  the 
development of multi-annual plans, the main elements of the plan are: 

 

 

The scope of the plan is demersal stocks, including deep-sea stocks, in the Western 
those  stocks.  The  plan  also  covers 
Waters  and 
implementation  of  the  landing  obligation  and  technical  measures  for  all  stocks  and 
the fisheries exploiting those stocks in the Western Waters. 

the  fisheries  exploiting 

Objectives  and  targets  (achieve  levels  of  fishing  mortality  consistent  with  the 
principle of maximum sustainable yield). In accordance with Article 10 of the Basic 
Regulation the targets should be quantifiable. The proposed targets are expressed as 

EN 

9 

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fishing mortality ranges around FMSY as advised by ICES. These FMSY ranges allow 
for  a  maximum  sustainable  yield-based  management  for  the  stocks  concerned,  and 
appear to allow for adaptations in case of changes in the scientific advice, while at 
the same time preserving a high level of predictability; 

Conservation  reference  points,  expressed  in  tonnes  of  spawning  stock  biomass  or 
abundance in numbers, included in the plan are determined by ICES, usually through 
their benchmarking exercise. In the absence of advice on spawning stock biomass or 
abundance reference points, action should be taken when scientific advice states that 
a stock is under threat. 

Safeguards  and  specific  conservation  measures  are  linked  to  the  conservation 
reference  points.  When  scientific  advice  states  that  any  of  the  stocks  concerned  is 
below  that  point,  the  TAC  for  that  stock  should  be  reduced  This  measure  may  be 
complemented as necessary by measures such as technical measures, Commission or 
Member State emergency measures.  

Provisions  related  to  the  landing  obligation  to  be  adopted  under  regionalisation, 
which are necessary for full implementation of the landing obligation. They will also 
provide  for  a  legal  basis  for  any  possible  future  high  survivability  or  de  minimis 
exemptions, in line with scientific advice. 

 

 

 

EN 

10 

  EN 

 
2018/0074 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a multiannual plan for fish stocks in the Western Waters and adjacent 
waters, and for fisheries exploiting those stocks, amending Regulation (EU) 2016/1139 
establishing a multiannual plan for the Baltic Sea, and repealing Regulations (EC) No 
811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) 509/2007 and (EC) 1300/2008 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee15,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

15 
16 

The United Nations Convention of 10 December 1982 on the Law of the Sea, to which 
the Union is a contracting party, provides for conservation obligations, including the 
maintaining or restoring populations of harvested species at levels which can produce 
the maximum sustainable yield (MSY).  

At the World Summit on Sustainable Development at New York in 2015, the Union 
and  its  Member  States  committed  themselves  by  2020,  to  effectively  regulate 
harvesting  and  end  overfishing,  illegal,  unreported  and  unregulated  fishing  and 
destructive fishing practices and implement science-based management plans, in order 
to  restore  fish  stocks  in  the  shortest  time  feasible,  at least  to  levels that  can  produce 
MSY as determined by their biological characteristics. 
Regulation  (EU)  No  1380/2013  of  the  European  Parliament  and  of  the  Council16 
establishes  the  rules  of  the  Common  Fisheries  Policy  (CFP)  in  line  with  the 
international obligations of the Union. The CFP is to contribute to the protection of the 
marine  environment,  to  the  sustainable  management  of  all  commercially  exploited 
species, and in particular to the achievement of good environmental status by 2020, as 

OJ C , , p. . 
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the  Common  Fisheries  Policy,  amending  Council  Regulations  (EC)  No  1954/2003  and  (EC)  No 
1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council 
Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22) 

EN 

11 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

17 

18 

19 

20 

21 

22 

23 

set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and of the 
Council17. 

The  objectives  of  the  CFP  are,  inter  alia,  to  ensure  that  fishing  and  aquaculture  are 
environmentally sustainable in the long term, to apply the precautionary approach to 
fisheries  management,  and  to  implement  the  ecosystem-based  approach  to  fisheries 
management. 

For the achievement of the objectives of the CFP, a number of conservation measures 
are  to  be  adopted  as  appropriate  in  any  combination  thereof,  such  as  multi-annual 
plans, technical measures, fixing and allocation of fishing opportunities.  

Pursuant  to  Articles  9  and  10  of  Regulation  (EU)  No  1380/2013,  multi-annual  plans 
are to be based on scientific, technical and economic advice. In accordance with those 
provisions,  this  plan  should  contain  objectives,  quantifiable  targets  with  clear 
timeframes,  conservation  reference  points,  safeguards  and  technical  measures 
designed to avoid and reduce unwanted catches. 

"Best  available  scientific  advice"  refers  to  publicly  available  scientific  advice  that  is 
supported  by  the  most  up-to-date  scientific  data  and  methods  and  has  either  been 
issued  or  reviewed  by  an  independent  scientific  body  that  is  recognised  at  the 
European Union or international level. 

The  Commission  should  obtain  the  best  available  scientific  advice  for  the  stocks 
within the scope of the multiannual plan. In order to do so it concludes Memoranda of 
Understanding  with  the  International  Council  for  the  Exploration  of  the  Sea  (ICES). 
The  scientific  advice  issued  by  ICES  should  be  based  on  this  multiannual  plan  and 
should indicate, in particular, ranges of FMSY and biomass reference points, i.e. MSY 
Btrigger and Blim. Those values should be indicated in the relevant stock advice and, 
where  appropriate,  in  any  other  publicly-available  scientific  advice,  including,  for 
example, in mixed fisheries advice issued by ICES. 
Council Regulations (EC) No 811/200418, (EC) No 2166/200519, (EC) No 388/200620, 
(EC) 509/200721, (EC) No 1300/200822 and (EC) No 1342/200823 set out the rules for 
the exploitation of the northern stock of hake, hake and Norway lobster stocks in the 
Cantabrian Sea and by the Western Iberian Peninsula, sole in the Bay of Biscay, sole 

Directive  2008/56/EC  of  the  European  Parliament  and  of  the  Council  of  17  June  2008  establishing  a 
framework  for  community  action  in  the  field  of  marine  environmental  policy  (Marine  Strategy 
Framework Directive) (OJ L 164, 25.6.2008, p. 19) 
Council  Regulation  (EC)  No  811/2004  of  21.4.2004  establishing  measures  for  the  recovery  of  the 
Northern hake stock (OJ L 150, 30.4.2004, p. 1) 
Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of 
the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula and 
amending  Regulation  (EC)  No  850/98  for  the  conservation  of  fishery  resources  through  technical 
measures for the protection of juveniles of marine organisms (OJ L 345, 28.12.2005, p. 5) 
Council  Regulation  (EC)  No  388/2006  of  23  February  2006  establishing  a  multiannual  plan  for  the 
sustainable exploitation of the stock of sole in the Bay of Biscay (OJ L 65, 7.3.2006, p. 1) 
Council  Regulation  (EC)  No  509/2007  of  7  May  2007  establishing  a  multi-annual  plan  for  the 
sustainable exploitation of the stock of sole in the Western Channel (OJ L 122, 11.5.2007, p. 7) 
Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the 
stock  of herring distributed  to  the west of Scotland and the fisheries exploiting that stock (OJ L 344, 
20.12.2008, p. 6) 
Council  Regulation  (EC)  No  1342/2008  of  18  December  2008  establishing  a  long-term  plan  for  cod 
stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004 (OJ L 348, 
24.12.2008, p. 20) 

EN 

12 

  EN 

 
                                                 
in the Western Channel, herring in the West of Scotland and cod in  the Kattegat, the 
North Sea in the West of Scotland and the Irish Sea. These and other demersal stocks 
are  taken  in  mixed  fisheries.  Therefore,  it  is  appropriate  to  establish  a  single  multi-
annual plan taking into account such technical interactions. 

(10) 

In  addition,  such  a  multi-annual  plan  should  apply  to  demersal  stocks  and  their 
fisheries in the Western Waters, comprising the North Western Waters and the South 
Western Waters. These are roundfish, flatfish, cartilaginous fish species and Norway 
lobster (Nephrops norvegicus) that live at or near the bottom of the water column. 

(11)  Some demersal stocks are exploited both in the Western Waters and in their adjacent 
waters.  Therefore  the  scope  of  the  provisions  of  the  plan  relating  to  targets  and 
safeguards  for  stocks  that  are  mainly  exploited  in  the  Western  Waters  should  be 
extended  for  those  areas  outside  the  Western  Waters.  In  addition,  for  stocks  also 
present in the Western Waters that are mainly exploited outside the Western Waters, it 
is  necessary  to  establish  the  targets  and  safeguards  in  multiannual  plans  for  areas 
outside  the  Western  Waters  where  those  stocks  are  mainly  exploited,  extending  the 
scope of those multiannual plans so that they also cover the Western Waters. 

(12)  The geographical scope of the multiannual plan should be based on the geographical 
distribution of stocks indicated in the latest scientific stock advice provided by ICES. 
Future changes to the geographical distribution of stocks as set out in the multiannual 
plan may be needed either due to improved scientific information or due to migration 
of  stocks.  Therefore,  the  Commission  should  be  empowered  to  adopt  delegated  acts 
adjusting the geographical distribution of stocks set out in the multiannual plan if the 
scientific advice provided by ICES indicates a change in the geographical distribution 
of the relevant stocks. 

(13)  Where  stocks  of  common  interest  are  also  exploited  by  third  countries,  the  Union 
should engage with those third countries with a view to ensuring that these stocks are 
managed in a sustainable manner that is consistent with the objectives of Regulation 
(EU) 1380/2013, in particular Article 2(2) thereof, and of this  Regulation. Where no 
formal  agreement  is  reached,  the  Union  should  make  every  effort  to  reach  common 
arrangements  for  fishing  of  such  stocks  with  a  view  to  making  the  sustainable 
management possible thereby promoting the level-playing field for Union operators. 

(14)  The objective of this plan should be to contribute to the achievement of the objectives 
of  the  CFP,  and  in  particular,  reaching  and  maintaining  MSY  for  the  target  stocks, 
implementing  the  landing  obligation  for  demersal  stocks  subject  to  catch  limits, 
promoting a fair standard of living for those who depend on fishing activities, bearing 
in  mind  coastal  fisheries  and  socio-economic  aspects.  It  should  also  implement  the 
ecosystem-based  approach  to  fisheries  management  in  order  to  minimise  negative 
impacts of fishing activities on the marine ecosystem. It should be coherent with the 
Union’s  environmental  legislation,  in  particular  the  objective  of  achieving  good 
environmental  status  by  2020  (in  accordance  with  Directive  2008/56/EC)  and  the 
objectives  of  Directive  2009/147/EC  and  Council  Directive  92/43/EEC.  This  plan 
should also specify details for the implementation of the landing obligation in Union 
waters of the Western Waters for all stocks of species to which the landing obligation 
applies under Article 15 of Regulation (EU) No 1380/2013. 

(15)  Article 16(4) of Regulation (EU) No 1380/2013 requires that fishing opportunities be 
fixed in accordance with the objective set out in Article 2(2) thereof and comply with 
the targets, time frames and margins established in the multi-annual plans. 

EN 

13 

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(16) 

It  is  appropriate  to  establish  the  target  fishing  mortality  (F)  that  corresponds  to  the 
objective of reaching and maintaining MSY as ranges of values which are consistent 
with  achieving  MSY(FMSY).  Those  ranges,  based  on  best  available  scientific  advice, 
are  necessary  in  order  to  provide  flexibility  to  take  account  of  developments  in  the 
scientific advice, to contribute to the implementation of the landing obligation and to 
take  into  account  the  characteristics  of  mixed  fisheries.  The  FMSY  ranges  should  be 
calculated  by  the  International  Council  for  the  Exploration  of  the  Sea  (ICES),  in 
particular in its periodic catch advice. Based on this plan they are derived to deliver no 
more than a 5% reduction in long-term yield compared to MSY24. The upper limit of 
the range is capped, so that the probability of the stock falling below Blim is no more 
than  5%.  That  upper  limit  also  conforms  to  the  ICES  "advice  rule",  which  indicates 
that  when  the  spawning  biomass  or  abundance  is  in  a  poor  state,  F  be  reduced  to  a 
value that does not exceed an upper limit equal to the FMSY point value multiplied by 
the  spawning  biomass  or  abundance  in  the  total  allowable  catch  (TAC) year  divided 
by MSY Btrigger. ICES uses these considerations and the advice rule in its provision of 
scientific advice on fishing mortality and catch options. 

(17)  For the purposes of fixing fishing opportunities, there should be an upper threshold for 
FMSY ranges in normal use and, provided that the stock concerned is considered to be 
in a good state, an upper limit of that range may be used for certain cases. It should 
only  be  possible  to  fix  fishing  opportunities  up  to  the  upper  limit  if,  on  the  basis  of 
scientific advice or evidence, it is necessary for the achievement of the objectives laid 
down  in  this  Regulation  in  mixed  fisheries  or  necessary  to  avoid  harm  to  a  stock 
caused by intra- or inter-species stock dynamics, or in order to limit the year-to-year 
variations in fishing opportunities. 

(18)  For stocks for which targets relating to MSY are available, and for the purpose of the 
application of safeguard  measures, it is  necessary to  establish conservation reference 
points  expressed  as  trigger  spawning  biomass  levels  for  fish  stocks,  and  trigger 
abundance levels for Norway lobster. 

(19)  Appropriate safeguard measures should be envisaged in case the stock size falls below 
these levels. Safeguard measures should include the reduction of fishing opportunities 
and  specific  conservation  measures  when  scientific  advice  states  that  remedial 
measures are needed. These measures should be supplemented by all other measures, 
as  appropriate,  such  as  Commission  measures  in  accordance  with  Article  12  of 
Regulation (EU) No 1380/2013 or Member State measures in accordance with Article 
13 of Regulation (EU) No 1380/2013. 

(20) 

It should be possible to set the total allowable catches (TACs) for Norway lobster in 
Western Waters as the sum of the catch limits established for each functional unit and 
of  the  statistical  rectangles  outside  the  functional  units  within  that  TAC  area. 
However,  this  does  not  preclude  the  adoption  of  measures  to  protect  specific 
functional units. 

(21) 

In order to apply a regional approach to  conservation and sustainable exploitation of 
marine  biological  resources,  it  is  appropriate  to  provide  for  a  possibility  to  take 
technical measures in the Western Waters regarding all stocks. 

(22)  Where the Council takes into account a significant impact of recreational fisheries in 
the framework of the fishing opportunities for a certain stock, it should be able to set a 

24 

EU request to ICES to provide FMSY ranges for selected stocks in ICES subareas 5 to 10 

EN 

14 

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TAC  for  commercial  catches  which  takes  into  account  the  volume  of  recreational 
catches  and/or  to  adopt  other  measures  restricting  recreational  fisheries  such  as  bag 
limits and closure periods. 

(23) 

In  order  to  comply  with  the  landing  obligation  established  by  Article  15(1)  of 
Regulation  (EU)  No  1380/2013,  the  plan  should  provide  for  additional  management 
measures to be further specified in accordance with Article 18 of Regulation (EU) No 
1380/2013. 

(24)  The deadline for submitting joint recommendations from Member States having direct 
management  interest  should  be  established,  as  required  by  Regulation  (EU)  No 
1380/2013. 

(25) 

(26) 

In accordance with Article 10(3) of Regulation (EU) No 1380/2013 provisions should 
be established for the periodical assessment by the Commission of the adequacy and 
effectiveness of the application of this Regulation based on scientific advice. The plan 
should  be  evaluated  by  ...  [five  years  after  the  date  of  entry  into  force  of  this 
Regulation],  and  every  five  years  thereafter.  That  period  allows  for  the  full 
implementation of the landing obligation, and for regionalised measures to be adopted, 
implemented  and  to  show  effects  on  the  stocks  and  fishery.  It  is  also  the  minimum 
period required by scientific bodies. 

In order to adapt to the technical and scientific progress in a timely and proportionate 
fashion and to ensure flexibility and allow evolution of certain measures, the power to 
adopt  acts  in  accordance  with  Article  290  of  the  Treaty  on  the  Functioning  of  the 
European Union should be delegated to the Commission in respect of supplementing 
this  Regulation  as  regards  remedial  measures  and  implementation  of  the  landing 
obligation.  It  is  of  particular  importance  that  the  Commission  carry  out  appropriate 
consultations  during  its  preparatory  work,  including  at  expert  level,  and  that  those 
consultations  be  conducted  in  accordance  with  the  principles  laid  down  in  the  Inter-
institutional  Agreement  of  13  April  2016  on  Better  Law-Making  25.  In  particular,  to 
ensure  equal  participation  in  the  preparation  of  delegated  acts,  the  European 
Parliament and the Council receive all documents at the same time as Member States' 
experts,  and  their  experts  systematically  have  access  to  meetings  of  Commission 
expert groups dealing with the preparation of delegated acts. 

(27) 

In order to provide legal certainty, it is appropriate to clarify that temporary cessation 
measures  that  have  been  adopted  in  order  to  attain  the  objectives  of  the  plan  can  be 
deemed  eligible  for  support  under  Regulation  (EU)  No  508/2014  of  the  European 
Parliament and of the Council26. 

(28)  Applying dynamic references to ranges of FMSY and to conservation reference points 
guarantees that these parameters, which are essential for setting fishing opportunities, 
do  not  become  outdated  and  the  Council  is  always  able  to  use  the  best  available 
scientific  advice.  Moreover,  that  approach  providing  dynamic  references  to  the  best 
available scientific advice should be followed for managing stocks in the Baltic Sea. In 
this  context,  "best  available  scientific  advice"  refers  to  publicly  available  scientific 
advice  that  is  supported  by  the  most  up-to-date  scientific  data  and  methods  and  has 

25 
26 

OJ L 123, 12.5.2016, p. 1. 
Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the 
European  Maritime  and  Fisheries  Fund  and  repealing  Council  Regulations  (EC)  No  2328/2003,  (EC) 
No 861/2006, (EC) No  1198/2006 and (EC)  No 791/2007  and  Regulation  (EU)  No 1255/2011 of  the 
European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1). 

EN 

15 

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either been issued or reviewed by an independent scientific body that is recognised at 
the  European  Union  or  international  level.  Regulation  (EU)  2016/113927  should 
therefore be amended. 

(29)  Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) 

509/2007, (EC) No 1300/2008 should be repealed. 

(30)  The  likely  economic  and  social  impact  of  the  plan  was  duly  assessed  before  its 
finalisation in accordance with Article 9(4) of Regulation (EU) No 1380/2013, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 
SUBJECT MATTER, SCOPE AND DEFINITIONS 

Article 1 
Subject-matter and scope 

1. 

This  Regulation  establishes  a  multiannual  plan  ("plan")  for  the  following  demersal 
stocks,  including  deep-sea  stocks,  in  the  Western  Waters,  including  the  fisheries 
exploiting those stocks, and, where those stocks extend beyond the Western Waters, 
in its adjacent waters: 

(1)  Black scabbardfish (Aphanopus carbo) in in subareas 1, 2, 4, 6–8, 10, and 14, 

and in divisions 3a, 5a–b, 9a, and 12b; 

(2)  Alfonsinos (Beryx spp.) in the Northeast Atlantic; 

(3)  Roundnose  Grenadier  (Coryphaenoides  rupestris)  in  division  5b,  subareas  6 

and 7; 

(4)  Seabass (Dicentrarchus labrax) in divisions 4b, 4c, 7a, and 7d–h; 

(5)  Cod (Gadus morhua) in division 7a; 

(6)  Cod (Gadus morhua) in divisions 7e–k; 

(7)  Megrims (Lepidorhombus spp.) in divisions 4a and 6a; 

(8)  Megrims (Lepidorhombus spp.) in division 6b; 

(9)  Megrims (Lepidorhombus spp.) in divisions 7b–k, 8a–b, and 8d; 

(10)  Megrims (Lepidorhombus spp.) in divisions 8c and 9a; 

(11)  Anglerfish (Lophiidae) in divisions 7b–k, 8a–b, and 8d; 

(12)  Anglerfish (Lophiidae) in divisions 8c and 9a; 

(13)  Haddock (Melanogrammus aeglefinus) in division 6b; 

(14)  Haddock (Melanogrammus aeglefinus) in division 7a; 

(15)  Haddock (Melanogrammus aeglefinus) in divisions 7b-k; 

27 

Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing 
a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting 
those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) 
No 1098/2007 (OJ L 191, 15.7.2016, p. 1). 

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(16)  Whiting (Merlangius merlangus) in divisions 7b, 7c and 7e-k; 

(17)  Whiting (Merlangius merlangus) in subarea 8 and division 9a; 

(18)  Hake (Merluccius merluccius) in subareas 4, 6 and 7, divisions 3a, 8a-b and 8d; 

(19)  Hake (Merluccius merluccius) in divisions 8c and 9a; 

(20)  Blue ling (Molva dypterygia) in division 5b, subareas 6 and 7; 

(21)  Norway  lobster  (Nephrops  norvegicus)  by  functional  unit  in  subarea  6  and 

division 5b: 

– 

– 

– 

– 

In North Minch (FU 11); 

In South Minch (FU 12); 

In firth of Clyde (FU 13); 

In division VIa, outside the functional units (West of Scotland); 

(22)  Norway lobster (Nephrops norvegicus) by functional unit in subarea 7: 

– 

– 

– 

– 

– 

– 

– 

– 

In Irish Sea East (FU 14); 

In Irish Sea West (FU 15); 

In Porcupine banks (FU 16); 

In Aran grounds (FU 17); 

In the Irish Sea (FU 19); 

In the Celtic Sea (FU 20-21); 

In the Bristol Channel (FU 22); 

In  ICES  subarea  7  outside  the  functional  units  (Southern  Celtic  Sea, 
Southwest of Ireland); 

(23)  Norway  lobster  (Nephrops  norvegicus)  by  functional  unit in  divisions  8a,  8b, 

8d and 8e: 

– 

In Southern Bay of Biscay (FU 25); 

(24)  Norway lobster (Nephrops norvegicus) by functional unit in subareas 9 and 10, 

and CECAF 34.1.1: 

– 

– 

– 

In Western Galicia (FU 26-27); 

In Iberian waters (FU 28-29); 

In the Gulf of Cádiz (FU 30); 

(25)  Red seabream (Pagellus bogaraveo) in subarea 9; 

(26)  Red seabream (Pagellus bogaraveo) in subarea 10; 

(27)  Plaice (Pleuronectes platessa) in division 7d; 

(28)  Plaice (Pleuronectes platessa) in division 7e; 

(29)  Pollack (Pollachius pollachius) in subarea 7; 

(30)  Common sole (Solea solea) in subarea 5, division 6b and subareas 12 and 14; 

(31)  Common sole (Solea solea) in divisions 7b and 7c; 

(32)  Common sole (Solea solea) in division 7d; 

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(33)  Common sole (Solea solea) in division 7e; 

(34)  Common sole (Solea solea) in divisions 7f and 7g; 

(35)  Common sole (Solea solea) in divisions 7h, 7j and 7k; 

(36)  Common sole (Solea solea) in divisions 8a and 8b; 

(37)  Common sole (Solea solea) in divisions 8c and 9a. 

Where  scientific  advice  indicates  a  change  in  the  geographical  distribution  of  the 
stocks listed in the first subparagraph of this paragraph, the Commission may adopt 
delegated acts in accordance with Article 15 amending this Regulation by adjusting 
the areas specified above in order to reflect that change. Such adjustments shall not 
extend  the  stock  areas  beyond  Union  waters  of  subareas  4  to  10,  and  the  CECAF 
zones 34.1.1, 34.1.2 and 34.2.0. 

Where  on  the  basis  of  scientific  advice  the  Commission  considers  that  the  list  of 
stocks  set  out  in  the  first  subparagraph  of  paragraph  1  needs  to  be  amended,  the 
Commission may submit a proposal for the amendment of that list. 

In respect to adjacent waters covered in paragraph 1 of this Article, only Articles 4 
and  6  and  the  measures  related  to  fishing  opportunities  under  Article  7  of  this 
Regulation shall apply. 

This  Regulation  also  applies  to  by-catches  caught  in  the  Western  Waters  when 
fishing  for  the  stocks  listed  in  paragraph  1.  However,  where  ranges  of  FMSY  and 
safeguards linked to biomass for those stocks are established under other Union legal 
acts establishing multiannual plans, those ranges and safeguards shall apply. 

This  Regulation  also  specifies  details  for  the  implementation  of  the  landing 
obligation in Union waters of the Western Waters for all stocks of species to which 
the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013. 

This Regulation provides for technical measures, as set out in article 8, applicable in 
the Western Waters in respect of any stock. 

2. 

3. 

4. 

5. 

6. 

Article 2 
Definitions 

For the purposes of this Regulation, the following definitions shall apply in addition to those 
laid down in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of 
the  Council,  Article  4  of  Council  Regulation  (EC)  No  1224/2009  and  Article  3  of  Council 
Regulation (EC) No 850/98: 

(1) 

(2) 

"Western Waters" means the North Western Waters (ICES subareas 5 (excluding 5a 
and  only  Union  waters  of  5b),  6  and  7)  and  the  South  Western  Waters  (ICES 
subareas 8, 9 and 10 (waters around Azores), and CECAF zones 34.1.1, 34.1.2 and 
34.2.0 (waters around Madeira and the Canary Islands)); 

"Range of FMSY" means a range of values provided in the best available scientific 
advice,  in  particular  from  the  International  Council  on  the  Exploration  of  the  Sea 
(ICES),  where  all  levels  of  fishing  mortality  within  that  range,  result  in  maximum 
sustainable yield (MSY) in the long term given a fishing pattern and under existing 
average  environmental  conditions  without  significantly  affecting  the  reproduction 
process  for  the  stock  in  question.  It  is  derived  to  deliver  no  more  than  a  5  % 
reduction  in  long-term  yield  compared  to  the  maximum  sustainable  yield.  It  is 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

capped  so  that  the  probability  of  the  stock  falling  below  the  limit  spawning  stock 
biomass reference point (Blim) is no more than 5 %; 

"MSY Flower" mean the lowest value within the range of FMSY; 

"MSY Fupper" mean the highest value within the range of FMSY; 

"FMSY point value" is  the  value  of the  estimated fishing  mortality that with  a given 
fishing  pattern  and current  environmental conditions gives  the  long-term  maximum 
yield. 

"Lower range of FMSY " means a range that contains values from MSY Flower to FMSY 
point value; 

"Upper range of FMSY" means a range that contains values from FMSY point value up 
to MSY Fupper; 

"Blim" means the stock size reference point provided in the best available scientific 
advice,  in  particular  by  ICES,  below  which  there  may  be  reduced  reproductive 
capacity; 

"MSY Btrigger" means the spawning stock biomass, or in the case of Norway lobster 
–  abundance,  reference  point  provided  in  the  best  available  scientific  advice,  in 
particular from ICES, below which specific and appropriate management action is to 
be  taken  to  ensure  that  exploitation  rates  in  combination  with  natural  variations 
rebuild stocks above levels capable of producing MSY in the long term. 

CHAPTER II 
OBJECTIVES  

Article 3 
Objectives 

1.   The plan shall contribute to the achievement of the objectives of the common fisheries 
policy  listed  in  Article  2  of  Regulation  (EU)  No  1380/2013,  in  particular  by  applying 
the  precautionary  approach  to  fisheries  management,  and  shall  aim  to  ensure  that 
exploitation of living marine biological resources restores and maintains populations of 
harvested species above levels which can produce MSY.  

2.   The plan shall contribute to the elimination of discards, by avoiding and reducing, as far 
as  possible,  unwanted  catches,  and  to  the  implementation  of  the  landing  obligation 
established  in  Article  15  of  Regulation  (EU)  No  1380/2013  for  the  species  which  are 
subject to catch limits and to which this Regulation applies. 

3.   The  plan  shall  implement  the  ecosystem-based  approach  to  fisheries  management  in 
order to ensure that negative impacts of fishing activities on the marine ecosystem are 
minimised. It shall be coherent with Union environmental legislation, in particular with 
the objective of achieving good environmental status by 2020 as set out in Article 1(1) 
of  Directive  2008/56/EC  and  the  objectives  set  out  in  Articles  4  and  5  of  Directive 
2009/147/EC and Articles 6 and 12 of Council Directive 92/43/EEC. 

4.  

In particular, the plan shall aim to: 

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(a) 

(b) 

ensure  that  the  conditions  described  in  descriptor  3  contained  in  Annex  I  to 
Directive 2008/56/EC are fulfilled; and 

contribute to the fulfilment of other relevant descriptors contained in Annex I to 
Directive  2008/56/EC  in  proportion  to  the  role  played  by  fisheries  in  their 
fulfilment. 

5.  Measures under the plan shall be taken in accordance with the best available scientific 
advice.  Where  there  is  insufficient  data,  a  comparable  degree  of  conservation  of  the 
relevant stocks shall be pursued. 

CHAPTER III 
TARGETS 

Article 4 
Targets 

1.   The target fishing mortality in line with the ranges of FMSY defined in Article 2 shall be 
achieved  as  soon  as  possible,  and  on  a  progressive,  incremental  basis  by  2020  for  the 
stocks  listed  in  Article  1(1),  and  shall  be  maintained  thereafter  within  the  ranges  of 
FMSY, in accordance with this Article. 

2.   Those ranges of FMSY based on this Plan shall be requested from ICES. 

3.  

In accordance with Article 16(4) of Regulation (EU) No 1380/2013, when the Council 
fixes  fishing  opportunities  for  a  stock,  it  shall  establish  those  opportunities  within  the 
lower range of FMSY available at that time for that stock. 

4.   Notwithstanding  paragraphs  1  and  3,  fishing  opportunities  may  be  fixed  at  levels  that 

are lower than the ranges of FMSY. 

5.   Notwithstanding paragraphs 3 and 4, fishing opportunities for a stock may be fixed in 
accordance with the upper range of FMSY available at that time for that stock, provided 
that the stock referred to in Article 1(1) is above MSY Btrigger: 

(a) 

(b) 

(c) 

if, on the basis of scientific advice or evidence, it is necessary for the achievement 
of the objectives laid down in Article 3 in the case of mixed fisheries; 

if,  on  the  basis  of  scientific  advice  or  evidence,  it  is  necessary  to  avoid  serious 
harm to a stock caused by intra- or inter-species stock dynamics; or 

in order to limit variations in fishing opportunities between consecutive years to 
not more than 20%. 

6. 

Fishing opportunities shall in any event be fixed in such a way as to ensure that there is 
less  than  a  5  %  probability  of  the  spawning  stock  biomass  falling  below  the  limit 
spawning stock biomass reference point (Blim). 

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Article 5 
Management of by-catch stocks 

1. 

2. 

3. 

Management  measures  for  the  stocks  referred  to  in  Article  1(4),  including  where 
appropriate  fishing  opportunities  shall  be  set  taking  into  account  the  best  available 
scientific advice and shall be in accordance with the objectives laid down in Article 
3. 

Those  stocks  shall  be  managed  under  the  precautionary  approach  to  fisheries 
management as defined in point 8 of Article 4 (1) of Regulation (EU) No 1380/2013 
when no adequate scientific information is available. 

In accordance with Article 9(5) of Regulation (EU) No 1380/2013, the management 
of mixed fisheries with regard to stocks referred to in Article 1(4) of this Regulation 
shall take into account the difficulty of fishing all stocks at MSY at the same time, 
especially in situations where this leads to a premature closure of the fishery. 

CHAPTER IV 

SAFEGUARDS  

Article 6 
Conservation reference points  

The following conservation reference points to safeguard the full reproductive capacity of the 
stocks referred to in Article 1(1) shall be requested from ICES based on this Plan:  

(a)  MSY Btrigger for stocks referred to in Article 1(1); 

(b)  Blim for stocks referred to in Article 1(1). 

Article 7 
Safeguards 

1.   When scientific advice indicates that for a given year the spawning biomass, and in the 
case of Norway lobster stocks – abundance, of any of the stocks referred to in Article 
1(1)  is  below  the  MSY  Btrigger,  all  appropriate  remedial  measures  shall  be  adopted  to 
ensure  rapid  return  of  the  stock  or  functional  unit  concerned  to  levels  above  those 
capable  of producing  MSY. In  particular, by way of derogation  from Article 4(3) and 
(5) fishing opportunities shall be set at levels consistent with a fishing mortality that is 
reduced below the upper range of FMSY, taking into account the decrease in biomass.  

2.   When  scientific  advice  indicates  that  the  spawning  stock  biomass,  and  in  the  case  of 
Norway  lobster stocks  –  abundance,  of  any  of  the  stocks  referred to  in  Article  1(1)  is 
below  the  Blim,  further  remedial  measures  shall  be  taken  to  ensure  rapid  return  of  the 
stock or functional unit concerned to levels above the level capable of producing MSY. 
In particular, those remedial measures may include, by way of derogation from Article 4 
(3)  and  (5),  suspending the  targeted  fishery  for  the  stock  or  functional  unit  concerned 
and the adequate reduction of fishing opportunities. 

3.   Remedial measures referred to in this Article may include: 

(a)   emergency measures in accordance with Articles 12 and 13 of Regulation (EU) 

No 1380/2013; 

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(b)   measures pursuant to Articles 8 of this Regulation. 

4. 

The choice of measures referred to in this Article shall be made in accordance with the 
nature,  seriousness,  duration  and  repetition  of  the  situation  where  the  spawning  stock 
biomass,  and  in  the  case  of  Norway  lobster  stocks  –  abundance,  is  below  the  levels 
referred to in Article 6. 

CHAPTER V 

TECHNICAL MEASURES 

Article 8 
Technical measures 

1. 

The Commission is empowered to adopt delegated acts in accordance with Article 15 of 
this Regulation and Article 18 of Regulation (EU) No 1380/2013 in order to supplement 
this Regulation regarding the following technical measures: 

(a) 

(b) 

(c) 

(d) 

 specifications of characteristics of fishing gears and rules governing their use, 
to ensure or improve selectivity, to reduce unwanted catches or to minimise the 
negative impact on the ecosystem; 

specifications  of  modifications  or  additional  devices  to  the  fishing  gears,  to 
ensure  or  improve  selectivity,  to  reduce  unwanted  catches  or  to  minimise  the 
negative impact on the ecosystem; 

limitations  or  prohibitions  on  the  use  of  certain  fishing  gears  and  on  fishing 
activities,  in  certain  areas  or  periods  to  protect  spawning  fish,  fish  below  the 
minimum conservation reference size or non-target fish species, or to minimise 
the negative impact on the ecosystem; and 

the  fixing  of  minimum  conservation  reference  sizes  for  any  of  the  stocks  to 
which  this Regulation applies, to ensure the protection of juveniles of marine 
organisms. 

2. 

The  measures  referred  to  in  paragraph  1  of  this  Article  shall  contribute  to  the 
achievement of the objectives set out in Article 3. 

CHAPTER VI 
FISHING OPPORTUNITIES 

Article 9 
Fishing opportunities 

1.   When allocating fishing opportunities available to them in accordance with Article 17 of 
Regulation  (EU)  1380/2013,  Member  States  shall  take  account  of  the  likely  catch 
composition of vessels participating in mixed fisheries. 

2.  Member States may, after notifying the Commission, exchange all or part of the fishing 
opportunities  allocated  to  them  pursuant  to  Article  16(8)  of  Regulation  (EU)  No 
1380/2013. 

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3.   Without  prejudice  to  Article  7,  the  total  allowable  catch  for  the  stocks  of  Norway 
lobster in the Western Waters may be the sum of the catch limits of the functional units 
and of the statistical rectangles outside the functional units. 

4.  When scientific advice indicates that recreational fisheries have a significant impact on 
the fishing mortality of a particular stock, the Council shall take them into account and 
may  limit  recreational  fisheries  when  setting  fishing  opportunities  in  order  to  avoid 
exceeding the total target of fishing mortality. 

CHAPTER VII 
PROVISIONS LINKED TO THE LANDING OBLIGATION 

Article 10 
Provisions linked to the landing obligation in Union waters of the Western Waters 

For all stocks of species in the Western Waters to which the landing obligation applies under 
Article  15(1)  of  Regulation  (EU)  No  1380/2013,  the  Commission  is  empowered  to  adopt 
delegated acts in accordance with Article 15 of this Regulation and Article 18 of Regulation 
(EU)  No  1380/2013  in  order  to  supplement  this  Regulation  by  specifying  details  of  that 
obligation  as  provided  for  in  points  (a)  to  (e)  of  Article  15(5)  of  Regulation  (EU)  No 
1380/2013. 

CHAPTER VIII 
ACCESS TO WATERS AND RESOURCES 

Article 11 
Fishing authorisations and capacity ceilings 

1.  

For each of the ICES zones referred to in Article 1(1) of this Regulation, each Member 
State  shall  issue  fishing  authorisations  in  accordance  with  Article  7  of  Council 
Regulation  (EC)  No  1224/2009  for  vessels  flying  its  flag  which  engage  in  fishing 
activities  in  that  area.  In  such  fishing  authorisations,  Member  States  may  also  limit 
the total capacity expressed in kW of such vessels using a specific gear. 

2.   Each  Member  State  shall  establish  and  maintain  a  list  of  vessels  holding  the  fishing 
authorisation referred to in paragraph 1 and make it available on its official website to 
the Commission and other Member States. 

CHAPTER IX 
MANAGEMENT OF STOCKS OF COMMON INTEREST 

Article 12 
Principles and objectives of management of stocks of common interest to the Union and third 
countries  

1.  Where  stocks  of  common  interest  are  also  exploited  by  third  countries,  the  Union  shall 
engage with those third countries with a view to ensuring that those stocks are managed in a 
sustainable  manner  that  is  consistent  with  the  objectives  of  Regulation  (EU)  1380/2013,  in 

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particular Article 2(2) thereof, and of this Regulation. Where no formal agreement is reached, 
the Union shall make every effort to reach common arrangements for fishing of such stocks 
with  a  view  to  making  the  sustainable  management  possible  thereby  promoting  a  level-
playing field for Union operators. 

2.  In  the  context  of  the  joint  management  of  stocks  with  third  countries,  the  Union  may 
exchange  fishing  opportunities  with  third  countries  pursuant  to  Article  33(2)  of  Regulation 
(EU) No 1380/2013. 

CHAPTER X 

REGIONALISATION 

Article 13 
Regional cooperation  

1.   Article 18 (1) to (6) of Regulation (EU) No 1380/2013 shall apply to measures referred 

to in Articles 8 and 10 of this Regulation. 

2.  

For  the  purpose  of  paragraph  1  of  this  Article,  Member  States  having  direct 
management  interest  in  the  North  Western  waters  and  Member  States  having  direct 
management interest in the South Western waters may submit joint recommendations in 
accordance with Article 18(1) of Regulation (EU) No 1380/2013 for the first time not 
later  than  twelve  months  after  the  entry  into  force  of  this  Regulation  and  thereafter 
twelve  months  after  each  submission  of  the  evaluation  of  the  plan  in  accordance  with 
Article  14.  They  may  also  submit  such  recommendations  when  deemed  necessary  by 
them, in particular in the event of an abrupt change in the situation for any of the stocks 
to  which  this  Regulation  applies.  Joint  recommendations  in  respect  of  measures 
concerning a given calendar year shall be submitted no later than 1 July of the previous 
year.  

3 

The empowerments granted under Articles 8 and 10 of this Regulation shall be without 
prejudice to powers conferred to the Commission under other provisions of Union law, 
including under Regulation (EU) No 1380/2013. 

CHAPTER XI 
EVALUATION AND PROCEDURAL PROVISIONS 

Article 14 
Evaluation of the plan 

By  [five  years  after  the  date  of  entry  into  force  of  this  Regulation],  and  every  five  years 
thereafter, the Commission shall report to the European Parliament and to the Council on the 
results  and  impact  of  the  plan  on  the  stocks  to  which  this  Regulation  applies  and  on  the 
fisheries exploiting those stocks, in particular as regards the achievement of the objectives set 
out in Article 3. 

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Article 15 
Exercise of the delegation 

1.   The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 

conditions laid down in this Article. 

2.   The delegation of power referred to in Articles 1(1), 8 and 10 shall be conferred on the 
Commission  for  a  period  of  five  years  from  the  date  of  the  entry  into  force  of  this 
Regulation.  The  Commission  shall  draw  up  a  report  in  respect  of  the  delegation  of 
power not later than nine months before the end of the five-year period. The delegation 
of  power  shall  be  tacitly  extended  for  periods  of  an  identical  duration,  unless  the 
European Parliament or the Council opposes such extension not later than three months 
before the end of each period. 

3.   The delegation of power referred to in  Articles 1(1), 8 and 10 may be revoked at any 
time by the European Parliament or by the Council. A decision to revoke shall put an 
end to the delegation of the power specified in that decision. It shall take effect the day 
following the publication of the decision in the Official Journal of the European Union 
or at a later date specified therein. It shall not affect the validity of any delegated acts 
already in force. 

4.   Before  adopting  a  delegated  act,  the  Commission  shall  consult  experts  designated  by 
each Member State in accordance with the principles laid down in the Inter-institutional 
Agreement on Better Law-Making of 13 April 201628. 

5.   As soon as it  adopts a delegated act, the Commission shall notify it simultaneously to 

the European Parliament and to the Council. 

6.   A delegated act adopted pursuant to Articles 1(1), 8 and 10 shall enter into force only if 
no  objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of two months of notification of that act to the European Parliament and 
to the Council or if, before the expiry of  that period, the European Parliament and the 
Council have both informed the Commission that they will not object. That period shall 
be  extended  by  two  months  at  the  initiative  of  the  European  Parliament  or  of  the 
Council. 

CHAPTER XII 
SUPPORT FROM THE EUROPEAN MARITIME AND 
FISHERIES FUND 

Article 16 
Support from the European Maritime and Fisheries Fund 

Temporary cessation measures adopted in order to achieve the objectives of the plan shall be 
deemed as temporary cessation of fishing activities for the purposes of points (a) and (c) of 
Article 33(1) of Regulation (EU) No 508/2014. 

28 

Inter-institutional agreement between the European Parliament, the Council of the European Union and 
the European Commission on better law-making. 

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CHAPTER XIII 
AMENDMENT TO REGULATION (EU) 2016/1139 

Article 17 
Amendment to Regulation (EU) 2016/1139 

Regulation (EU) 2016/1139 is amended as follows: 

1.  Article 2, is replaced by the following Article: 

"For  the  purposes  of  this  Regulation,  the  definitions  referred  to  in  Article  4  of 
Regulation  (EU)  No  1380/2013,  Article  4  of  Regulation  (EC)  No  1224/2009  and 
Article  2  of  Regulation  (EC)  No  2187/2005  apply.  In  addition,  the  following 
definitions apply:  

(1) "pelagic stocks" means the stocks listed in points (c) to (h) of Article 1(1) of this 
Regulation and any combination thereof;  

(2)  "Range  of  FMSY"  means  a  range  of  values  provided  in  the  best  available 
scientific  advice,  in  particular  from  the  International  Council  on  the  Exploration  of 
the  Sea  (ICES),  where  all  levels  of  fishing  mortality  within  that  range,  result  in 
maximum sustainable yield (MSY) in the long term given a fishing pattern and under 
existing  average  environmental  conditions  without  significantly  affecting  the 
reproduction process for the stock in question. It is derived to deliver no more than a 
5 % reduction in long-term yield compared to the maximum sustainable yield. It is 
capped  so  that  the  probability  of  the  stock  falling  below  the  limit  spawning  stock 
biomass reference point (Blim) is no more than 5 %;  

(3) "MSY Flower" means the lowest value within the range of FMSY; 

(4) MSY Fupper" means the highest value within the range of FMSY; 

(5)  "FMSY  point  value"  is  the  value  of  the  estimated  fishing  mortality  that  with  a 
given  fishing  pattern  and  current  environmental  conditions  gives  the  long-term 
maximum yield. 

(6) "Lower range of FMSY" means a range that contains values from MSY Flower to 
FMSY point value; 

(7)  "Upper  range  of  FMSY"  means  a  range  that  contains  values  from  FMSY  point 
value up to MSY Fupper; 

(8)  "Blim"  means  the  stock  size  reference  point  provided  in  the  best  available 
scientific  advice,  in  particular  by  ICES,  below  which  there  may  be  reduced 
reproductive capacity; 

(9) "MSY Btrigger" means the spawning stock biomass reference point provided in 
the  best  available  scientific  advice,  in  particular  from  ICES,  below  which  specific 
and appropriate management action is to be taken to ensure that exploitation rates in 
combination with natural variations rebuild stocks above levels capable of producing 
MSY in the long term; 

(10) "Member States concerned" means Member States having a direct management 
interest, namely Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and 
Sweden." 

2. 

Article 4 is replaced by the following Article: 

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"Article 4 
Targets 

1.   The target fishing mortality in line with the ranges of FMSY defined in Article 2 
shall  be  achieved  as  soon  as  possible,  and  on  a  progressive,  incremental  basis  by 
2020  for  the  stocks  listed  in  Article  1(1),  and  shall  be  maintained thereafter  within 
the ranges of FMSY, in accordance with this Article. 

2.   Those ranges of FMSY based on this Plan shall be requested from ICES. 

In accordance with Article 16(4) of Regulation (EU) No 1380/2013, when the 
3.  
Council fixes fishing opportunities for a stock, it shall establish those opportunities 
within the lower range of FMSY available at that time for that stock. 

4.   Notwithstanding  paragraphs  1  and  3,  fishing  opportunities  may  be  fixed  at 
levels that are lower than the ranges of FMSY. 

5.   Notwithstanding paragraphs 3 and 4, fishing opportunities for a stock may be 
fixed in accordance with the upper range of FMSY available at that time for that stock, 
provided that the stock referred to in Article 1(1) is above MSY Btrigger: 

(a) 

(b) 

if,  on  the  basis  of  scientific  advice  or  evidence,  it  is  necessary  for  the 
achievement of the objectives laid down in Article 3 in the case of mixed 
fisheries; 

if,  on  the  basis  of  scientific  advice or  evidence,  it is  necessary  to  avoid 
serious harm to a stock caused by intra- or inter-species stock dynamics; 
or 

(c) 

in  order to  limit variations in  fishing opportunities  between consecutive 
years to not more than 20%. 

Fishing opportunities shall in any event be fixed in such a way as to ensure that 
6. 
there is less than a 5 % probability of the spawning stock biomass falling below the 
limit spawning stock biomass reference point (Blim)." 

3. 

In Chapter III, the following Article is inserted after Article 4: 

"Article 4a 
Conservation reference points  

The  following  conservation  reference  points  to  safeguard  the  full  reproductive 
capacity of the stocks referred to in Article 1(1) shall be requested from ICES based 
on this Plan:  

(a)  MSY Btrigger for stocks referred to in Article 1(1); 

(b) 

Blim for stocks referred to in Article 1(1)." 

4.  Article 5 is replaced by the following:  

"Article 5 
Safeguards 

1.   When scientific advice indicates that for a given year the spawning biomass of 
any  of  the  stocks  referred  to  in  Article  1(1)  is  below  the  MSY  Btrigger,  all 
appropriate  remedial  measures  shall  be  adopted  to  ensure  rapid  return  of  the 
stock concerned to levels above those capable of producing MSY. In particular, 

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by  way  of  derogation  from  Article  4(3)  and  (5)  fishing  opportunities  shall  be 
set at levels consistent with a fishing mortality that is reduced below the upper 
range of FMSY, taking into account the decrease in biomass. 

2.   When scientific advice indicates that the spawning stock biomass of any of the 
stocks referred to in Article 1(1) is below the Blim, further remedial measures 
shall be taken to ensure rapid return of the stock concerned to levels above the 
level  capable  of  producing  MSY.  In  particular,  those  remedial  measures  may 
include,  by  way  of  derogation  from  Article  4  (3)  and  (5),  suspending  the 
targeted  fishery  for  the  stock  and  the  adequate  reduction  of  fishing 
opportunities. 

3.   Remedial measures referred to in this Article may include: 

(a)  

emergency  measures  in  accordance  with  Articles  12  and  13  of 
Regulation (EU) No 1380/2013; 

(b)   measures pursuant to Articles 7 and 8 of this Regulation. 

4. 

The choice of measures referred to in this Article shall be made in accordance 
with the nature, seriousness, duration and repetition of the situation where the 
spawning stock biomass, is below the levels referred to in Article 4a." 

5.  Annexes I and II are deleted. 

CHAPTER XIV 
FINAL PROVISIONS 

Article 18 
Repeals 

1. 

The following Regulations are repealed: 

a) Regulation (EC) No 811/2004; 

b) Regulation (EC) No 2166/2005; 

c) Regulation (EC) No 388/2006; 

d) Regulation (EC) 509/2007; 

e) Regulation (EC) 1300/2008. 

2. 

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

Article 19 
Entry into force 

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

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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 

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