CELEX: 52014PC0614
Language: en
Date: 2014-10-06
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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

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		52014PC0614
		
			Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 /* COM/2014/0614 final - 2014/0285 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           1.       Context of the
proposal
·     
Grounds for and objectives of the proposal
Cod, herring and sprat are the subject of
important fisheries in the Baltic Sea. Scientific advice from the International
Council for the Exploration of the Sea ('ICES'[1])
has indicated that the current exploitation rates for some of these stocks are
not consistent with achieving maximum sustainable yield. A management plan for
the Baltic Sea cod stocks has been in place since 2007[2] but the stocks of
herring and sprat are not yet subject to a management plan. This hinders the
sustainable management of these fisheries, and does not provide stability of
fishing opportunities for the fishermen operating in these fisheries. 
In addition to providing the basis for capture
fisheries, cod, herring and sprat are also important components of the Baltic
ecosystem and there are also strong biological interactions between them. Cod
predate on sprat and herring meaning that the size of the cod stock affects the
size of the herring and sprat stocks and vice versa. There are some
indications from scientific analyses that the biological interactions within
and between these species in the Baltic may mean that higher fishing pressures
than are currently advised may be sustainable. However, the Scientific,
Technical and Economic Committee for Fisheries (STECF)[3] have advised[4] that more scientific
work is needed in order to understand the risks of fishing at these higher
values.
The productivity of Baltic fish stocks,
particularly cod and sprat, can be strongly influenced by environmental
conditions in the Baltic. Spawning of cod in the Eastern Baltic is limited to
the deep areas where salinities in the deeper water are sufficiently high to
allow egg fertilisation and for the fertilised eggs to float. Limited inflow of
oceanic water from the North Sea has resulted in oxygen depletion in these deep
saline waters since the mid-1980s and cod reproduction has only been successful
in the southern spawning areas. If there was a substantial inflow of North Sea water to the Eastern Baltic, this could lead to much higher recruitment of cod
than has been seen in recent years. For sprat, there is a link between
recruitment and temperature, with more young fish recruiting to the stock in
warmer conditions. This linkage implies that the occurrence of, for example,
two successive hard winters, could have severe consequences for the sprat
stock.
In view of the strong influence that
biological interactions and environmental effects have on the Baltic stocks of
cod, herring and sprat, it is desirable to be able to the adapt exploitation
rates and patterns of these stocks in the light of improvements in scientific
understanding of the interactions and of changes in environmental conditions.
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 stock
which would be the basis for setting annual TACs for those stocks. The adaptation
would then come from updating the fishing mortality and stock size reference
points for each stock where scientific advice indicated that this was
appropriate. 
The objective of the proposal is to
establish a management plan for the Baltic stocks of cod, herring and sprat.
The plan will ensure the sustainable exploitation of these stocks, and provide
stability of fishing opportunities, while ensuring that management is based on
the most up to date scientific information on interactions within and between
the stocks and with other aspects of the ecosystem and environment. The
specific objective of the initiative shall be to ensure that the Baltic stocks
of cod, herring and sprat are exploited in a sustainable way according to the
principles of maximum sustainable yield and of the ecosystem approach to
fisheries management. To this end, these stocks should be harvested at levels
which can produce the maximum sustainable yield. 
In cod and pelagic fisheries by-catches of
flatfish occur, namely plaice, flounder, turbot and brill. The exploitation of
cod and pelagic stocks should not jeopardize the sustainability of flatfish in
the Baltic.
The plan will apply to all Union fishing
vessels irrespective to their overall length in the Baltic Sea as this is in
conformity with the rules of the CFP and is in line with the effect of the
vessels on the fish stocks concerned.  
·     
General context
1.           Cod in the Eastern and
Western Baltic are considered to be two separate stocks. There are a number of
different herring stocks in the Baltic, with the main stock being found in the
sea's eastern basin. There are smaller stocks in the Bothnian Sea, the Bothnian Bay, the Gulf of Riga and the Western Baltic. The latter stock spawns in the
Western Baltic, and then migrates into the Skagerrak and the Eastern North Sea
in order to feed. In these areas it mixes with North Sea herring and is taken
as part of a mixed-stock fishery. There is one stock of sprat in the Baltic.
2.           The two Baltic cod stocks
are currently subject to a management plan2 and management measures
for the fisheries on these stocks include the setting of annual TACs,
restrictions on fishing effort and technical measures including minimum mesh
sizes, catch composition rules a minimum landing size and closed areas/seasons.
Current management of the fisheries for herring and sprat include annual TACs
and technical measures including mesh size and catch composition rules.
3.           The small stock of herring
in the Bothnian Bay is considered by ICES to be data-limited so it is not at
present possible to fully evaluate the stock's status as the basis of catch
advice. For this reason the plan does not include a harvest rule for this
stock. Taking account of the small size of that stock and the fishery
exploiting that stock, it is not proportionate to establish a separate TAC for
that stock. Instead, provision is made for catches from this stock to form part
of a combined area Bothnian sea/Bothnian bay herring TAC. 
4.           As of 1 January 2014 Regulation
(EU) 1380/2013 of the European Parliament and of the Council of 11 December
2013 on the Common Fisheries Policy sets out the rules of the CFP, including
the provisions on multiannual plans and establishing the landing obligation for
stocks subject to TAC. Article 9 and 10 lists the principles, objectives and
content of multiannual plans. Pursuant to Article 15 the landing obligation in
the Baltic Sea will apply to pelagic and salmon fishery and species that define
the fishery from 2015, and all other species covered by TAC from 1 January
2017. 
5.           The
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 the stocks concerned, and appear to allow for
adaptations in case of changes in the scientific advice, while at the same
preserving a high level of predictability. Such targets are supplemented with
safeguard provisions linked to a trigger conservation reference point. For the
stocks concerned these reference points are expressed as a spawning stock
biomass, which is obtained from the latest benchmarking exercise conducted by
ICES. In the absence of advice on spawning biomass level, the trigger should
be, when scientific advice states that a stock is under threat.  
6.           In line with Article 15 of
Regulation (EU) No 1380/2013 an obligation to land all catches of cod, herring,
sprat and plaice in the cod, herring and sprat fishery in the Baltic Sea is
included in the plan to contribute to the implementation of the discard ban,
except in circumstances where there is evidence of high survival rates. 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 reserve of the national TAC available or quota swaps with other Member
States. 
7.           In line with scientific
advice from STECF4, the plan does not include annual limits on
fishing effort. 
8.           In accordance with Article
18 of Regulation (EU) No 1380/2013 Member States having 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 multiannual
plan. To this end, the plan establishes regional cooperation in respect of
adopting technical measures, provisions for the landing obligation and specific
conservation measures for the bycatches in the fisheries for the stocks
concerned. 
9.           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 Regulation (EU) No 1380/2013 which
requests the development of multiannual plans, the main elements of the plan
are: 
–     
Objectives and targets (Achieve levels of
fishing mortality consistent with the principle of maximum sustainable yield); 
–     
Conservation reference points expressed in
spawning biomass levels and specific conservation measures;
–     
Provisions related to the landing obligation;
–     
Framework of technical measures;
–     
Periodic evaluation of the plan based on
scientific advice. 
·     
Existing Union provisions in the area of the
proposal
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/EC[5]
sets the general framework for the CFP and identifies the situations in which
the Council shall adopt multiannual plans. 
Council Regulation (EC) No 1098/2007 of 18
September 2007 establishing a multiannual plan for the cod stocks in the Baltic
Sea and the fisheries exploiting those stocks, amending regulation (EEC) No
2847/93 and repealing Regulation (EC) No 779/97 sets out the rules for the
sustainable exploitation of the Baltic Sea cod stocks. 
Council Regulation (EC) No 2187/05 of 21
December 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 88/98 outlines
technical conservation measures in the Baltic Sea i.e. catch composition rules,
minimum mesh size, minimum landing size, closed areas and closed seasons for
salmon fisheries. It also establishes a prohibition on drift netting in the
Baltic.
The annual Council Regulations fixing the
fishing opportunities and associated conditions for certain fish stocks and groups
of fish stocks applicable in the Baltic Sea set the TAC levels for the stocks
concerned (cod, herring and sprat) and plaice (for instance for 2014 Council
Regulation (EU) No 1180/2013 of 19 November 2013 fixing for 2014 the fishing
opportunities for certain fish stocks and groups of fish stocks applicable in
the Baltic Sea). 
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 1966/2006 sets the general
control requirements for fisheries as well as specific control requirements for
multiannual plans. 
·     
Consistency with the other policies and
objectives of the Union
The proposal and its objectives are consistent
with the Union's policies, especially environmental, social, market and trade
policies. 
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
·     
Consultation with interested parties 
Consultation methods, main sectors
targeted and general profile of respondents
Since the main interest in the Baltic
stocks of cod, herring, sprat and flatfish is for commercial capture fisheries,
the consultation has been centred on the Baltic Sea Advisory Council (BSAC) and
fisheries administrations of Baltic Sea member states. The BSAC consists of
representatives from the fishing sector and other interest groups affected by
the Common Fisheries Policy. The fishing sector includes fisheries
associations, producer organisations, processors, market organisations. The
other interest groups include environmental NGOs, consumers, women’s networks,
recreational and sports fishermen and subsistence fishermen.
The consultation and development process
for this initiative followed the established DG MARE procedure for the
development and evaluation of long term management plans. The procedure
involves two stages. The first stage is a retrospective evaluation, looking
back at the past performance of an existing management plan. This is followed,
if required, by a prospective evaluation, looking forward at possible
replacement multiannual plans and their potential impacts. Each stage involves
a series of meetings of expert groups of the Scientific, Technical and Economic
Committee for Fisheries (STECF). These meetings are organised in order to
address terms of reference specified by DG MARE. All of these meetings are open
to representatives of ACs and Member States who are able to provide input and
raise issues they consider to be relevant. In the current case, there was also
further consultation with BSAC and Member States on specific elements of the
plan after the completion of the STECF evaluation process.
Scientific/expertise domains concerned
As outlined above, STECF experts provided
advice throughout the evaluation process. This included input from fisheries
scientists, but also experts in other disciplines, including economics and
social sciences. Scientific advice was also received from ICES. 
Summary of responses and how they have
been taken into account
Following a prospective evaluation for a
management plan for the pelagic stocks[6],
both retrospective[7]
and prospective evaluation[8]
of the existing Baltic cod plan, in June 2011 the decision was made to move to
a multi-species plan for the Baltic stocks of cod, herring and sprat. This
decision was made in consultation with the Member States and stakeholders at a
meeting of the regional forum called BALTFISH. Subsequently the decision was
formalised at the Fisheries Council meeting in October 2011[9]. The context for this
decision was the requirement anticipated in the reform of the CFP for
management plans to cover multiple stocks where possible.
The decision to go with a multi-species
plan for the Baltic stocks necessitated the start of a new round of STECF meetings. To provide the basis for a prospective evaluation, DG MARE
organised a number of meetings of experts, most of which were held jointly
between STECF and ICES. All of these meetings were open to stakeholders, and
members of BSAC participated in all of them. The meetings were organised as
follows:
scoping meeting of STECF expert working
group on multi-annual management plans in Edinburgh, UK over 28 November to 2
December 2011[10].

ICES Workshop on Integrated/Multispecies
Advice for Baltic Fisheries, held at Charlottenlund, Denmark over 6-8 March 2012[11].

meeting of the STECF expert working group
on multi-annual management plans, in Rostock, Germany, over 26 to 30 March 2012[12]. 
Following the sequence of meetings
summarised above, STECF advised that a management plan based on the current,
single-species MSY targets would meet the criteria of providing high long-term
yield, with minimal risk to the stock. In short, such a plan would be
consistent with the principles of Maximum Sustainable Yield (MSY). They also
noted that a more multi-species approach might allow higher target fishing
mortalities on some stocks, but that more scientific work would be required to
evaluate the risks associated with such an approach. In the light of this
advice, a discussion paper was prepared which presented these two options and
their implications. This was discussed with MS at a BATFISH meeting, and with
BSAC, both in mid-June 2012. 
With the adoption of the Regulation on the
Reform of the Common Fisheries Policy in 2013 and the publication of the Final
Report of the Task force on multiannual plans established by the European
Parliament and Council in April 2014[13],
further consultations were conducted with the stakeholders in BSAC and with MS
administrations' in BALTFISH. This took place during Mach – June 2014.
Means used to make the expert advice
publicly available
Reports of all of the relevant STECF expert
meetings can be found on the STECF website: https://stecf.jrc.ec.europa.eu/. 
In addition, throughout the consultation
process the stakeholders were actively involved at every stage of the
subsequent development of the initiative.
·     
Impact assessment 
·        
Prior to drafting the multiannual plan,
extensive impact assessment was carried out. During the assessment three
options were analysed from biological, environmental and economic-social
aspects. The option with most beneficial impact has been then developed into
the present multiannual plan. To ensure sustainable fisheries at MSY level by
2015 for the stocks concerned is to achieve biological and environmental
benefits. The probable reduction in the overall amount of fishing would also
imply a reduction in emissions from vessel engines.
·        
As for the economic-social impact, bringing the
herring and sprat stocks under a management plan would provide a systematic
basis for setting annual TACs in a way which would provide the pelagic sector
with predictability of catches which would help support business planning and
stability of supply. It would also add value, as management plans are usually a
prerequisite for a fishery to obtain certification from, for example, the
Marine Stewardship Council (MSC). Fish caught in such certified fisheries can
then attract a higher price in the market. 
·        
Lowering fishing opportunities might result in
slight profit reduction for the fishermen, processing industry, and it might
negatively affect the consumers in the short term, but restoring the status of
stocks will ensure long-term benefits in terms of profit and sustainable
fishery. Furthermore, the temporary reduction of quotas normally results in
increasing the price for that stock. 
·        
The abolishment of fishing effort system and of
requirement of single area fishing will simplify the legal framework and reduce
administrative burden on MS and industry.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
·     
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. 
·     
Proportionality principle 
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. 
4.           BUDGETARY IMPLICATION 
No budgetary implications. 
2014/0285 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
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
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,
Having regard to the opinion of the
European Economic and Social Committee[14],

Having regard to the opinion of the
Committee of the Regions[15],
After transmission of the proposal to
National Parliaments,
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)       The United Nations
Convention of 10 December 1982 on the Law of the Sea[16], 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. 
(2)       At the World Summit on
Sustainable Development at Johannesburg in 2002, the Union and its Member States committed themselves to act against the continued decline of many fish
stocks. Therefore, it is necessary to adapt the exploitation rates of cod,
herring and sprat in the Baltic Sea so as to ensure that the exploitation of
these stocks restores and maintains them above levels that can produce the
maximum sustainable yield. 
(3)       The Common Fisheries Policy
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 set out in Article
1(1) of Directive 2008/56/EC of the European Parliament and of the Council[17].
(4)       Regulation (EU) No
1380/2013 of the European Parliament and of the Council establishes the rules
of the common fisheries policy ('CFP') in line with the international
obligations of the Union. The objectives of the CFP are, amongst others, 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. 
(5)       Recent scientific advice
from the International Council for the Exploration of the Sea ('ICES') and the
Scientific, Technical and Economic Committee on Fisheries ('STECF') has
indicated that the exploitation of the stocks of cod, sprat and some of the
herring stocks are in excess of that required to achieve maximum sustainable
yield. 
(6)       A management plan for the
cod stocks has been in place since 2007[18]
but the stocks of herring and sprat are not yet subject to similar plans. Since
strong biological interactions exist between the cod and pelagic stocks, the
size of the cod stock can affect that of the herring and sprat stocks and vice
versa. In addition, Member States and stakeholders have expressed support
for the development and implementation of management plans for the key Baltic
stocks.
(7)       The multiannual plan
established by this Regulation should, in accordance with Articles 9 and 10 of
Regulation (EU) No 1380/2013, be based on scientific, technical and economic
advice and contain, objectives, quantifiable targets with clear timeframes,
conservation reference points and safeguards.
(8)       It is appropriate to
establish a multi-species fisheries plan taking into account the dynamics
between the stocks of cod, herring and sprat, and also considering the by-catch
species of the fisheries for these stocks, namely the Baltic stocks of plaice,
brill, flounder and turbot. The objective of this plan should be to aim at
achieving and maintaining maximum sustainable yields for the stocks concerned.
(9)       The exploitation of cod
and pelagic stocks should not jeopardise the sustainability of the stocks taken
as by-catches in these fisheries, namely the Baltic stocks of plaice, brill,
flounder and turbot. Therefore, the plan should also aim at ensuring the
conservation of these by-catch stocks above biomass levels corresponding to
precautionary approach.
(10)     Moreover, as Article 15 of
Regulation (EU) No 1380/2013 introduced a landing obligation, including for all
species covered by TACs, the plan should also aim at contributing to the
implementation of the landing obligation for cod, herring, sprat and plaice.
(11)     Article 16(4) of Regulation
(EU) No 1380/2013 requires that fishing opportunities be fixed in accordance with
the targets set out in the multiannual plans.
(12)     These targets should
therefore be established and expressed in terms of fishing mortality rates,
based on scientific advice[19].

(13)     It is necessary to establish
conservation reference points to allow for additional precaution when a stock
size is reduced to certain critical level posing serious risk. Such conservation
reference points should be determined at levels of minimum spawning biomass of
a stock that is consistent with full reproductive capacity. Remedial measures
should be envisaged in case the stock size falls below minimum spawning
biomass.
(14)     In the case of stocks taken
as by-catches, in the absence of scientific advice on such levels of minimum
spawning biomass, specific conservation measures should be adopted when
scientific advice states that a stock is under threat.
(15)     Fish caught when fishing
with trapnets, pots and creels have a high survivability due to the
characteristics of those gears which do not cause damage to the fish, as confirmed
by experimental fishing trips. Therefore, in addition to cases set out in
points (a) to (c) of Article 15(4) of Regulation (EU) No 1380/2013, it is
appropriate to exempt cod, herring, plaice and sprat from the landing
obligation in those fisheries.
(16)     In order to comply with the
landing obligation established by Article 15(1) of Regulation (EU) No
1380/2013, the plan should provide for other management measures as set out
under points (a) to (c) of Article 15(4) of that Regulation. Such measures should
be laid down by way of delegated acts. 
(17)     The plan should also
provide for certain accompanying technical measures to be adopted, by way of
delegated acts, in order to contribute to the achievement of the objectives of
the plan, in particular as regards the protection of juveniles or spawning
fish. Pending the revision of Council Regulation (EC) No 2187/2005[20], it should also be
envisaged that such measures may, where necessary for the achievement of the
objectives of the plan, derogate from certain non-essential elements of that
Regulation.
(18)     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 concerning plaice, flounder, turbot and
brill, implementation of the landing obligation and technical measures. It is
of particular importance that the Commission carry out appropriate
consultations during its preparatory work, including at experts level. 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.
(19)     In accordance with Article
18 of Regulation (EU) No 1380/2013, where the Commission has been
granted powers to adopt delegated acts in respect of certain conservation
measures as set out in the plan, Member States having a direct management
interest in the Baltic Sea fisheries should have the possibility to submit
joint recommendations for such measures, so that these measures are well
designed to correspond to the particularities of the Baltic Sea and its
fisheries. The deadline for submitting these recommendations should be
established, as required by Article 18(1) of that Regulation.  
(20)     With a view to ensuring
compliance with the measures laid down in this Regulation, specific control
measures should be adopted in addition to those provided for in Council
Regulation (EC) No 1224/2009[21].
(21)     Recognising that the Baltic
Sea is a rather small fishing area where mainly small vessels carry out short
fishing trips, the use of prior notification as requested by Article 17 of
Regulation (EC) 1224/2009 should be extended to cover all vessels with an
overall length of eight metres or more, and the prior notifications should be
submitted at least one hour before the estimated time of arrival at port. However,
considering the effect of fishing trips involving very small quantities of fish
on the stocks concerned and the administrative burden of prior notifications
related to those, it is appropriate to establish a threshold for such prior
notifications, when these vessels retain on board at least 300 kg cod or two
tons pelagic stocks.
(22)     Thresholds should be
established for the stocks of cod, herring and sprat, which a fishing vessel is
required to land in a designated port or a place close to the shore, in
accordance with Article 43 of Regulation (EC) No 1224/2009. Moreover, when
designating these ports or places close to the shore, Member States should
apply the criteria provided in Article 43(5) of that Regulation in such a way
as to ensure effective control of the stocks covered by this Regulation.
(23)     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. Such assessment should follow and be based
on benchmarking evaluation of the stocks concerned carried out by ICES. 
(24)     In accordance with Article
9(4) of Regulation (EU) No 1380/2013, prior to drafting the plan, its likely
economic and social impact was duly assessed[22].

(25)     As regards the time-frame,
it is expected that for the stocks concerned maximum sustainable yield should
be reached by 2015. It should be maintained from there on.
(26)     In the absence of fishing
effort regime it is necessary to delete the specific rules on special fishing
permit and replacement of vessels or engines applicable to the Gulf of Riga. Accordingly, Council Regulation (EC) No 2187/2005 should be amended.
(27)     Council Regulation (EC) No 1098/2007[23] should be repealed, 
HAVE ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT MATTER , SCOPE AND DEFINITIONS
Article 1
Subject-matter
and scope
1. This Regulation establishes a
multiannual plan (hereinafter referred to as "plan") for the following
stocks (hereinafter referred as "stocks concerned") in the Union
waters of the Baltic Sea and the fisheries exploiting the stocks concerned:
(a) cod (Gadus morhua) in ICES
Subdivisions 22-24 (Western Baltic cod);
(b) cod (Gadus morhua) in ICES
Subdivisions 25-32 (Eastern Baltic cod);
(c) herring (Clupea harengus) in
ICES Subdivisions 25, 26, 27, 28.2, 29 and 32 (Central Baltic herring); 
(d) herring (Clupea harengus) in
ICES Subdivision 28.1 (Gulf of Riga herring); 
(e) herring (Clupea harengus) in
ICES Subdivision 30 (Bothnian Sea herring);
(f) herring (Clupea harengus) in
ICES Subdivision 31 (Bothnian Bay herring);
(g) herring (Clupea harengus) in
ICES Division IIIa and Subdivisions 22-24 (Western Baltic herring);
(h) sprat (Sprattus sprattus) in
ICES Subdivisions 22-32.
2. The plan shall also apply to plaice,
flounder, turbot and brill in ICES Subdivisions 22-32 caught when fishing for
the stocks concerned. 
Article 2
Definitions
For the purposes of this Regulation, 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 2 of Council Regulation (EC) No 2187/2005 the following
definitions shall apply:
(a) "pelagic stocks" means the
stocks listed in Article 1(c) to (h) of this Regulation and any combination
thereof;
(b) "trapnet" means large
nets, anchored, fixed on stakes or occasionally floating, open at the surface
and provided with various types of fish herding and retaining devices, and
which are generally divided into chambers closed at the bottom by netting;
(c) "pots and creels" mean small
traps designed to catch crustaceans or fish in the form of cages or baskets
made with various materials that are set on the seabed either singly or in
rows; connected by ropes (buoy-lines) to buoys on the surface showing their
position and having one or more openings or entrances; 
(d) "Member States concerned"
means Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden.
CHAPTER II
OBJECTIVES AND TARGETS 
Article 3
Objectives
1. The plan shall aim at contributing to
the objectives of the common fisheries policy listed in Article 2 of Regulation
(EU) No 1380/2013 and in particular: 
(a)                   
achieving and maintaining maximum sustainable
yield for the stocks concerned, and 
(b)                   
ensuring the conservation of the stocks of
plaice, brill, flounder and turbot in line with the precautionary approach.
2. The plan shall aim at contributing to
the implementation of the landing obligation established in Article 15(1) of
Regulation (EU) No 1380/2013 for the stocks concerned and for plaice. 
Article 4
Targets

1. The target fishing mortality shall be
reached by 2015 and maintained onwards for the stocks concerned within the following
ranges:
 Stock || Target fishing mortality range 
 Western Baltic cod || 0.23-0.29 
 Eastern Baltic cod || 0.41-0.51 
 Central Baltic herring || 0.23-0.29 
 Gulf of Riga herring || 0.32-0.39 
 Bothnian Sea herring || 0.13-0.17 
 Bothnian Bay herring || Not defined 
 Western Baltic herring || 0.25-0.31 
 Baltic Sprat || 0.26-0.32 
2. In accordance with Article 16(4) of Regulation (EU) No 1380/2013,
fishing opportunities shall comply with the targets set out in paragraph 1.
CHAPTER III
CONSERVATION REFERENCE POINTS 
Article 5
Minimum
spawning biomass
1. The conservation reference points
expressed in minimum spawning biomass level that is consistent with full
reproductive capacity shall be for the stocks concerned as follows: 
               Stock ||               Minimum spawning biomass level (in tonnes) 
               Western Baltic cod ||               36 400 
               Eastern Baltic cod ||               88 200 
               Central Baltic herring ||               600 000 
               Gulf of Riga herring ||               Not defined 
               Bothnian Sea herring ||               Not defined 
               Bothnian Bay herring ||               Not defined 
               Western Baltic herring ||               110 000 
               Baltic sprat ||               570 000 
2. When the spawning biomass of any of the
stocks concerned for a certain year is below the minimum spawning biomass
levels set out in paragraph 1, appropriate remedial measures shall be adopted
to ensure rapid return of the stock concerned to precautionary levels. In
particular, by way of derogation from Article 4(2) of this Regulation and in accordance
with Article 16(4) of Regulation (EU) No 1380/2013 fishing opportunities shall
be set at levels lower than those resulting in target fishing mortality ranges
laid down in Article 4(1).  These remedial measures may also include, as
appropriate, the submission of legislative proposals by the Commission and
emergency measures adopted by the Commission under Article 12 of Regulation
(EU) No 1380/2013.
CHAPTER IV  
Specific conservation measures for plaice,
flounder, turbot and brill
Article 6
Measures
in case of threat to plaice, flounder, turbot and brill 
1. When scientific advice states that the
conservation of any of the Baltic stocks of plaice, flounder, turbot or brill
is under threat, the Commission shall be empowered to adopt delegated acts in
accordance with Article 15 on specific conservation measures concerning the
stock under threat and regarding any of the following:
(c)                   
(a)      adaptation of fishing capacity and fishing
effort;
(d)                  
(b)     technical measures, including 
(1)         
 characteristics of fishing gear, in particular mesh
size, twine thickness, size of the gear);
(2)         
use of the fishing gear, in particular immersion
time, depth of gear deployment);
(3)         
prohibition or limitation to fish in specific
areas;
(4)         
prohibition or limitation to fish during
specific time periods;
(5)         
minimum conservation reference size. 
2. The measures referred to in paragraph 1
shall aim at achieving the objective set out in Article 3(1)(b) and be based on
scientific advice.
3. The Member States concerned may submit
joint recommendations in accordance with Article 18(1) of Regulation (EU) No
1380/2013 for specific conservation measures as referred to in paragraph 1. 
CHAPTER V  
LANDING OBLIGATION
Article 7
Derogation
for trapnets, pots and creels
By way of derogation from Article 15(1) of
Regulation (EU) No 1380/2013 the landing obligation shall not apply to the
stocks concerned and plaice when fishing with the following gears: trapnets,
pots and creels.
Article 8
Implementation of the landing obligation
1.         The Commission shall be
empowered to adopt delegated acts in accordance with Article 15 on the
following measures:
(a) the list of species in respect of which
fishing is prohibited for the purpose of the exemption from the landing
obligation provided for in Article 15(4)(a) of Regulation (EU) No 1380/2013;
(b) exemptions from the landing obligation
provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 for species for which scientific evidence demonstrates high survival
rates, taking into account the characteristics of the gear, of the fishing
practices and of the ecosystem; and 
(c) de minimis
exemptions referred to in Article 15(4)(c) of Regulation (EU) No 1380/2013. 
2. The measures referred to in paragraph 1
shall aim at achieving the objective set out in Article 3(2) and be based on
scientific advice, where applicable. The de minimis exemptions
shall comply with Article 15(5)(c) of Regulation (EU) No 1380/2013. 
3. The Member States concerned may submit
joint recommendations in accordance with Article 18(1) of Regulation (EU) No
1380/2013 for measures referred to in paragraph 1. 
CHAPTER VI
TECHNICAL MEASURES 
Article 9
Framework of technical measures 
1. The Commission shall be empowered to adopt
delegated acts in accordance with Article 15 on the following technical
measures:
(a) specifications of
characteristics of fishing gears and rules governing their use;
(b) specifications of
modifications or additional devices to the fishing gears; 
(c) limitations or
prohibitions on the use of certain fishing gears and on fishing activities, in
certain areas or periods; 
(d) minimum
conservation reference sizes for any of stocks covered by this Regulation.
2. The measures referred to in paragraph 1 shall aim at achieving the
objectives set out in Article 3 and
in particular the protection of juveniles or spawning fish. 
3. The
delegated acts referred to in paragraph 1 may derogate, where necessary for the
achievement of the objectives referred to in paragraph 2, from the following
provisions of Regulation (EC) No 2187/2005:
(a) specifications of target species and mesh
sizes laid down in Annexes II and III referred to in Articles 3 and 4 of
Regulation (EC) No 2187/2005; 
(b) structures, characteristics and rules governing
the use of active gears laid down in Article 5(2), (3) and (4) and Article 6
thereof;
(c) structures, characteristics and rules
governing the use of passive gears laid down in Article 8;
(d) the coordinates of prohibited areas and
periods of application laid down in Article 16 thereof;
(e) the species, geographical areas and periods
of application of restrictions on fishing for certain stocks laid down in
Article 18a(1) thereof, and the technical details of the derogation laid down
in Article 18a(2) thereof;
(f) the trawling
prohibition for the Gulf of Riga laid down in Article 22 thereof.
4. The Member States concerned may submit joint recommendations in
accordance with Article 18(1) of Regulation (EU) No 1380/2013 for measures
referred to in paragraph 1. 
CHAPTER VII
REGIONALIZATION
Article 10
Regional
cooperation 
1. Article 18 (1)
to (6) of Regulation (EU) No 1380/2013 shall apply to the measures under this Chapter. 
2. Member States concerned may submit joint
recommendations in accordance with Article 18(1) of Regulation (EU) No 1380/2013 within the following deadlines:
a)         for the measures set out in
Article 6(1) and concerning a given calendar year, not later than 1 September of
the previous year;
b)         for the measures set out in Articles 8(1) and
9(1), for the first time not later than six months
after the entry into force of this Regulation and thereafter six months after each
submission the evaluation of the plan in accordance with Article 14.
CHAPTER VIII
CONTROL AND ENFORCEMENT
Article 11
Relationship
with Council Regulation (EC) No 1224/2009
The control measures provided for in this
Chapter shall apply in addition to those prescribed in Council Regulation (EC)
No 1224/2009, save where otherwise provided for in this Chapter. 
Article 12
Prior
notifications
1. By way of derogation from Article 17(1)
of Regulation (EC) No 1224/2009, the prior notification obligation laid down in
that Article shall apply to masters of Union fishing vessels of eight metres
overall length or more retaining on board at least 300 kg of cod or two tons of
pelagic stocks. 
2. By way of derogation from Article 17(1)
of Regulation (EC) No 1224/2009, the advance notification period laid down in
that Article shall be of at least one hour before the estimated time of arrival
at port.
Article 13
Designated ports 
The threshold applicable to the live weight
of species subject to the multiannual plan, above which a fishing vessel shall
be required to land its catches in a designated port or a place close to the
shore as set out in Article 43 of Regulation (EC) No 1224/2009 shall be: 
(a) 750 kilograms of cod,
(b) 5 tonnes of pelagic stocks.
CHAPTER IX
FOLLOW-UP
Article 14
Evaluation
of the plan
The Commission shall ensure an evaluation
of the impact of this plan on the stocks covered by this Regulation and on the
fisheries exploiting those stocks, in particular to take account of changes in
scientific advice, six years after the entry into force of the plan and,
thereafter, every six years. The Commission shall submit the results of these
evaluations to the European Parliament and Council.
CHAPTER X
PROCEDURAL PROVISIONS 
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
6, 8 and 9 shall be conferred on the Commission for an indeterminate period of
time from the date of the entry into force of this Regulation.
3. The delegation of power referred to in
Articles 6, 8 and 9 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
power specified in that decision. It shall take effect the day following the
publication of the decision in the Official Journal of the European Union
or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.
4. As soon as it adopts a delegated act,
the Commission shall notify it simultaneously to the European Parliament and to
the Council.
5. A delegated act adopted pursuant to Articles 6, 8 and 9 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.
 
CHAPTER XI
AMENDMENTS
Article 16
Amendments
to Council Regulation (EC) No 2187/2005
Articles 20 and 21 of Regulation
(EC) No 2187/2005 are deleted.
CHAPTER XII
REPEAL
Article 17
Repeal
of Council Regulation (EC) No 1098/2007
Regulation (EC) No 1098/2007 is repealed. References made to the repealed Regulation shall
be construed as references to this Regulation

CHAPTER XIII
Final Provisions
Article 18
This Regulation shall enter into force on
the 20th day following its publication in the Official Journal of the
European Union.
It shall apply from 1 January
2015. 
This Regulation shall be binding
in its entirety and directly applicable in all Member States.
Done at Brussels,
For the European Parliament                        For
the Council
The President                                                 The
President
[1]               http://www.ices.dk/aboutus/aboutus.asp
[2]               Council Regulation (EC) No 1098/2007 of 18 September
2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93
and repealing Regulation (EC) No 779/97 (OJ L 248, 22.9.2007)
[3]               Commission Decision of 26
August 2005 establishing a Scientific, Technical and Economic Committee for
Fisheries (2005/629/EC)
[4]               Report of the STECF expert group meeting on:
Multispecies management plans for the Baltic (STECF-12-06)
[5]               OJ L 354, 28.12.2013, p. 22.
[6]               MRAG, September 2009: Economic and social impacts of
the proposed scenarios for a multi-annual management plan for Baltic pelagic fisheries, FISH/2006/09 — Lot 4.
[7]               Report of the Sub Group on Management Objectives and
Strategies (STECF SGMOS 10-06). Part e)  Evaluation of multi-annual plan for
Baltic cod
[8]               Report of the STECF expert group meeting on: Impact
Assessment of Baltic cod multi-annual plans (STECF 11-05)
[9]               Council
of The European Union, document 16684/11 ADD 1,
http://register.consilium.europa.eu/pdf/en/11/st16/st16684-ad01.en11.pdf
[10]             Report of the STECF expert group meeting on: Scoping
for Impact Assessments for Multi-Annual plans for Baltic Multispecies and cod
in the  Kattegat, North Sea, West of Scotland and Irish Sea. (STECF-12-05) 
[11]             Report of the Workshop on Integrated/Multispecies
Advice for Baltic Fisheries (WKMULTBAL) 6–8 March 2012, Charlottenlund, Denmark. ICES CM 2012/ACOM:43
[12]             Report of the STECF expert group meeting on:  Multispecies
management plans for the Baltic (STECF-12-06)
[13]             http://www.europarl.europa.eu/meetdocs/2009_2014/documents/pech/dv/taskfor/taskforce.pdf

[14]             OJ C , , p. . 
[15]             OJ C , , p. . 
[16]             OJ L 179, 23.6.1998, p. 3
[17]             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)
[18]             Council Regulation (EC) No 1098/2007 of 18 September
2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93
and repealing Regulation (EC) No 779/97 (OJ L 248, 22.9.2007, p.1).
[19]             ICES technical services, September 2014 http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2014/Special%20Requests/EU_Fmsy_range_for_Baltic_cod_and_pelagic_stocks.pdf
[20]             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 88/98 (OJ L 349,
31.12.2005, p. 1).
[21]             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 (OJ L 343, 22.12.2009, p. 1).
[22]             Impact assessment published…(to
be completed)
[23]             Council Regulation (EC) No 1098/2007 of 18 September
2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93
and repealing Regulation (EC) No 779/97 (OJ L 248,
22.9.2007, p. 1