CELEX: 52011PC0425
Language: en
Date: 2011-07-13
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the Common Fisheries Policy

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		52011PC0425
		
			Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the Common Fisheries Policy /* COM/2011/0425 final - 2011/0195 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
·      General context
In 2009 the Commission analysed the
functioning of the Common Fisheries Policy (CFP) based on the Green Paper on
the Reform of the Common Fisheries Policy[1].
The Commission concluded that despite progress since the 2002 reform, the
objectives to achieve sustainable fisheries in all its dimensions
(environmental, economic and social) have not been met and the Green Paper
identified a series of structural shortcomings of the current CFP. The European
Parliament and the Council of Ministers supported this conclusion.
Numerous contributions during the public
debate between April 2009 and November 2010, as well as specific studies and
evaluations, have also confirmed the overall assessment in the Green Paper and
have helped to identify the weaknesses to be addressed through the reform.
·      Grounds for and objectives of the proposal
The Common Fisheries Policy needs a
fundamental reform by repealing the current Council Regulation (EC) No
2371/2002 of 20 December 2002 on the conservation and sustainable exploitation
of fisheries resources under the Common Fisheries Policy, and replacing it on 1
January 2013 by a new CFP adopted by the European Parliament and the Council on
the basis of this proposal. 
The main problems of the CFP are:
–     
Lack of focus in the objectives on
environmental, economic and social sustainability.
–     
Unacceptably high levels of discards.
–     
Fleet overcapacity, overfishing, total allowable
catches (TACs) that are set too high, and low compliance have resulted in a
large majority of Union stocks being overexploited.
–     
Low profitability and low economic resilience
for a significant number of fleets.
–     
Insufficient integration of environmental
concerns into the policy.
–     
Lack of reliable data to assess all stocks and
fleets.
–     
Substantial public financial support to
fisheries that does not contribute to achieving the objectives of the CFP.
–     
Low attractiveness of the fishing activities and
decline of some coastal communities dependent on fishing.
–     
Top-down micro-management at Union level,
lacking flexibility and adaptation to local and regional conditions.
–     
Insufficient development of aquaculture in the Union.

–     
Legislation and management are costly and
extremely complex, which fosters lack of compliance.
–     
Trade policy facing the challenge of
globalisation and increased interdependence.
This proposal for a new basic regulation is
justified because there is a need:
–     
to precise the objectives of the CFP.
–     
to enhance consistency between the policy
initiatives covered by the CFP.
–     
to better preserve marine biological resources,
in particular for multi-annual plans for fisheries management, and to end
discards.
–     
to contribute to ecosystem and environmental
policies under the CFP.
–     
to provide for regionalisation of measures on a
sea-basin approach under the conservation pillar.
–     
to reinforce data collection and scientific
advice for the knowledge base of the conservation policy.
–     
to fully integrate the external policy into the
CFP.
–     
to promote the development of aquaculture.
–     
to reform the common market policy of the CFP.
–     
to provide a legal framework for a new financial
instrument by 2014 supporting the objectives of the CFP and the EU 2020 Agenda.
–     
to further enhance and streamline stakeholders'
involvement.
–     
to incorporate the recently adopted new control
regime in the CFP.
The overall objective of the proposal is to
ensure fishing and aquaculture activities that provide long-term sustainable
environmental conditions and contribute to the availability of food supplies.
The policy shall be aimed at exploitation of living marine biological resources
that restores and maintains fish resources at levels which can produce the
maximum sustainable yield, not later than 2015. The CFP shall implement the
precautionary and eco-system approaches to fisheries management. 
In conjunction with this proposal the
Commission will adopt an overarching Communication on the future Common
Fisheries Policy, a proposal for a Regulation on the common organisation of the
markets in fisheries and aquaculture products, a Communication on the external
dimension of the CFP, and a report on specific parts of Council Regulation (EC)
No 2371/2002 of 20 December 2002 on the conservation and sustainable
exploitation of fisheries resources under the Common Fisheries Policy.
·      Existing provisions in the area of the proposal
Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploitation of fisheries
resources under the Common Fisheries Policy is the current general regulatory
framework for the CFP. This proposal should replace that Regulation.
Council Regulation (EC) No 850/98 of 30
March 1998 for the conservation of fishery resources through technical measures
for the protection of juveniles of marine organisms[2].
Council Regulation (EC) No 104/2000 of 17
December 1999 on the common organization of the markets in fishery and
aquaculture products[3].
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[4].
Council Regulation (EC) No 1198/2006 of
27 July 2006 on the European Fisheries Fund[5].
Council Regulation (EC) No 1967/2006 of 21
December 2006 concerning management measures for the sustainable exploitation
of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No
2847/93 and repealing Regulation (EC) No 1626/94[6].
Council Regulation (EC) No 199/2008 of
25 February 2008 concerning the establishment of a Community framework for the
collection, management and use of data in the fisheries sector and support for
scientific advice regarding the Common Fisheries Policy[7].
Council Regulation (EC) No 1005/2008 of
29 September 2008 establishing a Community system to prevent, deter and
eliminate illegal, unreported and unregulated fishing, amending Regulations
(EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and
repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999[8].
Council Regulation (EC) No 1224/2009 of
20 November 2009 establishing a Community control system for ensuring
compliance with the rules of the common fisheries policy, amending Regulations
(EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005,
(EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC)
No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC)
No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC)
No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006[9]. 
Council Decision (EC) No
2004/585 of 19 July 2004 establishing Regional Advisory
Councils under the Common Fisheries Policy[10].

·      Consistency with the other policies and objectives of the Union
The proposal and its objectives are
consistent with other Union policies, in particular environmental, social,
regional, development, agriculture, market and trade, financial, research and
innovation, health and consumer protection policies and their objectives.
2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS
·     
Consultation of interested parties 

Consultation methods, main sectors
targeted and general profile of respondents
Throughout 2009 and 2010 consultation on
the reform through internet contributions and numerous discussion meetings with
stakeholders revealed generalized support for the reform. The European
Parliament, the European Economic and Social Committee and the Committee of the
Regions also submitted opinions on the Green Paper. The Council of Ministers
discussed the reform several times. The public consultation was summarized in a
Synthesis of the Consultation on the Reform of the Common Fisheries Policy[11]. 
Summary of responses and how they
have been taken into account
Simplification, adaptation of decision
making to the Lisbon Treaty, strengthening the long-term approach to
conservation and resource management including tackling the discards problem,
regionalization, further stakeholder involvement and more industry
responsibility were at the centre of reactions. Relative stability is generally
seen as a central pillar of the CFP, especially by Member States. Small-scale
and coastal fisheries are considered important but limited support was shown
for the idea of a differentiated regime beyond current legal provisions. More
market-based approaches in fleet management and the market policy were seen by
many as useful drivers for sustainability. On the external policy and
international actions the need for full alignment with the principles and
objectives of the CFP was recognized. Strong support was shown for stricter
targeting of the public funding to the policy objectives. Aquaculture was
considered important in many contributions. 
The Commission, in developing its proposal,
has taken due account of the contributions in the consultation, notably on
creating the environmental conditions for sustainability and consolidation of
the maximum sustainable yield objective, a strengthened long-term perspective,
regionalization and further stakeholder involvement, and introduction of more
market-based instruments while taking into consideration the specific
characteristics of small-scale fleets. The importance of aquaculture is also
reflected in the proposal.
·      Collection and use of expertise
For the development of the proposals
outside expertise as well as existing knowledge on the policy, among them
(annual) advice by ICES and STECF was utilized in addition to a series of
studies and research projects. Publicly available expert advice and studies are
published on the DG MARE website.
·      Impact assessment
For the Impact Assessment exercise
different options for the CFP reform package were identified. All options
include environmental sustainability as a precondition for overall
sustainability. Methodologically the analysis of impacts was supported by
performance indicators to measure the impacts of the options. The impacts of
all options were analysed and compared to an analysis of the so-called status
quo option. This allowed for identification of the two preferred options as
indicated in the IA report. Both options are similar in focusing on the
environmental sustainability while creating sufficient flexibility to give the
fishing sector time to adapt to ambitious environmental objectives. 
3.           LEGAL ELEMENTS OF THE PROPOSAL
Legal basis
Article 43(2) of the Treaty on the Functioning of the
European Union.
Subsidiarity principle
Provisions in the proposal relating to the
conservation of marine biological resources fall under the exclusive competence
of the Union, and the subsidiarity principle therefore does not apply for those
provisions. 
Provisions in the proposal relating to
aquaculture and the need for the establishment of Union strategic guidelines on
common priorities and targets for the development of aquaculture activities
fall under shared competence between the Union and Member States. Non-binding
Union strategic guidelines will form the basis for multiannual national
strategic plans, taking into account that strategic choices made at national
level can have a bearing on the development of aquaculture activities in
neighbouring Member States. Provisions in the proposal relating to the Common
Market Organization fall under the shared competence between the Union and the
Member States. The objectives for the common market organization include
increased competitiveness of the Union fishery and aquaculture industry,
improvement of the transparency of the markets and the contribution to ensuring
a level playing field for all products marketed in the Union. To achieve these
objectives the measures, which comprise the organization of the industry
including measures for stabilisation of the markets and marketing standards,
and consumer information requirements, need to be consistent throughout the
Union. The subsidiarity principle therefore is respected by the proposal. 
Proportionality principle
 The proposal complies with the principle of proportionality for the following reason: 
 The Common Fisheries Policy is a common policy and should therefore be implemented through a Regulation adopted by the European Parliament and the Council. It is necessary and appropriate for the achievement of the basic objective of ensuring fishing and aquaculture industries that provide long-term sustainable economic, environmental and social conditions and contribute to the availability of food supplies, to lay down rules on the conservation and exploitation of marine biological resources. This Regulation does not go beyond what is necessary to achieve that objective. Through the proposed regionalised approach Member States will be empowered to adopt the conservation and technical measures necessary to achieve the objectives and targets set out in Regulations adopted by the Union legislator, based on the available toolbox of measures under the conservation policy of the CFP. This will create regional flexibility in the application of Union legislation. Member States furthermore remain free to allocate fishing opportunities allocated by the Council among regions or operators as they see fit, so Member States have ample room for manoeuvre on decisions related to the social/economic model of their choice to exploit their allocated fishing opportunities. 
4.           OPTIONAL ELEMENTS 
·      Detailed explanation of the proposal
The Commission introduces in the proposal
significant changes to the CFP. In this section the proposal is explained in
detail.
General Provisions
The overall objective of the CFP is to
ensure that fishing and aquaculture activities provide long-term sustainable
environmental conditions, which are a prerequisite to reach an economically and
socially sustainable fishing industry that contributes to the availability of
food. The impact assessment demonstrates that ambitious targets for the
resources meeting the Union's international obligation of achieving maximum
sustainable yield by 2015 can deliver important overall stock improvement
leading to significant economic and social improvements. These positive
outcomes from the impact assessment underline the premise of ecological
sustainability as a requirement for long-term economic and social
sustainability. 
Decreasing unwanted catches, ending
discarding and minimizing the negative impact on the marine eco-systems
combined with the precautionary and eco-system approach will contribute to the
good environmental status of the seas under the Marine Strategy Framework
Directive. 
Access to waters 
The proposal confirms the principle of
equal access to waters, while treating third-country vessels with access to Union
waters equally.
The Commission proposes to extend the
current restrictions on the right to fish within the 12-nautical miles until
2022. These restrictions have reduced fishing pressure in the most biologically
sensitive areas and have contributed to economic stability for small-scale,
coastal fishing activities. 
The Commission proposes to introduce into
this regulation the specific restrictions for the 100 nautical miles around the
Azores, Madeira and the Canary Islands, which are currently laid down in
Council Regulation (EC) No 1954/2003[12].
They are justified to protect the sensitive biological situation of the waters
surrounding these islands and in light of article 349 of the Treaty, by taking
account of the structural, social and economic situation and the need to
preserve the local economy of these islands.
Conservation of marine biological
resources 
Conservation of marine biological resources
is the fundamental pillar to achieve the objectives of the CFP. 
Multi-annual management plans to manage resources
at levels that are capable of producing maximum sustainable yield are key to
conservation. They need to move where possible to fisheries-based plans –
covering more stocks in fewer plans. Stocks not under plans are managed through
fixing fishing opportunities by Council and other measures. 
A second core element of the conservation
proposal is ending the practice of discards and reducing unwanted catches. The
proposal introduces the obligation to land all catches of specified stocks,
with a precise timeline for implementation and in combination with some
flanking measures.
The proposal also covers the main
principles for technical conservation measures applicable to fisheries.
For the multi-annual plans and the
technical conservation measures the Commission envisages a move away from
micro-management by the co-legislators. The Union legislation on these plans
and measures needs to define the essentials, such as the scope, targets,
evaluation indicators and time frames. The Commission proposes decentralization
that may authorize Member States to adopt the conservation and technical
measures necessary to achieve the objectives and targets using a toolbox of
measures under the conservation policy. This will create regional flexibility
and simplification of the policy. The proposal includes provisions to ensure
that the Member States concerned adopt measures are compatible and effective. A
fall-back mechanism is established for Commission action in cases where Member
States cannot agree, or where the targets are not being reached. 
The provisions for emergency measures when
conservation of the marine biological resources is threatened, either at the
request of a Member State or at the initiative of the Commission, are
maintained and a new provision is introduced for fisheries measures in the
context of Union environmental law obligations. The existing authorization to
Member States to take conservation measures within the 12 nautical mile zone
and measures applicable solely to fishing vessels flying their flag are
maintained in the proposal.
Access to resources
The introduction of a system of
transferable fishing concessions will constitute a major driver for fleet
capacity adjustment. The impact assessment has shown clear positive and
significant contributions from such a system of transferable fishing
concessions to eliminate overcapacity and to improve economic results of the
fishing industry.
The proposal introduces a mandatory system
of transferable fishing concessions (on fishing opportunities for regulated
stocks) as from 2014 for all vessels with the exception of vessels under 12
meters with passive gear. In recognition of the specific characteristics and
socio-economic vulnerability of some small-scale fleets, the choice on
introduction of transferable fishing concessions for the remaining vessels will
be left to Member States. Member States may regulate transferable fishing
concessions to ensure a close link between them and the fishing communities
(for example, by limiting the transferability within fleet segments) and to
prevent speculation. To respect and maintain relative stability transferability
of these concessions may be limited to vessels flying the same flag. Member
States may create a reserve and introduce a fee for the concessions, which under
normal conditions may be recalled by the Member States only after expiration of
their validity or invocation of an early warning. 
Management of fishing capacity
The general obligation for Member States to
adjust the fleet capacity to the fishing opportunities is maintained. A basic
fleet management policy remains necessary with overall fishing capacity
ceilings per Member State established by the Commission. Transferable fishing concessions
will accelerate fleet capacity reduction, and this justifies that Member States
should be allowed to exclude vessels with such concessions from the capacity
ceilings. For the period when decommissioning of vessels with public aid
remains possible under the European Fisheries Fund, the provisions on fleet
capacity reductions have to remain in place. The Member State and Commission
fleet registers will ensure informed monitoring and management of the fleets.
Science base for fisheries management
Reliable and complete data, both for
scientific advice and for implementation and control purposes are central to
well-functioning fisheries management. The proposal establishes the basic rules
and obligations for Member States on data collection, management, data
availability and access provisions for the Commission. The need for
coordination of data collection between Member States in a decentralized
context is a key reason for the Commission to introduce a regional coordination
obligation on data collection.
To improve the quality, coherence and
synergy of efforts in the field of policy-oriented science, the proposal also
introduces provisions for Member States to adopt national fisheries data
collection and scientific and innovation programs and to coordinate between
themselves, in particular with a view to the Union research and innovation framework.

External policy 
The external policy is integrated into the
CFP to ensure alignment of its objectives with the overall principles and
objectives of the CFP. The Union shall actively participate in the works of
Regional Fisheries Management Organizations (RFMOs), as well as international
multilateral bodies (UN, FAO) in order to strengthen them and enhance their
performance in the management and conservation of international fish stocks.
The Union shall advocate best available science-based positions, contribution
to development of scientific knowledge, and cooperation to strengthen
compliance in the international context. 
Relations with third countries through
Sustainable Fisheries Agreements (SFAs) are another means to promote internationally
the CFP principles and objectives. SFAs shall contribute to the establishment
of a high quality governance framework in the partner country, be coherent with
development policy objectives, and focusing on a sustainable and transparent
management of resources, monitoring, surveillance and control. They shall
ensure that the exploitation of fishery resources takes place on the basis of
sound scientific advice only targeting surplus resources that the partner
country cannot or does not want to fish itself. Under SFAs, partner countries
shall be compensated for granting access to their fishing resources and
financial assistance shall be provided to the partner countries for the
implementation of their own sustainable fisheries policy. 
Aquaculture
The CFP should support the environmentally,
economically and socially sustainable development of the aquaculture industry.
Aquaculture contributes to food security and growth and jobs in coastal and
rural regions. Serious progress can be achieved when Member States develop on
the basis of Union strategic guidelines national strategic plans to facilitate
the sustainable development of aquaculture in relation to the business
security, access to waters and space, and administrative simplification of
licensing. There is a clear Union dimension in aquaculture development:
strategic choices made at national level can have a bearing on such development
in neighbouring Member States. It is essential that Member States have an
opportunity to know what other Member States are planning for future
aquaculture development.
The Commission considers that the specific
nature of aquaculture requires a focalized stakeholder consultation body, and
proposes to this effect the creation of an Advisory Council for Aquaculture. 
Common Market Organization 
The organization of the common markets
needs to contribute to the achievement of the objectives of the CFP, to enable
the industry to apply the CFP at the appropriate level, and to strengthen
competitiveness, particularly of producers. 
Control and Enforcement
Consistent with the new control regime as
adopted with Council Regulations No 1005/2008 and No 1224/2009[13] the proposal integrates the
basic elements for the Union control and enforcement regime for compliance with
the rules of the CFP. In light of the introduction in the part on conservation
of the landing obligation to avoid discards the Commission proposes monitoring
and control obligations in particular in relation to fully documented fishery,
as well as pilot projects on new fisheries control technologies that contribute
to sustainable fishing. 
Financial Instruments
To increase compliance the proposal
introduces conditions for Union financial assistance that may be granted to
contribute to the achievement of the CFP objectives. Financial assistance will
become conditional upon compliance with the rules, and this principle will
apply to both Member States and operators. For Member States non-compliance may
result in interruption, suspension or financial correction to the Union financial
assistance. For operators serious infringements may lead to banning of access
to financial assistance or financial reductions. In addition, the proposal
introduces the obligation for Member States, when granting financial
assistance, to take into account the behaviour (in particular the absence of
serious infringements) of operators in the recent past. 
Advisory Councils
The Commission
proposes to consolidate and where possible to extend the experience with the
Regional Advisory Councils under the CFP. Since some of them have no regional
character or limitation, the seven existing councils need to be renamed into
Advisory Councils, together with the creation of the Advisory Council for
Aquaculture. Considering the specificities of the Black Sea, an enclosed sea
basin shared with four states that are not members of the Union, and taking
into account the ongoing discussions with all non EU Black Sea countries in
order to advise on conservation policy and to boost co-operation between
Romania, Bulgaria and their sea-basin neighbours, the Commission intends to
establish an Advisory Council for the Black Sea by 2015.
Final Provisions
The final part establishes the areas for
delegation of powers to the Commission, its exercise, revocation and
objections, as well as the establishment of a Committee for Fisheries and
Aquaculture in relation with implementing acts. It also proposes to repeal
and/or
amend relevant existing legislation.
2011/0195 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
on the Common Fisheries Policy 
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the
European Commission[14],
After transmission of the draft legislative
act to the national Parliaments, 
Having regard to the opinion of the
European and Social Committee[15],
Having regard to the opinion of the
Committee of the Regions,
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)              
Council Regulation (EC) No 2371/2002[16] established a Community system
for the conservation and sustainable exploitation of fisheries resources under
the Common Fisheries Policy. 
(2)              
The scope of the Common Fisheries Policy extends
to conservation, management and exploitation of marine biological resources. In
addition, the Common Fisheries Policy's scope extends in relation to market
measures and financial measures in support of its objectives, to fresh water biological
resources and aquaculture, as well as to the processing and marketing of
fishery and aquaculture products, where such activities take place on the
territory of Member States, or in Union waters, including by fishing vessels
flying the flag of, and registered in, third countries, or by Union fishing
vessels, or by nationals of Member States, without prejudice to the primary
responsibility of the flag State, bearing in mind the provisions of Article 117
of the United Nations Convention on the Law of the Sea. 
(3)              
The Common Fisheries Policy should ensure that
fishing and aquaculture activities contribute to long-term sustainable
environmental, economic, and social conditions. It should contribute moreover
to increased productivity, a fair standard of living for the fisheries sector,
stable markets, ensure the availability of resources and that supplies reach
consumers at reasonable prices.
(4)              
The Union is a Contracting Party to the United
Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS)[17] and it has ratified the United
Nations Agreement for the Implementation of the Provisions of the United
Nations Convention on the Law of the Sea of 10 December 1982 relating to the
Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish
Stocks of 4 August 1995 (UN Fish Stocks Agreement)[18]. It has also accepted the
Agreement to Promote Compliance with International Conservation and Management
Measures by Fishing Vessels on the High Seas of 24 November 1993 of the Food
and Agriculture Organisation of the United Nations (FAO Compliance Agreement)[19]. These international
instruments predominantly foresee conservation obligations, including among
other things obligations to take conservation and management measures designed
to maintain or restore marine resources at levels which can produce the maximum
sustainable yield both within sea areas under national jurisdiction and on the
high seas, and to cooperate with other States to this end, obligations to apply
the precautionary approach widely to conservation, management and exploitation
of fish stocks, obligations to ensure compatibility of conservation and
management measures where marine resources occur in sea areas of different
jurisdictional status and obligations to have due regard to other legitimate
uses of the seas. The Common Fisheries Policy should contribute to the Union's
proper discharge of its international obligations under these international
instruments. Where Member States adopt conservation and management measures,
for which they have been empowered in the framework of the Common Fisheries
Policy, they should also act in a manner which is fully consistent with the
international conservation and cooperation obligations under the said
international instruments.
(5)              
At the World Summit on Sustainable Development
at Johannesburg in 2002, the Union and its Member States committed to act
against the continued decline of many fish stocks. Therefore, the Union should
improve its Common Fisheries Policy to ensure that as a matter of priority exploitation
levels of marine biological resources stocks are restored and maintained at levels
capable of producing maximum sustainable yields from the populations of
harvested stocks by 2015. Where less scientific information is available, this
may require applying proxies to maximum sustainable yield.
(6)              
Fisheries targets were laid down in the Decision
by the Conference of the Parties to the Convention on Biological Diversity on
the Strategic Plan for Biodiversity 2011 – 2020[20], the Common Fisheries Policy
should ensure coherence with the biodiversity targets adopted by the European
Council[21],
and the targets of Commission Communication "Our life insurance, our
natural capital: an EU Biodiversity Strategy to 2020"[22], in particular to achieve
maximum sustainable yield by 2015. 
(7)              
Sustainable exploitation of marine biological
resources should be based on the precautionary approach, which is to be derived
from the precautionary principle referred to in the first subparagraph of
Article 191(2) of the Treaty. 
(8)              
The Common Fisheries Policy should contribute to
the protection of the marine environment and in particular to the achievement
of good environmental status by 2020 the latest as set out in Article 1(1) of
Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008
establishing a framework for community action in the field of marine
environmental policy (Marine Strategy Framework Directive)[23]. 
(9)              
An ecosystem based approach to fisheries
management needs to be implemented, environmental impacts of fishing activities
should be limited and unwanted catches should be minimised and progressively
eliminated. 
(10)          
It is important that the management of the
Common Fisheries Policy is guided by principles of good governance. Those
principles include decision-making based on best available scientific advice,
broad stakeholder involvement and a long-term perspective. The successful
management of the Common Fisheries Policy also depends on a clear definition of
responsibilities at Union, national, regional and local levels and on the
mutual compatibility and consistency of the measures taken with other Union
policies. 
(11)          
The Common Fisheries Policy should pay full
regard, where relevant, to animal health, animal welfare, food and feed safety.

(12)          
Implementation of the Common Fisheries Policy
should take into account interactions with other maritime affairs as addressed
by the Integrated Maritime Policy[24],
recognizing that all matters related to Europe's oceans and seas are
interlinked, including maritime spatial planning. Coherence and integration
should be ensured in the management of different sectoral policies within the
Baltic Sea, North Sea, Celtic Seas, Bay of Biscay and the Iberian Coast,
Mediterranean and Black Sea sea basins. 
(13)          
Union fishing vessels should have equal access
to Union waters and resources subject to the rules of the CFP.
(14)          
Rules in place restricting access to resources
within the 12 nautical mile zones of Member States have operated satisfactorily
benefiting conservation by restricting fishing effort in the most sensitive
part of Union waters. Those rules have also preserved traditional fishing
activities on which the social and economic development of certain coastal
communities is highly dependent. Those rules should therefore continue to
apply.
(15)          
Marine biological resources around the Azores,
Madeira and the Canary Islands should continue to be especially protected since
they contribute to the preservation of the local economy of these islands,
having regard to the structural, social and economic situation of those
islands. The limitation of certain fishing activities in those waters to
fishing vessels registered in the ports of the Azores, Madeira and the Canary
Islands should therefore be maintained.
(16)          
The objective of sustainable exploitation of
marine biological resources is more effectively achieved through a multi-annual
approach to fisheries management, establishing as a priority multi-annual plans
reflecting the specificities of different fisheries. 
(17)          
Multi-annual plans should where possible cover
multiple stocks where those stocks are jointly exploited. The multiannual plans
should establish the basis for fixing fishing opportunities and quantifiable
targets for the sustainable exploitation of stocks and marine ecosystems
concerned, defining clear timeframes and safeguard mechanisms for unforeseen
developments. 
(18)          
Measures are needed to
reduce and eliminate the current high levels of unwanted catches and discards.
Indeed, unwanted catches and discards constitute a substantial waste and affect
negatively the sustainable exploitation of marine biological resources and
marine ecosystems as well as the financial viability of fisheries. An obligation to land all catches of managed stocks caught during
fishing activities in Union waters or by Union fishing vessels should be
established and gradually implemented. 
(19)          
Landings of unwanted catches should not result
in full economic advantages for the operator. For landings of catches of fish
under the minimum conservation reference size, the destination of such catches
should be limited and exclude sale for human consumption. 
(20)          
For the sake of conservation of stocks clear
objectives should be applied with respect to certain technical measures. 
(21)          
For stocks for which no multi-annual plan has
been established, exploitation rates delivering maximum sustainable yield
should be ensured by setting catch and/or fishing effort limits.
(22)          
In view of the precarious economic state of the
fishing industry and the dependence of certain coastal communities on fishing
activities, it is necessary to ensure the relative stability of fishing
activities by allocating fishing opportunities among Member States, based on a
predictable share of stocks for each Member State. 
(23)          
Such relative stability of fishing activities,
given the temporary biological situation of stocks, should safeguard the
particular needs of regions where local communities are especially dependent on
fisheries and related activities as decided by the Council in its Resolution of
3 November 1976, on certain external aspects of the creation of a 200-mile
fishing zone in the Community[25]
with effect from 1 January 1977, and in particular Annex VII thereto.
Therefore, it is in this sense that the concept of relative stability aimed at
should be understood.
(24)          
Member States should be in a position to present
substantiated requests to the Commission to draw up measures under the Common
Fisheries Policy for measures identified by Member States as necessary to
comply with obligations as regards Special Protection Areas pursuant to Article
4 of Council Directive 2009/147/EC of 30 November 2009 on the conservation
of wild birds[26],
Special Areas of Conservation pursuant to Article 6 of Council Directive
92/43/EEC of 21 May
1992 on the conservation of natural habitats and of wild fauna and flora[27] and marine protected areas pursuant to
Article 13(4) of Directive 2008/56/EC of the European Parliament and of the
Council of 17 June 2008 establishing a framework for community action in the
field of marine environmental policy (Marine Strategy Framework Directive)[28]. 
(25)          
The Commission should be able to adopt temporary
measures in the event of a serious threat, requiring immediate action, to the
conservation of marine biological resources or to the marine ecosystem
resulting from fishing activities. 
(26)          
Member States should be able to adopt
conservation measures and technical measures for the implementation of the
Common Fisheries Policy to allow for the policy to better address the realities
and specificities of individual fisheries and to increase the adherence to the
policy.
(27)          
In their 12 nautical mile zone, Member States
should be allowed to adopt conservation and management measures applicable to
all Union fishing vessels, provided that, where such measures apply to Union
fishing vessels from other Member States, the measures adopted are
non-discriminatory, prior consultation of other interested Member States has
taken place and that the Union has not adopted measures specifically addressing
conservation and management within that 12 nautical mile zone. 
(28)          
Member States should be allowed to adopt
conservation and management measures for stocks in Union waters applicable
solely to Union fishing vessels flying their flag. 
(29)          
A system of transferable fishing concessions for
the majority of managed stocks under the Common Fisheries Policy should be
implemented no later than 31 December 2013 for all vessels of 12 meters' length
or over and all other vessels fishing with towed gears. Member States may
exclude vessels up to 12 meters' length other than vessels using towed gear
from transferable fishing concessions. Such a system should contribute to
industry-induced fleet reductions and improved economic performance while at
the same time creating legally secure and exclusive transferable fishing concession
of a Member State's annual fishing opportunities. Since marine biological resources are a common good, transferable fishing concessions should only establish user
entitlements to a Member State's part of annual fishing opportunities which may
be recalled according to established rules. 
(30)          
Fishing concessions should be transferable and
leasable in order to decentralise management of fishing opportunities towards the
fishing industry and ensuring that fishers leaving the industry will not need
to rely on public financial assistance under the Common Fisheries Policy.
(31)          
Specific characteristics and socio-economic
vulnerability of some small-scale fleets justify the limitation of the
mandatory system of transferable fishing concessions to large vessels. The system of transferable fishing concessions
should apply to stocks for which fishing opportunities
are allocated.
(32)          
For Union fishing vessels not operating under a
system of transferable fishing concessions, specific measures may be taken to
align the number of Union fishing vessels with available resources. Such
measures should set compulsory maximum fleet capacity ceilings and establish
national entry/exit schemes in relation to decommissioning funding granted
under the European Fisheries Fund. 
(33)          
Member States should record the minimum information
on characteristics and activities of Union fishing vessels flying their flag.
Those records should be made available to the Commission for the purpose of
monitoring the size of Member States' fleets.
(34)          
Fisheries management based on the best available
scientific advice requires harmonised, reliable and accurate data sets.
Therefore Member states should collect data on fleets and their fishing
activities, in particular biological data on catches, including discards,
survey information on fish stocks and on the potential environmental impact of
fishing activities on the marine ecosystem. 
(35)          
Data collection should include data which
facilitate the economic assessment of undertakings active in the fisheries
sector, in aquaculture and in the processing of fisheries and aquaculture
products and of employment trends in these industries.
(36)          
Member States should manage and make available
to end-users of scientific-data the collected data, on the basis of a
multi-annual Union program. Member States should also cooperate with each other
to coordinate data collection activities. Where relevant, Member States should
also cooperate with third countries within the same sea basin regarding data collection.
(37)          
Policy-oriented fisheries science should be
reinforced by means of nationally-adopted fisheries scientific data collection,
research and innovation programs in coordination with other Member States as
well as by Union research and innovation framework tools.
(38)          
The Union should promote the objectives of the
Common Fisheries Policy internationally. To this end, the Union should strive
to improve the performance of regional and international organisations in
conservation and management of international fish stocks, by promoting
decision-making based on science and improved compliance, increased
transparency and stakeholder participation, and by combating illegal,
unreported and unregulated (IUU) fishing activities. 
(39)          
Sustainable fisheries agreements concluded with
third countries should ensure that Union fishing activities in third country
waters are based on the best available scientific advice, ensuring a
sustainable exploitation of the marine biological resources. Those agreements, which
provide for access rights in exchange for a financial contribution from the
Union, should contribute to the establishment of a high quality governance
framework to ensure in particular efficient monitoring, control and
surveillance measures.
(40)          
The introduction of a human rights clause in
sustainable fisheries agreements should be fully consistent with the overall
Union development policy objectives. 
(41)          
Respect for democratic principles and human
rights, as laid down in the Universal Declaration of Human Rights and other
relevant international human rights instruments, and for the principle of the
rule of law, should constitute an essential element of Sustainable Fisheries
Agreements and be subject to a specific human rights clause.
(42)          
Aquaculture should
contribute to the preservation of the food production potential on a
sustainable basis throughout the Union so as to guarantee long-term food
security for European citizens and to contribute to the growing world aquatic
food demand. 
(43)          
The Commission's Strategy for the Sustainable
Development of European Aquaculture[29]
adopted in 2009, which was welcomed and endorsed by the Council and welcomed by
the European Parliament, noted the need for the creation and promotion of a
level-playing field for aquaculture as the basis for its sustainable
development. 
(44)          
The Common Fisheries Policy should contribute to
Europe 2020 Strategy for smart, sustainable and inclusive growth, and help
achieve the objectives set out in that strategy[30]. 
(45)          
Aquaculture activities in the Union are
influenced by different conditions across national borders, including as
regards authorisations for the operators, Union strategic guidelines for
national strategic plans should be developed to improve
the competitiveness of the aquaculture industry, supporting its development and
innovation, and encouraging economic activity, diversification and improving the
quality of life in coastal and rural areas, as well as
mechanisms to exchange among Member States information and best practices
through an open method of coordination of national measures concerning business
security, access to Union waters and space, and administrative simplification
of licensing.
(46)          
The specific nature of aquaculture requires an
Advisory Council for stakeholder consultation on elements of Union policies
which could affect aquaculture.
(47)          
There is a need to strengthen the
competitiveness of the Union fishery and aquaculture sector, and a call for
simplification in support of better management of production and marketing
activities of the sector; the Common Market Organisation for fishery and
aquaculture products should ensure a level-playing field for all fishing and
aquaculture products marketed in the Union, should enable consumers to make
better informed choices and support responsible consumption, and should improve
the economic knowledge and understanding of the Union markets along the supply
chain. 
(48)          
The Common Market Organisation should be
implemented in compliance with international commitments of the Union, in
particular with regard to the provisions of the World Trade Organisation. The success of the common fisheries policy
requires an effective system of control, inspection and
enforcement, including the
fight against IUU fishing activities. A Union system
for control, inspection, and enforcement should be established so as to ensure
compliance with the Common Fisheries Policy's rules.
(49)          
The use of modern
technologies should be promoted in the framework of the Union system for control, inspection, and enforcement. Member States or the Commission should
have the possibility to conduct pilot projects on new control technologies and
data management systems.
(50)          
To ensure the involvement of concerned operators
in the Union system for control, inspection, and
enforcement, Member States should be able to require
the holders of a fishing licence of Union fishing
vessels of 12 meters length over all or more flying their flag to
contribute proportionally to the costs of that system. 
(51)          
The objectives of the Common Fisheries Policy
cannot be sufficiently achieved by Member States given the problems encountered
in the development of the fishing industry and its management, and the limits
on the financial resources of the Member States. Therefore, multiannual Union
financial assistance focused on the priorities of the Common Fisheries Policy
should be granted to contribute to the achievement of those objectives.
(52)          
Union financial assistance should be made
conditional upon compliance by Member States and operators with the Common
Fisheries Policy. Thus such financial assistance should be interrupted,
suspended or corrected in cases of non-compliance with the rules of Common
Fisheries Policy by Member States and serious infringements of those rules by
operators.
(53)          
Dialogue with stakeholders has proven essential
for the achievement of the objectives of the Common Fisheries Policy. Taking
into account the diverse conditions throughout Union waters and increased
regionalisation of the Common Fisheries Policy, Advisory Councils should enable
the Common Fisheries Policy to benefit from the knowledge
and experience of all stakeholders.
(54)          
It appears appropriate that
the Commission be empowered by delegated acts to create a new Advisory Council
and to modify areas of competence ot existing ones, in particular considering
the specificities of the Black Sea.
(55)          
To achieve the objectives of
the Common Fisheries Policy, the power to adopt acts in
accordance with Article 290 of the Treaty should be delegated to the Commission
for the purpose of specifying fishing related measures to alleviate the impact
of fishing activities in special areas of conservation, adaptation of the
obligation to land all catches for the purpose of complying with the Union's
international obligations, default conservation measures in the framework of
multiannual plans or technical measures, the recalculation of fleet capacity
ceilings, definition of information on characteristics and activity for Union
fishing vessels, rules for carrying out pilot projects on new control
technologies and data management systems, amendments to Annex III in relation
to the areas of competence for Advisory Councils and the compositioning and functioning
of Advisory Councils. 
(56)          
It is of particular importance that the
Commission carry out appropriate consultations during its preparatory work for
the adoption of delegated acts, including at expert level. 
(57)          
The Commission, when preparing and drawing-up
delegated acts, should ensure a simultaneous, timely and appropriate
transmission of relevant documents to the European Parliament and Council. 
(58)          
In order to ensure uniform conditions for the
implementation of technical operational requirements for the modalities for
transmission of information related to fishing fleet registers and to data
requirements for fisheries management, implementing powers should be conferred
on the Commission. Those powers should be exercised in accordance with Regulation
(EU) No 182/2011 of the European Parliament and of the Council of 16 February
2011 laying down the rules and general principles concerning mechanisms for
control by Member States of the Commission's exercise of implementing powers[31].
(59)          
To achieve the basic objective of the Common
Fisheries Policy, namely to provide long-term sustainable environmental,
economic and social conditions for the fishing and aquaculture sectors, and to
contribute to the availability of food supplies, it is necessary and appropriate
to lay down rules on the conservation and exploitation of marine biological
resources. 
(60)          
In accordance with the principle of
proportionality as set out in Article 5 of the Treaty on European Union, this
Regulation does not go beyond what is necessary to achieve that objective.
(61)          
Council Decision No 585/2004/EC of 19 July 2004
establishing Regional Advisory Councils under the Common Fisheries Policy[32] should be repealed upon entry
in force of the corresponding rules pursuant to this Regulation.
(62)          
Regulation (EC) 199/2008 of 25 February 2008
concerning the establishment of a Community framework for the collection,
management and use of data in the fisheries sector and support scientific
advice regarding the common fisheries policy[33]
should be repealed, but should continue to apply to the
national programmes adopted for the collection and management of data for the
years 2011 – 2013.
(63)          
By reason of the number and importance of the
amendments to be made, Council Regulation (EC) No 2371/2002 should be repealed,

HAVE ADOPTED THIS REGULATION:
PART I
GENERAL PROVISIONS
Article 1
Scope
1.                      
The Common Fisheries Policy shall cover:
(a)         
conservation, management and exploitation of
marine biological resources; and 
(b)         
fresh water biological resources, aquaculture,
and the processing and marketing of fisheries and aquaculture products, in
relation to measures on markets and financial measures in support of the Common
Fisheries Policy.
2.                      
The Common Fisheries Policy shall cover the
activities referred to in paragraph 1 where they are carried out:
(a)         
on the territory of Member States; or
(b)         
in Union waters, including by fishing vessels
flying the flag of, and registered in, third countries; or
(c)         
by Union fishing vessels outside Union waters; or
(d)         
by nationals of Member States, without prejudice
to the primary responsibility of the flag State.
Article 2
General Objectives 
1.                      
The Common Fisheries Policy shall ensure that
fishing and aquaculture activities provide long-term sustainable environmental,
economic and social conditions and contribute to the availability of food
supplies. 
2.                      
The Common Fisheries Policy shall apply the
precautionary approach to fisheries management, and shall aim to ensure, by
2015, that exploitation of living marine biological resources restores and
maintains populations of harvested species above levels which can produce the
maximum sustainable yield.
3.                      
The Common Fisheries Policy shall implement the
ecosystem-based approach to fisheries management to ensure that the impacts of
fishing activities on the marine ecosystem are limited. 
4.                      
The Common Fisheries Policy shall integrate the
Union environmental legislation requirements. 
Article 3
Specific objectives 
For the purpose of achieving the general
objectives set out in Article 2, the Common Fisheries Policy shall in
particular:
(a)         
eliminate unwanted catches of commercial stocks
and gradually ensure that all catches of such stocks are landed;
(b)         
provide conditions for efficient fishing
activities within an economically viable and competitive fishing industry; 
(c)         
promote the development of Union aquaculture
activities to contribute to food security and employment in coastal and rural
areas; 
(d)         
contribute to a fair standard of living for
those who depend on fishing activities;
(e)         
take into account the interests of consumers;
(f)           
ensure systematic and harmonised data collection
and management.
Article 4
Principles of good governance
The Common Fisheries Policy shall be guided
by the following principles of good governance: 
(a)         
clear definition of responsibilities at the
Union, national, regional and local levels;
(b)         
establishment of measures in accordance with the
best available scientific advice;
(c)         
a long-term perspective;
(d)         
broad involvement of stakeholders at all stages
from conception to implementation of the measures;
(e)         
the primary responsibility of the flag State;
(f)           
consistence with the integrated maritime policy,
and with other Union policies.
Article 5
Definitions
For the purpose of this Regulation the
following definitions shall apply: 
–                   
'Union waters' means the waters under the
sovereignty or jurisdiction of the Member States with the exception of the
waters adjacent to the territories listed in Annex II to the Treaty;
–                   
'marine biological resources' means available
and accessible living marine aquatic species, including anadromous and
catadromous species through all stages of their life cycle;
–                   
'fresh water biological resources' means
available and accessible living fresh water aquatic species;
–                   
'fishing vessel' means any vessel equipped for
commercial fishing of marine biological resources; 
–                   
'Union fishing vessel' means a fishing vessel
flying the flag of a Member State and registered in the Union;
–                   
'maximum sustainable yield' means the maximum
catch that may be taken from a fish stock indefinitely; 
–                   
'precautionary approach to fisheries management'
means an approach according to which the absence of adequate scientific
information should not justify postponing or failing to take management
measures to conserve target species, associated or dependent species and
non-target species and their environment;
–                   
'ecosystem-based approach to fisheries
management' means an approach ensuring that benefits
from living aquatic resources are high while the direct and indirect impacts of
fishing operations on marine ecosystems are low and not detrimental to the
future functioning, diversity and integrity of those ecosystems; 
–                   
'fishing mortality rate' means the catches of a
stock over a given period as a proportion of the average stock available to the
fishery in that period;
–                   
'stock' means a marine biological resource with
distinctive characteristics that occurs in a given management area;
–                   
'catch limit' means a quantitative limit on
landings of a fish stock or group of fish stocks over a given period;
–                   
'conservation reference point' means values of
fish stock population parameters (such as biomass or fishing mortality rate)
used in fisheries management, for example with respect to an acceptable level
of biological risk or a desired level of yield;
–                   
'safeguard' means a precautionary measure
designed to protect or prevent something undesirable occurring;
–                   
'technical measures' means the measures that
regulate the species composition, size composition of catches and impacts on
components of the ecosystems resulting from fishing activities through
conditioning the use and structure of fishing gear and restriction of access to
fishing areas;
–                   
'fishing opportunity' means a quantified legal
entitlement to fish, expressed in terms of catches and/or fishing effort and
conditions functionally linked thereto which are necessary to quantify them at
a certain level;
–                   
'fishing effort' means the product of the
capacity and the activity of a fishing vessel; for a group of fishing vessels
it is the sum of the fishing effort of all vessels in the group;
–                   
'transferable fishing concessions' means revocable user entitlements to a specific part of fishing
opportunities allocated to a Member State or established in management plans
adopted by a Member State in accordance with Article 19 of Regulation (EC) No
1967/2006[34],
which the holder may transfer to other eligible holders of such transferable fishing
concessions;
–                   
'individual fishing opportunities' means annual
fishing opportunities allocated to holders of transferable fishing concessions in
a Member State on the basis of the proportion of fishing opportunities pertaining
to that Member State;
–                   
'fishing capacity' means a vessel's tonnage in
GT (Gross Tonnage) and its power in kW (Kilowatt) as defined in Articles 4 and
5 of Council Regulation (EEC) No 2930/86[35];

–                   
'aquaculture' means the rearing or cultivation
of aquatic organisms using techniques designed to increase the production of
the organisms in question beyond the natural capacity of the environment, where
the organisms remain the property of a natural or legal person throughout the
rearing and culture stage, up to and including harvesting;
–                   
'fishing licence' means a licence as referred to
in Article 4(9) of Regulation (EC) No 1224/2009;
–                   
'fishing authorisation' means an authorisation
as referred to in Article 4(10) of Regulation (EC) No 1224/2009;
–                   
'fishing' means the collection or capture of
aquatic organisms living in their natural environment, or the intentional use
of any means allowing such collection or capture;
–                   
'fishery products' means the aquatic organisms
resulting from any fishing activity; 
–                   
'operator' means the natural or legal person who
operates or holds any enterprise carrying out any of the activities related to
any stage of production, processing, marketing, distribution and retail chains
of fisheries and aquaculture products; 
–                   
'serious infringement' means an infringement as
defined in Article 42(1) of Council Regulation (EC) No 1005/2008 and in Article
90(1) of Council Regulation (EC) No 1224/2009;
–                   
'end-user of scientific data' means a body with
a research or management interest in the scientific analysis of data in the
fisheries sector;
–                   
'surplus of allowable catch' means that part of
the allowable catch which a coastal State does not have the capacity to harvest;

–                   
'aquaculture products' mean the aquatic
organisms at any stage of their life cycle resulting from any aquaculture
activity;
–                   
'spawning stock biomass' means an estimate of
the mass of the fish of a particular resource that reproduces at a defined
time, including both males and females and including fish that reproduce
viviparously; 
–                   
'Mixed fisheries' means fisheries where more
than one species are present in the area being fished and are vulnerable to
being caught in the fishing gear.
–                   
'sustainable fisheries agreements' mean
international agreements concluded with another state for the purpose of
obtaining access to resources or waters in exchange for financial compensation
from the Union.
PART II
ACCESS TO WATERS 
Article 6 
General rules on access to waters
1.                      
Union fishing vessels shall have equal access to
waters and resources in all Union waters other than those referred to in
paragraphs 2 and 3, subject to the measures adopted under Part III. 
2.                      
In the waters up to 12 nautical miles from
baselines under their sovereignty or jurisdiction, Member States shall be
authorised from 1 January 2013 to 31 December 2022 to restrict fishing to
fishing vessels that traditionally fish in those waters from ports on the
adjacent coast, without prejudice to the arrangements for Union fishing vessels
flying the flag of other Member States under existing neighbourhood relations
between Member States and the arrangements contained in Annex I, fixing for
each Member State the geographical zones within the coastal bands of other
Member States where fishing activities are pursued and the species concerned.
Member States shall inform the Commission of the restrictions put in place
under this paragraph. 
3.                      
In the waters up to 100 nautical miles from the
baselines of the Azores, Madeira and the Canary Islands, the Member States
concerned may from 1 January 2013 to 31 December 2022 restrict fishing to
vessels registered in the ports of those islands. Such restrictions shall not
apply to Union vessels that traditionally fish in those waters, in so far as
those vessels do not exceed the fishing effort traditionally exerted. Member
States shall inform the Commission of the restrictions put in place under this
paragraph. 
4.                      
The provisions which will follow arrangements
set out in paragraphs 2 and 3 shall be adopted by 31 December 2022. 
PART III
MEASURES FOR THE CONSERVATION OF MARINE BIOLOGICAL RESOURCES 
TITLE I
 TYPES OF MEASURES
Article 7 
Types of conservation
measures 
Measures for the conservation of marine
biological resources may include the following: 
(a)         
adopting multiannual plans under Articles 9 - 11;

(b)         
establishing targets for the sustainable exploitation
of stocks;
(c)         
adopting measures for the purpose of adapting
the number of fishing vessels and/or types of fishing vessels to available
fishing opportunities; 
(d)         
establishing incentives, including those of an
economic nature, to promote more selective or low impact fishing;
(e)         
fixing fishing opportunities; 
(f)           
adopting technical measures as referred to in
Article 14;
(g)         
adopting measures concerning the obligation to
land all catches;
(h)         
conducting pilot projects on alternative types
of fishing management techniques. 
Article 8 
Types of technical
measures 
Technical measures may include the
following:
(a)         
mesh sizes and rules concerning the use of
fishing gears;
(b)         
 restrictions on the construction of fishing
gear, including 
i) modifications or additional devices to improve
selectivity or to reduce impact on the benthic zone; 
ii) modifications or additional devices to
reduce the incidental capture of endangered, threatened and protected species;
(c)         
prohibitions of the use of certain fishing gears
in certain areas or seasons;
(d)         
prohibition or restriction of fishing activities
in certain zones and/or periods; 
(e)         
requirements for fishing vessels to cease
operating in an area for a defined minimum period in order to protect a
temporary aggregation of a vulnerable marine resource;
(f)         
specific measures to reduce the impact of
fishing activities on marine eco-systems and non target species; 
(g)         
other technical measures aimed at protecting
marine biodiversity.
TITLE II
 UNION MEASURES
Article 9
Multiannual plans 
1.                      
Multiannual plans providing for conservation
measures to maintain or restore fish stocks above levels capable of producing
maximum sustainable yield shall be established as a priority. 
2.                      
Multiannual plans shall provide for: 
(a)         
the basis for fixing fishing opportunities for
the fish stocks concerned on the basis of predefined conservation reference
points; and
(b)         
measures capable of effectively preventing
conservation reference points from being transgressed. 
3.                      
Multiannual plans shall, where possible, cover
either fisheries exploiting single fish stocks or fisheries exploiting a
mixture of stocks, taking due account of interactions between stocks and
fisheries. 
4.                      
Multiannual plans shall be based on the
precautionary approach to fisheries management and shall take into account the
limitations of the available data and assessment methods and all quantified
sources of uncertainty in a scientifically valid manner. 
Article 10
Objectives of
multiannual plans 
1.                      
Multiannual plans shall provide for adaptations
of the fishing mortality rate, resulting in a fishing mortality rate that
restores and maintains all stocks above levels capable of producing maximum
sustainable yield by 2015. 
2.                      
In cases where the determination of a fishing
mortality rate that restores and maintains stocks above levels capable of producing
maximum sustainable yield is not possible, multiannual plans shall provide for
precautionary measures ensuring a comparable degree of conservation of the
relevant stocks. 
Article 11
Content of multiannual plans 
A multiannual plan shall include: 
(a)         
the scope, in terms of stocks, fishery and the
marine ecosystem to which the multiannual plan shall be applied;
(b)         
objectives consistent with the objectives set
out in Articles 2 and 3;
(c)         
quantifiable targets expressed in terms of:
i) fishing mortality rates, and/or 
ii) spawning stock biomass, and
ii) stability of catches.
(d)         
clear time frames to reach the quantifiable
targets;
(e)         
technical measures including measures concerning
the elimination of unwanted catches;
(f)           
quantifiable indicators for periodic monitoring
and assessment of the progress related to achieving the targets of the
multiannual plan; 
(g)         
specific measures and objectives for the
freshwater part of the life cycle of anadromous and catadromous species; 
(h)         
minimisation of impacts of fishing on the
eco-system; 
(i)           
safeguards and criteria activating those
safeguards;
(j)           
any other measures suitable to achieve the
objectives of multiannual plans. 
Article 12 
Compliance with obligations under Union environmental legislation 
1.           In special areas of
conservation within the meaning of Article 6 of Directive 92/43/EEC, of Article
4 of Directive 2009/147/EC and of Article 13(4) of Directive 2008/56/EC,
fishing activities shall be conducted by Member States in such a way so as to
alleviate the impact from fishing activities in such special areas of
conservation. 
2.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 55, to specify
fishing related measures to alleviate the impact of fishing activities in
special areas of conservation. 
Article 13 
Commission measures in case of a serious threat to marine biological resources 
1.                      
On the basis of evidence of a serious threat to
the conservation of marine biological resources, or to the marine eco-system
and requiring immediate action, the Commission, upon a reasoned request of a
Member State or on its own initiative, may decide on temporary measures to
alleviate the threat.
2.                      
The Member State shall communicate the reasoned
request referred to in paragraph 1 simultaneously to the Commission, to the
other Member States and to the Advisory Councils concerned. 
Article 14
 Technical measures frameworks
Technical measures frameworks to ensure the
protection of marine biological resources and the reduction of the impact of
fishing activities on fish stocks and on marine eco-systems shall be
established. Technical measures frameworks shall:
(a)         
contribute to maintaining or restoring fish
stocks above levels capable of producing maximum sustainable yield through
improvements in size-selection and where appropriate species selection; 
(b)         
reduce catches of undersized individuals from
fish stocks;
(c)         
reduce catches of unwanted marine organisms;   
(d)         
mitigate the impact of fishing gear on the
ecosystem and the environment, with particular regard to the protection of
biologically sensitive stocks and habitats.
Article 15 
Obligation to land all catches
1.                      
All catches of the following fish stocks subject
to catch limits caught during fishing activities in Union waters or by Union
fishing vessels outside Union waters shall be brought and retained on board the
fishing vessels and recorded and landed, except when used as live bait, , in accordance with the following timeframe:
(a)         
At the latest from 1 January 2014:
–     
mackerel, herring, horse mackerel, blue whiting,
boarfish, anchovy, argentine, sardinella, capelin;
–     
bluefin tuna, swordfish, albacore tuna, bigeye
tuna, other billfish.
(b)         
At the latest from 1
January 2015: cod, hake, sole;
(c)         
At the latest from 1 January 2016: haddock,
whiting, megrim, anglerfish, plaice, ling, saithe, pollack, lemon sole, turbot,
brill, blue ling, black scabbard, roundnose grenadier, orange roughy, Greenland
halibut, tusk, redfish and Mediterranean demersal stocks. 
2.                      
Minimum conservation reference sizes based on
the best available scientific advice shall be established for the fish stocks
set out in paragraph 1. The sale of catches of such fish stocks below the
minimum conservation reference size shall be restricted for reduction to fish
meal or pet food only.
3.                      
Marketing standards for catches of fish caught
in excess of fixed fishing opportunities shall be established in accordance
with Article 27 of [the Regulation on the common organisation of the markets in
fishery and aquaculture products].
4.                      
Member States shall ensure that Union fishing
vessels flying their flag are equipped to ensure full documentation of all
fishing and processing activities for the purpose of monitoring compliance with
the obligation to land all catches.
5.                      
Paragraph 1 shall be without prejudice to international obligations.
6.                      
The Commission shall be empowered to adopt
delegated acts in accordance with Article 55 to specify the measures set out in
paragraph 1 for the purpose of complying with the Union's international
obligations.
Article 16 
Fishing opportunities
1.                      
Fishing opportunities allocated to Member States
shall ensure each Member State relative stability of fishing activities for
each fish stock or fishery. The interests of each Member State shall be taken
into account when new fishing opportunities are allocated. 
2.                      
By-catch fishing opportunities may be reserved
under the total fishing opportunities.
3.                      
Fishing opportunities shall comply with quantifiable
targets, time frames and margins established in accordance with Article 9(2)
and 11(b), (c) and (h).
4.                      
Member States may, after notifying the
Commission, exchange all or part of the fishing opportunities allocated to
them. 
TITLE III 
REGIONALISATION
CHAPTER I
MULTIANNUAL PLANS
Article 17 
Conservation measures
adopted in accordance with multiannual plans
1.                      
In a multiannual plan established pursuant to
Articles 9, 10 and 11 Member States may be authorised to adopt measures, in
accordance with that multiannual plan,which specify the conservation measures applicable
to vessels flying their flagin relation to stocks in Union waters for which
they have been allocated fishing opportunities. 
2.                      
Member States shall ensure that conservation
measures adopted pursuant to paragraph 1:
(a)         
are compatible with the objectives set out in
Articles 2 and 3; 
(b)         
are compatible with the
scope and objectives of the multiannual plan;
(c)         
meet the objectives and quantifiable targets set
out in a multiannual plan effectively; and 
(d)         
are no less stringent than those existing in
Union legislation.
Article 18
Notification of Member
State conservation measures

Member States adopting conservation
measures pursuant to Article 17(1) shall notify the Commission, other
interested Member States and relevant Advisory Councils of such measures. 
Article 19 
Assessment 
The Commission may at any time assess the
compatibility and effectiveness of conservation measures adopted by Member
States pursuant to Article 17(1).
Article 20 
Default conservation
measures adopted in the framework of multiannual plans 
1.                      
The Commission shall be empowered to adopt
delegated acts in accordance with Article 55 to specify the conservation measures
for fisheries covered by a multiannual plan, if the Member States authorised to
take measures in accordance with Article 17 do not notify such measures to the
Commission within three months after the date of entry into force of the
multiannual plan. 
2.                      
The Commission shall be empowered to adopt
delegated acts in accordance with Article 55 to specify conservation measures
for fisheries covered by a multiannual plan, if 
(a)     Member State
measures are deemed not to be
compatible with the objectives of a multiannual plan on
the basis of an assessment carried out pursuant to Article 19 or 
(b)     Member State measures are deemed not to meet the objectives and
quantifiable targets set out in multiannual plans effectively, on the basis of an assessment carried out pursuant to Article 19, or
(c)     safeguards established in accordance
with Article 11(i) are triggered. 
3.                      
The conservation measures adopted by the
Commission shall aim at ensuring that the objectives and targets set out in the
multiannual plan are met. Upon the adoption of the
delegated act by the Commission, the Member State
measures shall cease to be effective.
CHAPTER II
TECHNICAL MEASURES
Article 21
Technical measures
In a technical measures framework established
pursuant to Article 14 Member States may be authorised to adopt measures, in
accordance with that framework, which specify the technical measures applicable
to vessels flying their flag in relation to stocks in their waters for which
they have been allocated fishing opportunities. Member States shall ensure that
such technical measures:
(a)                   
are compatible with the objectives set out in
Articles 2 and 3;
(b)                   
are compatible with the objectives set out in
measures adopted in accordance with Article 14;
(c)                   
meet the objectives set out in measures adopted
in accordance with Article 14 effectively; and
(d)                   
are no less stringent than those existing in
Union legislation. 
Article 22
Notification of Member
State technical measures

Member States adopting technical measures
pursuant to Article 21 shall notify the Commission, other interested Member
States and relevant Advisory Councils of such measures. 
Article 23
Assessment 
The Commission may at any time assess the
compatibility and effectiveness of technical measures adopted by Member States
pursuant to Article 21.
Article 24 
Default measures adopted under
a technical measures' framework
1.                      
The Commission shall be empowered to adopt
delegated acts in accordance with Article 55 to specify the technical measures covered
by a technical measures framework, if the Member States authorised to take
measures in accordance with Article 21 do not notify such measures to the
Commission within three months after the date of entry into force of the
technical measures framework. 
2.                      
The Commission shall be empowered to adopt
delegated acts in accordance with Article 55 to specify technical measures, if
Member State measures are deemed on the basis of an
assessment carried out pursuant to Article 23:
(b)     not to be
compatible with the objectives set out in a technical
measures framework or
(b)     not to meet
the objectives set out in such a technical measures framework effectively. 
3.                      
The technical measures adopted by the Commission
shall aim at ensuring that the objectives of the technical measures framework
are met. Upon the adoption of the delegated act by the
Commission, the Member State measures shall cease to be
effective.
TITLE IV
 NATIONAL MEASURES
Article 25 
Member States'
measures applicable solely to fishing vessels flying their flag
A Member State may adopt measures for the
conservation of fish stocks in Union waters provided that those measures:
(a)         
apply solely to fishing vessels flying the flag
of that Member State or, in the case of fishing activities which are not
conducted by a fishing vessel, to persons established in the territory;
(b)         
are compatible with the objectives set out in
Articles 2 and 3; and 
(c)         
are no less stringent than those in existing
Union legislation. 
Article 26 
Member State measures
within the 12 nautical mile zone
1.                      
A Member State may take non-discriminatory
measures for the conservation and management of fish stocks and to minimise the
effect of fishing on the conservation of marine eco-systems within 12 nautical
miles of its baselines provided that the Union has not adopted measures
addressing conservation and management specifically for that area. The Member
State measures shall be compatible with the objectives set out in Articles 2
and 3 and no less stringent than those in existing Union legislation.
2.                      
Where conservation and management measures to be
adopted by a Member State are liable to affect fishing vessels of other Member
States, such measures shall be adopted only after consulting the Commission,
the relevant Member States and relevant Advisory Councils on a draft of the
measures accompanied by an explanatory memorandum.

PART IV 
ACCESS TO RESOURCES
Article 27
Establishment of systems
of transferable fishing concessions
1.                      
Each Member State shall establish a system of
transferable fishing concessions no later than 31 December 2013 for
(a)         
all fishing vessels of 12 meters length over all
or more; and 
(b)         
all fishing vessels under 12 meters length
overall fishing with towed gear. 
2.                      
Member States may extend the system of
transferable fishing concessions to fishing vessels of less than 12 meters
length overall and deploying other types of gear than towed gear and shall
inform the Commission thereof.
Article 28
Allocation of transferable
fishing concessions
1.                      
A transferable fishing concession shall establish
an entitlement to use the individual fishing opportunities allocated in accordance
with Article 29(1). 
2.                      
Each Member State shall allocate transferable fishing
concessions on the basis of transparent criteria, for each stock or group of
stocks for which fishing opportunities are allocated in accordance with Article
16, excluding fishing opportunities obtained under sustainable fisheries
agreements.
3.                      
For the allocation of transferable fishing
concessions pertaining to mixed fisheries, Member States shall take account of
the likely catch composition of vessels participating in such fisheries. 
4.                      
Transferable fishing concessions may only be
allocated by a Member State to an owner of a fishing vessel flying the flag of
that Member State, or to legal or natural persons for the purpose of being used
on such a vessel. Transferable fishing concessions may be pooled together for
collective management by legal or natural persons or recognized producer
organisations. Member States may limit eligibility for receiving transferable fishing
concessions on the basis of transparent and objective criteria. 
5.                      
Member States may limit the period of validity
of transferable fishing concessions to a period of at least 15 years, for the
purpose of reallocating such concessions. Where Member States have not limited
the period of validity of the transferable fishing concessions, they may recall
such concessions with a notice of at least 15 years. 
6.                      
Member States may recall transferable fishing
concessions with a shorter notice in the event of an established serious
infringement committed by the holder of the concessions. Such recalls shall be
operated in a manner which gives full effect to the Common Fisheries Policy,
the proportionality principle and, whenever necessary, with immediate effect.
7.                      
Notwithstanding paragraph 5 and 6, Member States
may recall transferable fishing concessions that have not been used on a
fishing vessel for a period of three consecutive years.
Article 29
Allocation of individual
fishing opportunities 
1.                      
Member States shall allocate individual fishing
opportunities to holders of transferable fishing concessions, as referred to in
Article 28, on the basis of fishing opportunities allocated to the Member
States, or established in management plans adopted by Member States in
accordance with Article 19 of Regulation (EC) No
1967/2006.
2.                      
Member States shall determine fishing
opportunities that, based on the best available scientific advice, can be
allocated to fishing vessels flying their flag for species for which the
Council has not fixed fishing opportunities.
3.                      
Fishing vessels shall undertake fishing activities
only when in possession of sufficient individual fishing opportunities to cover
all their potential catch. 
4.                      
Member States may reserve up to 5% of fishing
opportunities. They shall establish objectives and transparent criteria for the
allocation of such reserved fishing opportunities. Those fishing opportunities
may only be allocated to eligible holders of transferable fishing concessions
as set out in Article 28(4). 
5.                      
When allocating transferable fishing concessions
in accordance with Article 28 and when allocating fishing opportunities in
accordance with paragraph 1 of this Article, a Member State may provide
incentives to fishing vessels deploying selective fishing gear that eliminates
unwanted by-catch within the fishing opportunities assigned to that Member
State.
6.                      
Member States may set fees for the use of
individual fishing opportunities to contribute to fisheries management-related
costs.
Article 30
Register of transferable fishing
concessions and individual fishing opportunities
Member States shall establish and maintain
a register of transferable fishing concessions and individual fishing
opportunities.
Article 31
Transfer of transferable fishing
concessions
1.                      
Transferable fishing concessions may be fully or
partially transferred within a Member State among eligible holders of such concessions.
2.                      
A Member State may authorise transfer of
transferable fishing concessions to and from other Member States.
3.                      
Member States may regulate the transfer of
transferable fishing concessions by providing for conditions for their transfer
on the basis of transparent and objective criteria. 
Article 32
Leasing of individual
fishing opportunities
1.                      
Individual fishing opportunities may be fully or
partially leased within a Member State.
2.                      
A Member State may authorise the leasing of
individual fishing opportunities to and from other Member States. 
Article 33 
Allocation of fishing
opportunities not subject to a system of transferable fishing concessions
1.                      
Each Member State shall decide how fishing
opportunities assigned to it in accordance with Article 16, and which are not
subject to a system of transferable fishing concessions, may be allocated to
vessels flying its flag. It shall inform the Commission of the allocation
method. 
PART V
MANAGEMENT OF FISHING CAPACITY

Article 34
Adjustment of
fishing capacity
1.                      
Member States shall put in place measures to
adjust the fishing capacity of their fleets in order to achieve an effective
balance between such fishing capacity and their fishing opportunities.
2.                      
No exit from the fleet supported by public aid
granted under the framework of the European Fisheries Fund for the 2007-2013
programming period shall be permitted unless preceded by the withdrawal of the
fishing licence and the fishing authorisations.
3.                      
The fishing capacity corresponding to the
fishing vessels withdrawn with public aid shall not be replaced. 
4.                      
Member States shall ensure that from 1 January
2013 the fishing capacity of their fleet does not exceed at any time the
fishing capacity ceilings established in accordance with Article 35. 
Article 35 
Management of
fishing capacity
1.                      
Each Member State fleet shall be subject to
fishing capacity ceilings as set out in Annex II. 
2.                      
Member States may request the Commission to
exclude fishing vessels subject to a system of transferable fishing concessions
established in accordance with Article 27 from the fishing capacity ceilings
established in accordance with paragraph 1. In that case the fishing capacity
ceilings shall be re-calculated to take into account the fishing vessels which
are not subject to a system of transferable fishing concessions.
3.                      
The Commission shall be empowered to adopt
delegated acts in accordance with Article 55 concerning the re-calculation of the
fishing capacity ceilings as referred to in paragraphs 1 and 2.
Article 36
Fishing fleet registers
1.                      
Member States shall record the information on
characteristics and activity for Union fishing vessels flying their flag that
is necessary for the management of measures established under this Regulation.
2.                      
Member States shall make available to the
Commission the information referred to in paragraph 1.
3.                      
The Commission shall set up a Union fishing
fleet register containing the information that it receives pursuant paragraph
2.
4.                      
The information contained in the Union fishing
fleet register shall be made available to all Member States. The Commission
shall be empowered to adopt delegated acts in accordance with Article 55
concerning the definition of the information referred to in paragraph 1.
5.                      
The Commission shall establish technical
operational requirements for the modalities for transmission of the information
referred to in paragraphs 2, 3 and 4. Those implementing acts shall be adopted
in accordance with the examination procedure referred to in Article 56.
PART VI
SCIENCE BASE FOR FISHERIES MANAGEMENT
Article 37
Data requirements for fisheries management
1.                      
Member States shall collect biological,
technical, environmental and socio-economic data necessary for ecosystem based
fisheries management, manage them and make them available to end users of scientific
data, including bodies designated by the Commission. Those data shall in
particular enable the assessment of:
(a)         
the state of exploited marine biological
resources, 
(b)         
the level of fishing and the impact that fishing
activities have on the marine biological resources and on the marine
eco-systems, and
(c)         
the socio-economic performance of the fisheries,
aquaculture and processing sectors within and outside Union waters. 
2.                      
Member States shall: 
(d)         
ensure that the collected data are accurate and
reliable; 
(e)         
avoid duplication of data collection for
different purposes; 
(f)           
ensure safe storage of collected data and where
applicable appropriate protection and confidentiality of collected data;
(g)         
ensure that the Commission, or bodies designated
by it, have access to the national databases and systems used for processing
the collected data for the purpose of verification of the existence and quality
of the data.
3.                      
Member States shall ensure the national
coordination of the collection and management of scientific data for fisheries
management. To this end, they shall designate a national correspondent and
organize an annual national coordination meeting. The Commission shall be
informed of the national coordination activities and be invited to the
coordination meetings. 
4.                      
Member States shall coordinate their data
collection activities with other Member States in the same region, and make
every effort to coordinate their actions with third countries having
sovereignty or jurisdiction over waters in the same region. 
5.                      
The collection, management and use of data shall
be done in the framework of a multi-annual programme as of 2014. Such a
multi-annual programme shall include targets for the precision of the data to
be collected, and aggregation levels for the collection, management and use of
such data. 
6.                      
The Commission shall be empowered to adopt
delegated acts in accordance with Article 55, to specify the targets for the
precision of the data to be collected and to define the aggregation levels for
the collection, management and use of such data, for the multi-annual programme
referred to in paragraph 5. 
7.                      
The Commission shall establish technical
operational requirements for the modalities of transmission of the data
collected. Those implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 56. 
Article 38 
Research programs 
1.                      
Member States shall adopt national fisheries
scientific data collection, research and innovation programs. They shall
coordinate their fisheries data collection, research and innovation activities
with other Member States and Union research and innovation frameworks. 
2.                      
Member States shall ensure availability of
relevant competences and human resources to be involved in the scientific
advisory process.
PART VII 
EXTERNAL POLICY

TITLE I
INTERNATIONAL FISHERIES ORGANISATIONS

Article 39
Objectives 
1.                      
The Union shall participate in the activities of
international organisations dealing with fisheries, including regional
fisheries management organisations (RFMOs) in line with international
obligations and policy objectives and consistent with the objectives set out in
Articles 2 and 3. 
2.                      
The positions of the Union in international
organisations dealing with fisheries and RFMOs shall be based on the best
available scientific advice to ensure that fishery resources are maintained
above or restored above levels capable of producing maximum sustainable yield.
3.                      
The Union shall actively contribute to and
support the development of scientific knowledge and advice in RFMOs and
international organisations.
Article 40
Compliance with
international provisions 
The Union shall cooperate with third
countries and international organisations dealing with fisheries, including
RFMOs, to strengthen compliance with measures adopted by such international organisations.

TITLE II 
SUSTAINABLE FISHERIES AGREEMENTS
Article 41 
Principles and objectives
of Sustainable Fisheries Agreements 
1.                      
Sustainable Fisheries Agreements with third
countries shall establish a legal, economic and environmental governance
framework for fishing activities carried out by Union fishing vessels in third
country waters.
2.                      
Union fishing vessels shall only catch surplus
of the allowable catch determined by the third country as referred to in
Article 62(2) of the United Nations Convention on the Law of the Sea, and
identified on the basis of the best available scientific advice and relevant
information exchanged between the Union and the third country concerned about
the total fishing effort on the affected stocks, in order to ensure that fishery
resources remain above levels capable of producing maximum sustainable yield. 
Article 42 
Financial assistance 
1.           The Union shall provide
financial assistance to third countries through sustainable Fisheries
Agreements in order to: 
(a)                   
support part of the cost of access to the
fisheries resources in third country waters;
(b)                   
establish the governance framework, including
the development and maintenance of the necessary scientific and research
institutions, monitoring, control and surveillance capability and other
capacity building items pertaining to the development of a sustainable
fisheries policy driven by the third country. Such financial assistance shall
be conditioned upon the achievement of specific results.
PART VIII
AQUACULTURE 
Article 43
Promoting aquaculture 
1.                      
With a view to promoting sustainability and contributing
to food security, growth and employment, non-binding Union strategic guidelines
on common priorities and targets for the development of aquaculture activities
shall be established by the Commission by 2013. Such strategic guidelines shall
take account of the relative starting positions and different circumstances
throughout the Union, shall form the basis for multiannual national strategic
plans and shall aim at:
(a)         
improving the competitiveness of the aquaculture
industry and supporting its development and innovation;
(b)         
encouraging economic activity;
(c)         
diversification and improvement of the quality
of life in coastal and rural areas;
(d)         
a level-playing field for aquaculture operators
in relation to access to waters and space.
2.                      
Member States shall establish a multiannual
national strategic plan for the development of aquaculture activities on their
territory by 2014.
3.                      
The multiannual national strategic plan shall
include the Member State's objectives and the measures to achieve them.
4.                      
Multiannual national strategic plans shall aim
in particular at the following:
(a)         
administrative simplification, in particular
regarding licenses; 
(b)         
certainty for aquaculture operators in relation
to access to waters and space;
(c)         
indicators for environmental, economic and
social sustainability;
(d)         
assessment of other possible cross-bordering
effects on neighbouring Member States. 
5.                      
Member States shall exchange information and
best practices through an open method of coordination of the national measures
contained in multiannual strategic plans. 
Article 44
Consultation of
Advisory Councils
An Advisory Council on aquaculture shall be
established in accordance with Article 53. 
PART IX
 COMMON MARKET ORGANISATION
Article 45
Objectives
1.                      
A common organisation of the markets in fishery
and aquaculture products shall be established to:
(a)         
contribute to the achievement of the objectives
laid down in Articles 2 and 3;
(b)         
enable the fishery and aquaculture industry to
apply the Common Fisheries Policy at the appropriate level;
(c)         
strengthen the competitiveness of the Union fishery
and aquaculture industry, in particular producers;
(d)         
improve the transparency of the markets, in
particular as regards economic knowledge and understanding of the Union markets
for fishery and aquaculture products along the supply chain and consumer
awareness;
(e)         
contribute to ensuring a level playing field for
all products marketed in the Union by promoting sustainable exploitation of
fisheries resources.
2.                      
The common organisation of the markets shall
apply to the fishery and aquaculture products listed in Annex I to [the
Regulation on the common organisation of the markets in fishery and aquaculture
products], which are marketed in the Union. 
3.                      
The common organisation of the markets shall comprise
in particular:
(a)         
organisation of the industry including market stabilization measures;
(b)         
common marketing standards.
PART X
CONTROL AND ENFORCEMENT
Article 46
Objectives

1.                      
Compliance with the rules of the Common
Fisheries Policy shall be ensured through an effective Union fisheries control
system, including the fight against illegal, unreported
and unregulated (IUU) fishing.
2.                      
The Union fisheries control system shall in
particular be based on: 
(a)         
a global and integrated approach; 
(b)         
the use of modern control technologies for the
availability and quality of data on fisheries; 
(c)         
a risk-based strategy focused on systematic and
automated cross-checks of all available relevant data;
(d)         
the development of a culture of compliance among
operators;
(e)         
the establishment of effective, proportionate
and dissuasive sanctions.
Article 47
Pilot projects on new
control technologies and data management systems
1.                      
The Commission and the Member States may carry
out pilot projects on new control technologies and systems for data management.
2.                      
The Commission shall be empowered to adopt
delegated acts in accordance with Article 55 concerning rules for carrying out pilot
projects on new control technologies and data management systems. 
Article 48
Contribution to control,
inspection and enforcement costs
Member States may require holders of a fishing licence
for fishing vessels of 12 meters length overall or more flying their flag to
contribute proportionally to the costs of implementing the Union fisheries control system.
PART XI
FINANCIAL INSTRUMENTS
Article 49
Objectives
Union financial assistance may be granted to contribute to the achievement of the objectives set out in
Articles 2 and 3. 
Article 50
Conditions for financial
assistance towards Member States

1.                      
Union financial
assistance towards Member States shall be conditional upon compliance with the rules of the Common Fisheries Policy by
Member States. 
2.                      
Non compliance by Member States with the rules of
the Common Fisheries Policy may result in the
interruption or suspension of payments or in the application of a financial
correction to Union financial assistance under the Common Fisheries Policy. Such measures shall be proportionate to the nature, extent, duration
and repetition of the non compliance.
Article 51
Conditions for financial
assistance towards operators

1.                      
Union financial
assistance towards operators shall be conditional upon compliance with the rules of the Common Fisheries Policy by
operators. 
2.                      
Serious infringements by operators of the rules
of the Common Fisheries Policy shall result in temporary or permanent bans on
access to the Union financial assistance and/or the application of financial
reductions. Such measures shall be proportionate to the nature, extent,
duration and repetition of serious infringements.
3.                      
Member States shall ensure that Union financial assistance is granted only if no
sanctions for serious infringements have been imposed to the concerned operator
within a period of 1 year prior to the date of application for Union financial
assistance.
PART XII
ADVISORY COUNCILS 
Article 52
 Advisory Councils 
1.                      
Advisory Councils are established for each of
the areas of competence set out in Annex III, to promote a balanced
representation of all stakeholders and to contribute to the achievement of the
objectives set out in Articles 2 and 3. 
2.                      
The Commission shall be empowered to adopt
delegated acts in accordance with Article 55 concerning amendments to that
Annex to change the areas of competence, to create new areas of competence for
Advisory Councils or to create new Advisory Councils. 
3.                      
Each Advisory Council shall establish its rules
of procedure. 
Article 53 
Tasks of Advisory Councils 
1.                      
Advisory Councils may: 
(a)         
submit recommendations and suggestions on
matters relating to fisheries management and aquaculture to the Commission or
to the Member State concerned;
(b)         
inform the Commission and Member States of
problems relating to fisheries management and aquaculture in their area of
competence;
(c)         
contribute, in close cooperation with
scientists, to the collection, supply and analysis of data necessary for the
development of conservation measures. 
2.                      
The Commission and, where relevant, the Member
State concerned, shall reply within a reasonable time period to any
recommendation, suggestion or information received pursuant to paragraph 1. 
Article 54
Composition, functioning
and funding of Advisory Councils
1.                      
Advisory Councils shall be composed of
organizations representing the fisheries operators and other interest groups
affected by the Common Fisheries Policy.
2.                      
Each Advisory Council shall consist of a general
assembly and an executive committee and shall adopt the measures necessary for
its organization and to ensure transparency and the respect of all opinions
expressed. 
3.                      
Advisory Councils may apply for Union financial
assistance as bodies pursuing an aim of general European interest. 
4.                      
The Commission shall be empowered to adopt
delegated acts in accordance with Article 55 concerning the composition and the
functioning of Advisory Councils.
PART XIII
PROCEDURAL PROVISIONS
Article 55
Exercise of delegation
1.                      
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
12(2), 15(6), 20(1) and (2), 24(1) and (2), 35(3), 36(4), 37(6), 47(2), 52(2),
54(4) shall be conferred for an indeterminate period of time from 1 January
2013. 
3.                      
The delegation of power referred to in Articles
12(2), 15(6), 20(1) and (2), 24(1) and (2), 35(3), 36(4), 37(6), 47(2), 52(2),
54(4) may be revoked at any time by the European Parliament or by the Council.
A decision of revocation shall put an end to the delegation of the powers
specified in that decision. It shall take effect the day following the
publication of the decision in the Official Journal
of the European Union or at a later date specified
therein. It shall not affect the validity of any delegated acts already in
force. 
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 12(3),
15(4), 20(1) and (2), 24(1) and (2), 35(3), 36(4), 37(7), 47(2), 52(2), 54(4) shall
enter into force only if no objection has been expressed either by the European
Parliament or the Council within a period of 2 months of notification of that
act to the European Parliament and the Council or if, before the expiry of that
period, the European Parliament and the Council have both informed the
Commission that they will not object. That period shall be extended by 2 months
at the initiative of the European Parliament or the Council. 
Article 56
Implementation
In the implementation of the rules of the
Common Fisheries Policy, the Commission shall be assisted by a Committee for
fisheries and aquaculture. That committee shall be a committee within the
meaning of Regulation (EU) No 182/2011.Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 
Part XIV
FINAL PROVISIONS
Article 57
Repeals
1.                      
Regulation (EC) No 2371/2002 is repealed. 
References to the repealed Regulation shall be
construed as references to this Regulation. 
2.                      
Decision (EC) No 2004/585 is hereby repealed
with effect from the entry into force of the rules adopted under Articles 51(4)
and 52(4).
3.                      
Article 5 of Regulation (EC) No 1954/2003 shall
be deleted. 
4.                      
Regulation (EC) No 199/2008 is repealed. 
5.                      
Regulation (EC) No 639/2004 is repealed. 
Article 58
Transitional measures
Notwithstanding Article 57(4), Regulation
(EC) No 199/2008 shall continue to apply to the national programmes adopted for
the collection and management of data for the years 2011 - 2013. 
Article 59
Entry into force
This Regulation shall enter into force on
the day following that of its publication in the Official Journal of the
European Union.
It shall apply from 1 January 2013. 
This Regulation shall be binding
in its entirety and directly applicable in all Member States.
Done at Brussels,
For the European Parliament                       For
the Council
The
President                                                 The President
ANNEX I
ACCESS TO COASTAL WATERS WITHIN
THE MEANING OF ARTICLE 6(2)
1. COASTAL WATERS OF THE UNITED
KINGDOM 
A. ACCESS
FOR FRANCE 
 Geographical area || Species || Importance or particular characteristics 
 United Kingdom coast (6 to 12 nautical miles) 
 1. Berwick-upon-Tweed east Coquet Island east || Herring || Unlimited 
 2. Flamborough Head east Spurn Head east || Herring || Unlimited 
 3. Lowestoft east Lyme Regis south || All species || Unlimited 
 4. Lyme Regis south Eddystone south || Demersal || Unlimited 
 5. Eddystone south Longships south-west         || Demersal Scallops Lobster Crawfish || Unlimited Unlimited Unlimited Unlimited 
 6. Longships south-west Hartland Point north-west     || Demersal Crawfish Lobster   || Unlimited Unlimited Unlimited 
 7. Hartland Point to a line from the north of Lundy Island || Demersal || Unlimited 
 8. From a line due west Lundy Island to Cardigan Harbour || All species || Unlimited 
 9. Point Lynas North Morecambe Light Vessel east || All species || Unlimited 
 10. County Down || Demersal || Unlimited 
 11. New Island north-east Sanda Island south-west || All species || Unlimited 
 12. Port Stewart north Barra Head west || All species || Unlimited 
 13. Latitude 57°40'N Butt of Lewis west || All species Except shellfish || Unlimited 
 14. St Kilda, Flannan Islands || All species || Unlimited 
 15. West of the line joining Butt of Lewis lighthouse to the point 59°30'N-5°45'W || All species || Unlimited 
B. ACCESS FOR IRELAND 
 Geographical area || Species || Importance or particular characteristics || 
 || United Kingdom coast (6 to 12 nautical miles) 
 || 1. Point Lynas north Mull of Galloway south || Demersal Nephrops || Unlimited Unlimited 
 || 2. Mull of Oa west Barra Head west || Demersal Nephrops || Unlimited Unlimited 
C. ACCESS FOR GERMANY 
 Geographical area || Species || Importance or particular charactristics 
 || United Kingdom coast (6 to 12 nautical miles) 
 || 1. East of Shetlands and Fair Isle between lines drawn due south-east from Sumbrugh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse || Herring || Unlimited 
 || 2. Berwick-upon-Tweed east, Whitby High lighthouse east || Herring || Unlimited 
 || 3. North Foreland lighthouse east, Dungeness new lighthouse south || Herring || Unlimited 
 || 4. Zone around St Kilda || Herring Mackerel || Unlimited Unlimited 
 || 5. Butt of Lewis lighthouse west to the line joining Butt of Lewis lighthouse and the point 59°30'N-5°45'W || Herring || Unlimited 
 || 6. Zone around North Rona and Sulisker (Sulasgeir) || Herring || Unlimited 
D. ACCESS FOR THE NETHERLANDS 
 Geographical area || Species || Importance or particular characteristics 
 United Kingdom coast (6 to nautical 12 miles) 
 1. East of Shetlands and Fair Isle between lines drawn due south-east from Sumburgh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse || Herring || Unlimited 
 2. Berwick upon Tweed east, Flamborough Head east || Herring || Unlimited 
 3. North Foreland east, Dungeness new lighthouse south || Herring || Unlimited 
E. ACCESS FOR BELGIUM 
 Geographical area || Species || Importance or particular characteristics 
 United Kingdom coast (6 to nautical 12 miles) 
 1. Berwick upon Tweed east Coquer Island east || Herring || Unlimited 
 2. Cromer north North Foreland east || Demersal || Unlimited 
 3. North Foreland east Dungeness new lighthouse south || Demersal Herring || Unlimited Unlimited 
 4. Dungeness new lighthouse south, Selsey Bill south || Demersal || Unlimited 
 5. Straight Point south-east, South Bishop north-west || Demersal || Unlimited 
2. COASTAL WATERS OF IRELAND

A. ACCESS FOR FRANCE 
 Geographical area || Species || Importance or particular characteristics 
 || Irish coast (6 to 12 nautical miles) 
 1. Erris Head north-west Sybil Point west || Demersal Nephrops || Unlimited Unlimited 
 2. Mizen Head south Stags south || Demersal Nephrops Mackerel || Unlimited Unlimited Unlimited 
 3. Stags south Cork south || Demersal Nephrops Mackerel Herring || Unlimited Unlimited Unlimited Unlimited 
 4. Cork south, Carnsore Point south || All species || Unlimited 
 5. Carnsore Point south, Haulbowline south-east || All species, except shellfish || Unlimited 
B. ACCESS FOR THE UNITED KINGDOM

 Geographical area || Species || Importance or particular characteristics 
 Irish coast (6 to 12 miles) 
 1. Mine Head south Hook Point || Demersal Herring Mackerel || Unlimited Unlimited Unlimited 
 2. Hook Point Carlingford Lough || Demersal Herring Mackerel Nephrops Scallops || Unlimited Unlimited Unlimited Unlimited Unlimited 
C. ACCESS FOR THE NETHERLANDS

 Geographical area || Species || Importance or particular characteristics 
 Irish coast (6 to 12 miles) 
 1. Stags south Carnsore Point south || Herring Mackerel || Unlimited Unlimited 
D. ACCESS FOR GERMANY 
 Geographical area || Species || Importance or particular characteristics 
 Irish coast (6 to 12 nautical miles) 
 1. Old Head of Kinsale south Carnsore Point south || Herring || Unlimited 
 2. Cork south Carnsore Point south || Mackerel || Unlimited 
E. ACCESS FOR BELGIUM 
 Geographical area || Species || Importance or particular characteristics 
 Irish coast (6 to 12 nautical miles) 
 1. Cork south Carnsore Point south || Demersal || Unlimited 
 2. Wicklow Head east Carlingford Lough south-east || Demersal || Unlimited 
3. COASTAL WATERS OF BELGIUM

 Geographical area || Member State || Species || Importance or particular characteristics 
 3 to 12 nautical miles || Netherlands || All species || Unlimited 
   || France || Herring || Unlimited 
4. COASTAL WATERS OF DENMARK

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

 Geographical area || Member State || Species || Importance or particular characteristics 
 North Sea coast (3 to 12 nautical miles) all coasts || Denmark || Demersal || Unlimited || 
 ||   || Sprat || Unlimited 
 || Sand-eel || Unlimited 
 Netherlands || Demersal || Unlimited 
 || Shrimps and prawns || Unlimited 
 Danish/German frontier to the northern tip of Amrum at 54°43′N || Denmark || Shrimps and prawns || Unlimited || 
 Zone around Helgoland || United Kingdom || Cod || Unlimited || 
 ||   || Plaice || Unlimited 
 Baltic coast (3 to 12 miles) || Denmark || Cod || Unlimited || 
 ||   || Plaice || Unlimited 
 || Herring || Unlimited 
 || Sprat || Unlimited 
 || Eel || Unlimited 
 || Whiting || Unlimited 
 || Mackerel || Unlimited 
6. COASTAL WATERS OF FRANCE AND
THE OVERSEAS DEPARTMENTS 
 Geographical area || Member State || Species || Importance or particular characteristics || 
 North-east Atlantic coast (6 to 12 nautical miles) || 
 Belgian/French frontier to east of Departement Manche (Vire-Grandcamp les Bains estuary 49° 23' 30" N-1° 2 'WNNE) || Belgium || Demersal || Unlimited || 
 ||   || Scallops || Unlimited 
 || Netherlands || All species || Unlimited 
 Dunkerque (2° 20' E) to Cap d'Antifer (0° 10' E) || Germany || Herring || Unlimited only during October to December || 
 Belgian/French frontier to Cap d'Alprech west (50° 42 30" N — 1° 33' 30" E) || United Kingdom || Herring || Unlimited || 
 Atlantic Coast (6 to 12 nautical miles) || 
 Spanish/French frontier to 46° 08′ N || Spain || Anchovies || Directed fishing, unlimited only from 1 March to 30 June || 
 ||   || Fishing for live bait from 1 July to 31 October only. 
 || Sardines || Unlimited only from 1 January to 28 February and from 1 July to 31 December, 
 || In addition, activities relating to the abovementioned species must be pursued in accordance with and within the limits of the activities pursued during 1 984 
 Mediterranean coast (6 to 12 nautical miles) || 
 Spanish frontier Cap Leucate || Spain || All species || Unlimited || 
7. COASTAL WATERS OF SPAIN 
 Geographical area || Member State || Species || Importance or particular characteristics 
 Atlantic coast (6 to 12 nautical miles) 
 French/Spanish frontier to Cap Mayor lighthouse (3° 47' W) || France || Pelagic || Unlimited in accordance with and within the limits of the activities pursued during 1984 
 Mediterranean coast (6 to 12 nautical miles) 
 French frontier/Cap Creus || France || All species || Unlimited 
8. COASTAL WATERS OF THE
NETHERLANDS 
 Geographical area || Member State || Species || Importance or particular characteristics 
 (3 to 12 nautical miles) whole coast || Belgium     || All species     || Unlimited 
   || Denmark || Demersal Sprat Sandeel Horse mackerel || Unlimited Unlimited Unlimited Unlimited 
   || Germany || Cod Shrimps and prawns || Unlimited Unlimited 
 (6 to 12 nautical miles) whole coast || France || All species || Unlimited 
 Texel south point, west to the Netherlands/German frontier || United Kingdom || Demersal || Unlimited 
9. COASTAL WATERS OF FINLAND

 Geographical area || Member State || Species || Importance or particular characteristics 
 Baltic Sea (4 to 12 miles) (*) || Sweden || All species || Unlimited 
 (*) 3 to 12 miles around Bogskär Isles. 
10. COASTAL WATERS OF SWEDEN 
 Geographical area || Member State || Species || Importance or particular characteristics 
 Skagerrak (4 to 12 nautical miles) || Denmark || All species || Unlimited 
 Kattegat (3 (*) to 12 miles) || Denmark || All species || Unlimited 
 Baltic Sea (4 to 12 miles) || Denmark || All species || Unlimited 
   || Finland || All species || Unlimited 
 (*) Measured from the coastline ||   ||   ||   
ANNEX II 
FISHING CAPACITY CEILINGS
 Capacity ceilings (based on the situation on 31 December 2010) ||   ||   
 Member State || GT || kW 
 Belgium || 18.911 || 51.585 
 Bulgaria || 8.448 || 67.607 
 Denmark || 88.528 || 313.341 
 Germany || 71.114 || 167.089 
 Estonia || 22.057 || 53.770 
 Ireland || 77.254 || 210.083 
 Greece || 91.245 || 514.198 
 Spain (including outermost regions) || 446.309 || 1.021.154 
 France (including outermost regions) || 219.215 || 1.194.360 
 Italy || 192.963 || 1.158.837 
 Cyprus || 11.193 || 48.508 
 Latvia || 49.067 || 65.196 
 Lithuania || 73.489 || 73.516 
 Malta || 15.055 || 96.912 
 Netherlands || 166.384 || 350.736 
 Poland || 38.376 || 92.745 
 Portugal (including outermost regions) || 115.305 || 388.054 
 Romania || 1.885 || 6.716 
 Slovenia || 1.057 || 10.974 
 Finland || 18.187 || 182.385 
 Sweden || 42.612 || 210.744 
 United Kingdom || 235.570 || 924.739 
   ||   ||   
 Outermost regions of the EU || GT || kW 
 Spain 
 Canary Islands: L< 12 m. EU waters || 2.649 || 21.219 
 Canary Islands: L > 12 m. EU waters || 3.059 || 10.364 
 Canary Islands: L > 12 m. International and third country waters || 28.823 || 45.593 
 France 
 Reunion Island: Demersal and pelagic species. L < 12 m || 1.050 || 19.320 
 Reunion Island: Pelagic species. L > 12 m || 10.002 || 31.465 
 French Guyana: Demersal and pelagic species. Length < 12 m || 903 || 11.644 
 French Guyana: Shrimp vessels || 7.560 || 19.726 
 French Guyana: Pelagic species. Offshore vessels. || 3.500 || 5.000 
 Martinique: Demersal and pelagic species. L < 12 m || 5.409 || 142.116 
 Martinique: Pelagic species. L > 12 m || 1.046 || 3.294 
 Guadeloupe: Demersal and pelagic species. L < 12 m || 6.188 || 162.590 
 Guadeloupe: Pelagic species. L > 12 m || 500 || 1.750 
 Portugal 
 Madeira: Demersal species. L < 12 m || 617 || 4.134 
 Madeira: Demersal and pelagic species. L > 12 m || 4.114 || 12.734 
 Madeira: Pelagic species. Seine. L > 12 m || 181 || 777 
 Azores: Demersal species. L < 12 m || 2.626 || 29.895 
 Azores: Demersal and pelagic species. L > 12 m || 12.979 || 25.721 
 L means length overall ||   ||   
ANNEX III 
ADVISORY COUNCILS
 Name of the Advisory Council || Area of competence 
 Baltic Sea || ICES[36] zones IIIb, IIIc and IIId 
 Mediterranean Sea || Maritime Waters of the Mediterranean of the East of line 5°36' West 
 North Sea || ICES zones IV and IIIa 
 North Western waters || ICES zones V (excluding Va and only Union waters of Vb), VI and VII 
 South Western waters || ICES zones VIII, IX and X (waters around Azores), and CECAF[37] zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands) 
 Pelagic stocks (blue whiting, mackerel, horse mackerel, herring) || All areas competence (excluding the Baltic Sea, the Mediterranean Sea and Aquaculture) 
 High seas/long distance fleet || All non Union-waters 
 Aquaculture || Aquaculture, as defined in Article 5 
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS
1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE 
              1.1.    Title of the proposal/initiative 
              1.2.    Policy
area(s) concerned in the ABM/ABB structure
              1.3.    Nature
of the proposal/initiative 
              1.4.    Objective(s)

              1.5.    Grounds
for the proposal/initiative 
              1.6.    Duration
and financial impact 
              1.7.    Management
method(s) envisaged 
2.           MANAGEMENT MEASURES 
              2.1.    Monitoring
and reporting rules 
              2.2.    Management
and control system 
              2.3.    Measures
to prevent fraud and irregularities 
3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE 
              3.1.    Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected 
              3.2.    Estimated
impact on expenditure 
              3.2.1. Summary of estimated impact on expenditure 
              3.2.2. Estimated
impact on operational appropriations 
              3.2.3. Estimated
impact on appropriations of an administrative nature
              3.2.4. Compatibility
with the current multiannual financial framework
              3.2.5. Third-party
participation in financing 
              3.3.    Estimated impact on revenue
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS
1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE 
1.1.        Title of the
proposal/initiative 
Proposal for a Regulation of the European Parliament and of the
Council on the Common Fisheries Policy
1.2.        Policy area(s) concerned
in the ABM/ABB structure[38] 
Policy Area 11: Maritime Affairs and Fisheries
1.3.        Nature of the
proposal/initiative 
¨The proposal/initiative relates to a new
action 
¨ The
proposal/initiative relates to a new action following a pilot
project/preparatory action[39]

¨ The
proposal/initiative relates to the extension of an existing action 
ý The
proposal/initiative relates to an action redirected towards a new action 
1.4.        Objectives
1.4.1.     The Commission's
multiannual strategic objective(s) targeted by the proposal/initiative 
Resource efficient Europe
1.4.2.     Specific objective(s) and
ABM/ABB activity(ies) concerned 
Specific objectives
To contribute to the objectives laid down in Article 39 TFEU. 
1. To improve stakeholders involvement
2. Ensure the availability of scientific advice
3. Modernise and strengthen control across the Union
4. Audit the control and inspection activities in Member States
5. Contribute to better coordination to Member States' control
activities by means of the Community Fisheries Control Agency
ABM/ABB activity(ies) concerned
Activity ABB 11 04 01, 11 07 02, 11 08 01, 11 08 02, 11 08 05
1.4.3.     Expected result(s) and
impact
Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted.
Sustainability is at the heart of the proposed reform of the CFP,
with the objective that by 2015 fish stocks must be exploited at the level of
maximum sustainable yield. Sustainable fisheries leading to increases in
catches and profit margins will free the catching sector from depending on
public support, and would also make it easier to achieve stable prices under
transparent conditions, brining also benefits to the consumers. 
1.4.4.     Indicators of results and
impact 
Specify the
indicators for monitoring implementation of the proposal/initiative.
Environmental impacts: stocks at Fmsy, reduction of overcapacity and
progress in implementing transferable fishing shares. 
Economic impacts: income of actors in the catching sector, GVA,
revenue/break even revenue and net profit margin.
Social impacts: Employment (FTE) and crew wage per FTE.
1.5.        Grounds for the
proposal/initiative 
1.5.1.     Requirement(s) to be met in
the short or long term 
The CFP shall achieve environmental, economic and social
sustainability as regards the exploitation of fisheries resources. These objectives
are legally equally important and none of them can be achieved in isolation.
However, the Impact Assessment carried out in relation to the reform of the CFP
confirmed that without more marked improvements in stock status, economic and
social sustainability will remain limited. 
1.5.2.     Added value of Union involvement
According to Article 3(d) TFEU, the Union shall have exclusive
competence in the conservation of marine biological resources. According to
Article 4(2)(d) the Union and MS have shared competence for the rest of the
CFP. The added value of Union involvement is related to the fact that the CFP
concerns the exploitation of a common pool of resources. 
1.5.3.     Lessons learned from
similar experiences in the past
The Green Paper on the reform of the Common Fisheries Policy[40] concluded that the CFP is not
achieving its key objectives: fish stocks are overfished, the economic
situation of parts of the fleet is fragile despite high levels of subsidies,
jobs in the fishing sector are unattractive and the situation of many coastal
communities depending on fisheries is precarious. The outcome of the wide
consultation process that followed the Green Paper confirmed this analysis[41]. 
The main problem of the current CFP is the lack of environmental
sustainability due to overfishing. All other problems contribute to this. Fleet
overcapacity, deviation from scientific advice when setting total allowable
catches, and the lack of prioritisation of objectives are the main drivers for
overfishing. Secondly the poor economic sustainability of the catching sector
is a problem. Many fleets are unprofitable and vulnerable to external shocks
such as increases in fuel prices. Thirdly a lack of social sustainability
affects the catching sector and areas depending on fishing. 
1.5.4.     Coherence and possible
synergy with other relevant instruments
The objective of achieving exploitation of fish stocks at the level
of maximum sustainable yield established in the UN Convention on the Law of the
Sea and was adopted at the 2002 World Summit on Sustainable Development as a
target to reach by 2015, where possible. This objective will allow the reformed
CFP to better to achieving Good Environmental Status in the marine environment
in line with the Marine Strategy Framework Directive[42]. 
1.6.        Duration and financial
impact 
¨ Proposal/initiative of limited
duration 
–     
¨  Proposal/initiative in effect from 
–     
¨  Financial impact from YYYY to YYYY 
ý Proposal/initiative of unlimited
duration
–     
Implementation with a start-up period from YYYY
to YYYY,
–     
Followed by full-scale operation.
1.7.        Management mode(s) envisaged[43] 
ý Centralised direct management by the Commission 
¨ Centralised indirect management with the delegation of implementation tasks to:
–     
¨  executive agencies 
–     
¨  bodies set up by the Communities[44]

–     
¨  national public-sector bodies/bodies with public-service mission 
–     
¨  persons entrusted with the implementation of specific actions
pursuant to Title V of the Treaty on European Union and identified in the
relevant basic act within the meaning of Article 49 of the Financial Regulation

ý Shared management with the Member States

¨ Decentralised management with third countries 
¨ Joint management with international organisations (to be specified)
If more than one
management mode is indicated, please provide details in the
"Comments" section.
2.           MANAGEMENT MEASURES 
2.1.        Monitoring and reporting
rules 
Specify frequency
and conditions.
2.2.        Management and control
system 
2.2.1.     Risk(s) identified 
2.2.2.     Control method(s) envisaged

2.3.        Measures to prevent fraud
and irregularities 
Specify existing or
envisaged prevention and protection measures.
3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE 
3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected 
·      Existing expenditure budget lines 
In order of
multiannual financial framework headings and budget lines.
 Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution 
 Number [Description………………………...……….] || Diff./non-diff ([45]) || from EFTA[46] countries || from candidate countries[47] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
 2 || 11 04 01 Closer dialogue with the fishing industry and those affected by the common fisheries policy || Diff || No || No || No || No 
 2 || 11 07 02 Support for the management of fishery resources (improvement of scientific advice || Diff || No || No || No || No 
 2 || 11 08 01 Financial contribution to the Member States for expenses in the field of control || Diff || No || No || No || No 
 2 || 11 08 02 Inspection and surveillance of fishing activities in Union waters and elsewhere || Diff || No || No || No || No 
 2 || 11.08.05.01. Community Fisheries Control Agency (CFCA) Contribution to Titles.1 and.2 || Diff || No || No || No || No 
 2 || 11.08.05.02. Community Fisheries Control Agency (CFCA) Contribution to Title.3 || Diff || No || No || No || No 
·      New budget lines requested 
In order of multiannual financial framework
headings and budget lines.
 Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution 
 Number [Heading……………………………………..] || Diff./non-diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
   || [XX.YY.YY.YY]   ||   || YES/NO || YES/NO || YES/NO || YES/NO 
3.2.        Estimated impact on
expenditure 
3.2.1.     Summary of estimated impact
on expenditure 
EUR million (to 3 decimal places)
 Heading of multiannual financial framework: || 2 || Preservation and management of natural resources 
 DG: MARE ||   ||   || 2013[48] || Year N+1 || Year N+2 || Year N+3 || Year N+4 || Year N+5 || Year N+6 || Year N+7 || Year N+8 || Year N+9 || TOTAL 
  Operational appropriations ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 11 04 01 || Commitments || (1) || 6.400 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || (2) || 5.950 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 11 07 02 || Commitments || (1a) || 4.500 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || (2a) || 3.500 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 11 08 01  || Commitments || (1a) || 47.430 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || (2a) || 25.200 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 11 08 02  || Commitments || (1a) || 2.300 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || (2a) || 2.300 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 11.08.05.01 || Commitments || (1a) || 7.413 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || (2a) || 7.413 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 11.08.05.02 || Commitments || (1a) || 1.711 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || (2a) || 2.711 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Appropriations of an administrative nature financed from the envelope for specific programmes[49] ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   ||   || (3) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations for DG MARE || Commitments || =1+1a +3 || 69.754 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || =2+2a +3 || 47.074 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
  TOTAL operational appropriations || Commitments || (4) || 69.754 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || (5) || 47.074 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
  TOTAL appropriations of an administrative nature financed from the envelope for specific programmes || (6) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations under HEADING 2 of the multiannual financial framework || Commitments || =4+ 6 || 69.754 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || =5+ 6 || 47.074 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
If more than one heading is affected by the proposal /
initiative:
  TOTAL operational appropriations || Commitments || (4) || 69.754 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || (5) || 47.074 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
  TOTAL appropriations of an administrative nature financed from the envelope for specific programmes || (6) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount) || Commitments || =4+ 6 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || =5+ 6 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Heading of multiannual financial framework: || 5 || " Administrative expenditure " 
EUR million (to 3 decimal places)
   ||   ||   || 2013 || Year N+1 || Year N+2 || Year N+3 || Year N+4 || Year N+5 || Year N+6 || Year N+7 || Year N+8 || Year N+9 || TOTAL 
 DG: || 
  Human resources || 9.404 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
  Other administrative expenditure 11 01 02 11 || 0.210 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL DG || Appropriations || 9.614 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 9.614 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
EUR million (to 3 decimal places)
   ||   ||   || Year 2013[50] || Year N+1 || Year N+2 || Year N+3 || Year N+4 || Year N+5 || Year N+6 || Year N+7 || Year N+8 || Year N+9 || TOTAL 
 TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 79.368 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || 56.688 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
3.2.2.     Estimated impact on
operational appropriations 
–     
¨  The proposal/initiative does not require the use of operational
appropriations 
–     
ý  The proposal/initiative requires the use of operational
appropriations, as explained below:
Commitment appropriations in EUR million (to 3 decimal
places)
 Indicate objectives and outputs   ò ||   ||   || 2013 || Year N+1 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL 
 OUTPUTS 
 Type of output[51] || Average cost of the ouput || Number of ouputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost 
 SPECIFIC OBJECTIVE No 1[52]… || To improve stakeholders involvement 
 Fully operational RACs || No. || 0.280 || 8 || 2.240 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 New web sections and up-date of contents on DG MARE websites. || No. || 0.040 || 5 || 0.200 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Production and distribution of the magazine "Fisheries and Aquaculture in Europe" in 23 languages (5 issues per year). || No. || 0.114 || 5 || 0.580 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Production and distribution of qualitative information materials for the media, the general public and stakeholders, including audiovisual material .Communication campaign on priority issues such as the CFP reform. || No. || 0.310 || 6 || 1.860 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Production and distribution of multilingual publications. || No. || 0.025 || 20 || 0.500 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Participation of DG MARE in fairs. || No. || 0.200 || 1 || 0.200 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Organisation of European Maritime Day in May of each year. || No. || 0.400 || 1 || 0.400 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Conferences and seminars on CFP and IMP regarding e.g. the CFP reform. || No. || 0.050 || 4 || 0.200 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Others (promotional material, logo, storage and diffusion by the Publication Office). || No. || 0.110 || 2 || 0.220 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Sub-total for specific objective N°1 ||   || 6.400 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 SPECIFIC OBJECTIVE No 2… || Ensure the availability of scientific advice 
 Support for the implementation of the data collection framework, notably by coordinating and organising the activities of STECF, maintaining relevant websites and support the establishment of the report on the "Annual Economic Performance of Union fishing fleet" in the framework of an Administrative Arrangement between the Commission and the JRC. || Administrative arrangements || 1.400 || 1 || 1.400 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Provision of recurrent advice on the stock status managed through TACs and Quotas Regulation and provision of non recurrent advice such as evaluation of multi-annual plans or harvest control rules in the framework of a Memorandum of Understanding between the Commission and ICES. || Memorandum || 1.500 || 1 || 1.500 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Provision of advice on fisheries stocks in relation to biological, technical, economic and ecosystem issues by experts in the framework of meetings of STECF and its subgroups. || No. meetings || 0.024 || 25 || 0.6 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Scientific advice and other services for the implementation of the common fisheries policy in the Mediterranean. ||   || 1.0 || 2 || 1.0 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Sub-total for specific objective N°2 ||   || 4.500 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 SPECIFIC OBJECTIVE No 3… || Modernise and strengthen control across the Union 
 IT systems and data analysis. ||   ||   || N/A || 10.000 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Traceability tools & devices to measure engine power. ||   ||   || 1600 || 8.000 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Pilot projects (incl. CCTV from 2011 on). ||   ||   || N/A || 2.000 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Automatic localisation devices Vessel Monitoring Systems /Automatic Identification Systems (VMS/IAS). ||   ||   || 3000 || 3.800 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Electronic logbooks aboard vessels. ||   ||   || 3300 || 7.400 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Fisheries Monitoring Centre (FMC) upgrades. ||   ||   || 22 || 11.400 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Investment in control equipment (i.a. patrol vessels and aircraft). ||   ||   || N/A || 3.700 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Training courses and exchange programmes for control staff. ||   ||   || 30 || 0.600 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Seminars aimed to raise awareness of the need to implement the CFP rules. ||   ||   || 5 || 0.530 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Sub-total for specific objective N°3 ||   || 47.430 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 SPECIFIC OBJECTIVE No 4… || Audit the control and inspection activities in Member States 
 Monitoring of control activities by Member States -Missions controlling the application of CFP rules - Equipment of inspectors ||   ||   || 250 || 0.800 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Facilitate the implementation of the CFP rules - Meetings of the Fisheries Control Experts group devoted to the issues relating to fisheries control - Studies ||   ||   || 30 || 0.400 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 IT hardware, software and support for control (data, cross-checking of data, maintenance, data base access, etc) ||   ||   || N/A || 1.100 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Sub-total for specific objective N°4 ||   || 2.300 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 SPECIFIC OBJECTIVE No 5… || Contribute to better coordination to Member States' control activities by means of the Community Fisheries Control Agency 
 Staff in active employment ||   ||   || N/A || 5.634 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Other staff-related expenditure ||   ||   || N/A || 0.440 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Administrative expenditure ||   ||   || N/A || 1.320 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Capacity building ||   ||   || N/A || 0.720 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Operational coordination (includes Joint Deployment Plans) ||   ||   || N/A || 1.010 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Sub-total for specific objective N°5 ||   || 9.124 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL COST ||   || 69.754 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
3.2.3.     Estimated impact on
appropriations of an administrative nature
3.2.3.1.  Summary 
–     
¨ The proposal/initiative does not require the use of administrative
appropriations 
–     
ý  The proposal/initiative requires the use of administrative
appropriations, as explained below:
EUR million (to 3
decimal places)
   || 2013 [53] || Year N+1 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL 
 HEADING 5 of the multiannual financial framework ||   ||   ||   ||   ||   ||   ||   ||   
 Human resources || 9.404 ||   ||   ||   ||   ||   ||   ||   
 Other administrative expenditure || 0.210 ||   ||   ||   ||   ||   ||   ||   
 Subtotal HEADING 5 of the multiannual financial framework || 9.614 ||   ||   ||   ||   ||   ||   ||   
 Outside HEADING 5[54] of the multiannual financial framework ||   ||   ||   ||   ||   ||   ||   ||   
 Human resources ||   ||   ||   ||   ||   ||   ||   ||   
 Other expenditure of an administrative nature ||   ||   ||   ||   ||   ||   ||   ||   
 Subtotal outside HEADING 5 of the multiannual financial framework ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL || 9.614 ||   ||   ||   ||   ||   ||   ||   
3.2.3.2.  Estimated requirements of
human resources 
–     
¨  The proposal/initiative does not require the use of human
resources 
–     
ý  The proposal/initiative requires the use of human resources, as
explained below:
Estimate to be expressed in full amounts
(or at most to one decimal place)
   || 2013 || Year N+1 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) 
  Establishment plan posts (officials and temporary agents) || 
 11 01 01 01 (Headquarters and Commission’s Representation Offices) || 66 ||   ||   ||   ||   ||   ||   
 11 01 01 02 (Delegations) || 0 ||   ||   ||   ||   ||   ||   
 11 01 05 01 (Indirect research) || 0 ||   ||   ||   ||   ||   ||   
 10 01 05 01 (Direct research) || 0 ||   ||   ||   ||   ||   ||   
  External personnel (in Full Time Equivalent unit: FTE)[55] || 
 11 01 02 01 (CA, INT, SNE from the "global envelope") || 14 ||   ||   ||   ||   ||   ||   
 11 01 02 02 (CA, INT, JED, LA and SNE in the delegations) || 0 ||   ||   ||   ||   ||   ||   
 11 01 04 yy [56] || - at Headquarters[57] || 0 ||   ||   ||   ||   ||   ||   
 - in delegations || 0 ||   ||   ||   ||   ||   ||   
 11 01 05 02 (CA, INT, SNE - Indirect research) || 0 ||   ||   ||   ||   ||   ||   
 10 01 05 02 (CA, INT, SNE - Direct research) || 0 ||   ||   ||   ||   ||   ||   
 Other budget lines (specify) || 0 ||   ||   ||   ||   ||   ||   
 TOTAL || 80 ||   ||   ||   ||   ||   ||   
XX is the
policy area or budget title concerned.
The human resources required
will be met by staff from the DG who are already assigned to management of the action
and/or have been redeployed within the DG, together if necessary with any
additional allocation which may be granted to the managing DG under the annual
allocation procedure and in the light of budgetary constraints.
Description of
tasks to be carried out:
 Officials and temporary agents || managing the operational appropriations and the operational activities mentioned above in 2013 
 External personnel || managing the operational appropriations and the operational activities mentioned above in 2013 
3.2.4.     Compatibility with the
current multiannual financial framework 
–     
ý  Proposal/initiative is compatible the current multiannual
financial framework.
–     
¨  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.
Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts.
–     
¨  Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[58].
Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts.
3.2.5.     Third-party contributions 
–     
ý The proposal/initiative does not provide for co-financing by third
parties 
–     
¨ The proposal/initiative provides for the co-financing estimated
below:
Appropriations in EUR million (to 3 decimal places)
   || Year N || Year N+1 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) || Total 
 Specify the co-financing body ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations cofinanced ||   ||   ||   ||   ||   ||   ||   ||   
3.3.        Estimated impact on
revenue 
–     
ý  Proposal/initiative has no financial impact on revenue.
–     
¨  Proposal/initiative has the following financial impact:
–                   
¨             on own resources 
–                   
¨             on miscellaneous revenue 
EUR million (to 3 decimal places)
 Budget revenue line: || Appropriations available for the ongoing budget year || Impact of the proposal/initiative[59] 
 Year N || Year N+1 || Year N+2 || Year N+3 || … insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) 
 Article …………. ||   ||   ||   ||   ||   ||   ||   ||   
For miscellaneous
assigned revenue, specify the budget expenditure line(s) affected.
Specify the method for
calculating the impact on revenue.
[1]               COM(2009)163 final of 22
April 2009
[2]               OJ L 125, 27.4.1998, p. 1.
[3]               OJ L 17, 21.1.2000, p. 22
[4]               OJ L 349, 31.12.2005, p. 1.
[5]               OJ L 223, 15.8.2006, p. 1.
[6]               OJ L 409, 30.12.2006, p. 11.
[7]               OJ L 60, 5.3.2008, p. 1.
[8]               OJ L 286, 29.10.2008, p. 1.
[9]               OJ L 343, 22.12.2009, p. 1.
[10]             OJ L
256, 3.8.2004, p. 17.
[11]             SEC(2010)428 final of 16 April
2010
[12]             Council Regulation (EC) No 1954/2003 on the management of the fishing effort relating to certain
Community fishing areas and resources and modifying Regulation (EC) No 2847/93
and repealing Regulation (EC) No 635/95 and (EC) No 2027/95
[13]             Council Regulations (EC) No
1005/2008 on establishing a Community system to prevent, deter and eliminate
illegal, unreported and unregulated fishing, and Council Regulation (EC)
1224/2009 on establishing a Community control system for ensuring compliance
with the rules of the common fisheries policy, amending Regulations (EC) No
847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No
2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No
676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing
Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006
[14]             OJ
[15]             OJ
[16]             OJ L 358, 31.12.2002, p. 59
[17]             OJ L 179, 23.06.1998, p. 1
[18]             OJ L 189, 3.7.1998, p. 14
[19]             OJ L 177, 16.7.1996, p. 24
[20]             COP Decision X/2
[21]             EU CO 7/10 of 26 March 2010.
[22]             COM(2011)244
[23]             OJ L 164, 25.6.2008, p. 19. 
[24]             Communication from the
Commission to the European Parliament, the Council, the European Economic and
Social Committee and the Committee of the Regions on an Integrated Maritime
Policy for the European Union, COM(2007)575final.
[25]             OJ C 105, 7.5.1981, p.1.
[26]             OJ L 103, 25.04.1979, p. 1. 
[27]             OJ L 206, 22.07.1992, p. 7. 
[28]             OJ L 164, 25.06.2008, p. 19
[29]             COM(2009)162final.
[30]             COM(2010) 2020final
[31]             OJ L 55, 28.2.2011, p. 13. 
[32]             OJ L 256, 3.8.2004, p. 17.
[33]             OJ L 60, 53.3.2008, p. 1.
[34]             OJ L 409, 30.12.2006, p. 11.
[35]             OJ L 274, 25.9.1986, p. 1. 
[36]             ICES (International Council for
the Exploration of the Sea) zones are as defined in Regulation (EC) No
218/2009.
[37]             CECAF (Eastern Central Atlantic
or FAO major fishing zone 34) zones are as defined in Regulation (EC) No
216/2009. 
[38]             ABM: Activity-Based Management – ABB: Activity-Based
Budgeting.
[39]             As referred to in Article 49(6)(a) or (b) of the
Financial Regulation.
[40]             COM(2009)163 final of 22 April 2009.
[41]             See also SEC(2010)428 final of 16 April 2010 Synthesis
of the Consultation on the Reform of the Common Fisheries Policy.
[42]             Directive 2008/56/EC of the
European Parliament and of the Council of 17 June 2008 establishing a framework
for community action in the field of marine environmental policy,
[43]             Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html
[44]             As referred to in Article 185 of the Financial
Regulation.
[45]             Diff. = Differentiated appropriations / Non-Diff. =
Non-differentiated appropriations
[46]             EFTA: European Free Trade Association. 
[47]             Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.
[48]             Year N is the year in which implementation of the
proposal/initiative starts.
[49]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former "BA" lines), indirect research, direct research.
[50]             Year N is the year in which implementation of the
proposal/initiative starts.
[51]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).
[52]             As described in Section 1.4.2. "Specific
objective(s)…"
[53]             Year N is the year in which implementation of the
proposal/initiative starts.
[54]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former "BA" lines), indirect research, direct research.
[55]             CA= Contract Agent; INT= agency staff ("Intérimaire");
JED= "Jeune Expert en Délégation" (Young Experts in
Delegations); LA= Local Agent; SNE= Seconded National Expert; 
[56]             Under the ceiling for external personnel from
operational appropriations (former "BA" lines).
[57]             Essentially for Structural Funds, European Agricultural
Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF).
[58]             See points 19 and 24 of the Interinstitutional
Agreement.
[59]             As regards traditional own resources (customs duties,
sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after
deduction of 25% for collection costs.