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Document 02016R1139-20201201
Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007
Consolidated text: Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007
Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007
In force
02016R1139 — EN — 01.12.2020 — 004.001
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REGULATION (EU) 2016/1139 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 July 2016 (OJ L 191 15.7.2016, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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REGULATION (EU) 2018/976 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2018 |
L 179 |
76 |
16.7.2018 |
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REGULATION (EU) 2019/472 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 March 2019 |
L 83 |
1 |
25.3.2019 |
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REGULATION (EU) 2019/1241 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 198 |
105 |
25.7.2019 |
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REGULATION (EU) 2020/1781 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2020 |
L 400 |
1 |
30.11.2020 |
REGULATION (EU) 2016/1139 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 July 2016
establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject-matter and scope
This Regulation establishes a multiannual plan (‘the plan’) for the following stocks (‘the stocks concerned’) in the Union waters of the Baltic Sea and for the fisheries exploiting the stocks concerned:
cod (Gadus morhua) in ICES Subdivisions 22-24 (Western Baltic cod);
cod (Gadus morhua) in ICES Subdivisions 25-32 (Eastern Baltic cod);
herring (Clupea harengus) in ICES Subdivisions 25, 26, 27, 28.2, 29 and 32 (Central Baltic herring);
herring (Clupea harengus) in ICES Subdivision 28.1 (Gulf of Riga herring);
herring (Clupea harengus) in ICES subdivisions 30-31 (Gulf of Bothnia herring);
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herring (Clupea harengus) in ICES Subdivisions 22-24 (Western Baltic herring);
sprat (Sprattus sprattus) in ICES Subdivisions 22-32 (Baltic sprat).
Article 2
Definitions
For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013, Article 4 of Regulation (EC) No 1224/2009 and Article 2 of Regulation (EC) No 2187/2005 apply. In addition, the following definitions apply:
‘pelagic stocks’ means the stocks listed in points (c) to (h) of Article 1(1) of this Regulation and any combination thereof;
‘range of FMSY’ means a range of values provided in the best available scientific advice, in particular from ICES or a similar independent scientific body recognised at Union or international level, where all levels of fishing mortality within that range result in maximum sustainable yield (MSY) in the long term with a given fishing pattern and under current average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the MSY. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5 %;
‘MSY Flower’ means the lowest value within the range of FMSY;
‘MSY Fupper’ means the highest value within the range of FMSY;
‘FMSY point value’ is the value of the estimated fishing mortality that with a given fishing pattern and under current average environmental conditions gives the long-term maximum yield;
‘lower range of FMSY’ means a range that contains values from MSY Flower to FMSY point value;
‘upper range of FMSY’ means a range that contains values from FMSY point value up to MSY Fupper;
‘Blim’ means the spawning stock biomass reference point provided in the best available scientific advice, in particular by ICES or a similar independent scientific body recognised at Union or international level, below which there may be reduced reproductive capacity;
‘MSY Btrigger’ means the spawning stock biomass reference point provided for in the best available scientific advice, in particular from ICES or a similar independent scientific body recognised at Union or international level, below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term;
‘Member States concerned’ means Member States having a direct management interest, namely Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden.
CHAPTER II
OBJECTIVES AND TARGETS
Article 3
Objectives
In particular the plan shall aim to:
ensure that the conditions described in descriptor 3 contained in Annex I to Directive 2008/56/EC are fulfilled; and
contribute to the fulfilment of other relevant descriptors contained in Annex I to that Directive in proportion to the role played by fisheries in their fulfilment.
Article 4
Targets
Notwithstanding paragraphs 3 and 4, fishing opportunities for a stock may be fixed in accordance with the upper range of FMSY available at that time for that stock, provided that the stock referred to in Article 1(1) is above MSY Btrigger:
if, on the basis of scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed fisheries;
if, on the basis of scientific advice or evidence, it is necessary to avoid serious harm to a stock caused by intra- or inter-species stock dynamics; or
in order to limit variations in fishing opportunities between consecutive years to not more than 20 %.
Article 4a
Conservation reference points
The following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) shall, based on the plan, be requested in particular from ICES or a similar independent scientific body recognised at Union or international level:
MSY Btrigger for stocks referred to in Article 1(1);
Blim for stocks referred to in Article 1(1).
CHAPTER III
CONSERVATION REFERENCE POINTS
Article 5
Safeguards
Remedial measures referred to in this Article may include:
emergency measures in accordance with Articles 12 and 13 of Regulation (EU) No 1380/2013;
measures pursuant to Articles 7 and 8 of this Regulation.
CHAPTER IV
SPECIFIC CONSERVATION MEASURES FOR PLAICE, FLOUNDER, TURBOT AND BRILL
Article 6
Measures for plaice, flounder, turbot and brill caught as a by-catch
When scientific advice indicates that remedial measures are needed to ensure that the Baltic stocks of plaice, flounder, turbot or brill, caught as by-catch when fishing for the stocks concerned, are managed in accordance with the objectives of Article 3 of this Regulation, the Commission is empowered to adopt delegated acts in accordance with Article 16 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 regarding:
characteristics of fishing gear, in particular mesh size, hook size, construction of the gear, twine thickness, size of the gear or use of selectivity devices, to ensure or improve selectivity;
use of the fishing gear, in particular immersion time and depth of gear deployment, to ensure or improve selectivity;
prohibition or limitation on fishing in specific areas, to protect spawning and juvenile fish or fish below the minimum conservation reference size or non-target fish species;
prohibition or limitation on fishing or the use of certain types of fishing gear during specific time periods, to protect spawning fish or fish below the minimum conservation reference size or non-target fish species;
minimum conservation reference sizes, to ensure the protection of juveniles of marine organisms;
other characteristics linked to selectivity.
CHAPTER V
PROVISIONS LINKED TO THE LANDING OBLIGATION
Article 7
Provisions linked to the landing obligation
The Commission is empowered to adopt delegated acts in accordance with Article 16 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 regarding the following measures:
exemptions from the application of the landing obligation for species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem, to facilitate the implementation of the landing obligation;
de minimis exemptions to facilitate the implementation of the landing obligation; such de minimis exemptions shall be provided for cases referred to, and shall be in accordance with the conditions set out, in point (c) of Article 15(5) of Regulation (EU) No 1380/2013.
specific provisions on documentation of catches, in particular for the purpose of monitoring the implementation of the landing obligation; and
the fixing of minimum conservation reference sizes, to ensure the protection of juveniles of marine organisms.
However, in respect of Atlantic salmon, the delegated powers conferred upon the Commission under the first subparagraph shall be limited to the measures referred to in point (a) of that subparagraph.
CHAPTER VI
TECHNICAL MEASURES
Article 8
Technical measures
The Commission is empowered to adopt delegated acts in accordance with Article 16 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 regarding the following technical measures, insofar as they are not covered by Regulation (EU) 2019/1241 of the European Parliament and of the Council ( 1 ):
specifications of characteristics of fishing gears and rules governing their use, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;
specifications of modifications or additional devices to the fishing gears, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;
limitations or prohibitions on the use of certain fishing gears and on fishing activities, in certain areas or periods to protect spawning fish, fish below the minimum conservation reference size or non-target fish species, or to minimise the negative impact on the ecosystem; and
the fixing of minimum conservation reference sizes for any of the stocks to which this Regulation applies, to ensure the protection of juveniles of marine organisms.
CHAPTER VI A
FISHING CAPACITY REDUCTION
Article 8a
Fishing capacity reduction for Eastern Baltic cod, Western Baltic cod and Western Baltic herring
CHAPTER VII
REGIONALISATION
Article 9
Regional cooperation
CHAPTER VIII
CONTROL AND ENFORCEMENT
Article 10
Relationship with Regulation (EC) No 1224/2009
The control measures provided for in this Chapter shall apply in addition to those provided for in Regulation (EC) No 1224/2009, save where otherwise provided for in this Chapter.
Article 11
Prior notifications
Article 12
Logbooks
By way of derogation from Article 14(1) of Regulation (EC) No 1224/2009, masters of Union fishing vessels of an overall length of 8 metres or more engaged in targeted fishing for cod shall keep a fishing logbook of their operations in accordance with Article 14 of that Regulation.
Article 13
Margin of tolerance in the logbook
By way of derogation from Article 14(3) of Regulation (EC) No 1224/2009, for catches which are landed unsorted the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % of the total quantity retained on board.
Article 14
Designated ports
The threshold applicable to the live weight of species subject to the plan, above which a fishing vessel is required to land its catches in a designated port or a place close to the shore as set out in Article 43 of Regulation (EC) No 1224/2009 shall be:
250 kilograms of cod;
5 tonnes of pelagic stocks.
Article 14a
Control of catches of Eastern Baltic cod, Western Baltic cod and Western Baltic herring
Member States shall enhance monitoring and control of vessels with by-catch quota for Eastern Baltic cod or with fishing opportunities for Western Baltic cod or Western Baltic herring.
CHAPTER IX
FOLLOW-UP
Article 15
Evaluation of the plan
By 21 July 2019, and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the results and impact of the plan on the stocks to which this Regulation applies and on the fisheries exploiting those stocks, in particular as regards the achievement of the objectives set out in Article 3. The Commission may report at an earlier date if this is deemed necessary by all Member States concerned or by the Commission itself.
CHAPTER X
PROCEDURAL PROVISIONS
Article 16
Exercise of the delegation
CHAPTER XI
FINAL PROVISIONS
Article 17
Support from the European Maritime and Fisheries Fund
Temporary cessation measures adopted in order to achieve the objectives of the plan shall be deemed as temporary cessation of fishing activities for the purposes of points (a) and (c) of Article 33(1) of Regulation (EU) No 508/2014.
Article 18
Amendments to Regulation (EC) No 2187/2005
Regulation (EC) No 2187/2005 is amended as follows:
Article 13(3) is deleted;
the following Article is inserted:
‘Article 16a
Area restriction on fishing
It shall be prohibited to conduct any fishing activity from 1 May to 31 October within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured in accordance with the WGS84 coordinate system:
Area 1:
Area 2:
Area 3:
the following Article is inserted:
‘Article 28aa
Procedure for adopting technical measures in the context of multiannual plans
The Commission is empowered, for the purpose of adopting the acts referred to in Article 8(1) of Regulation (EU) 2016/1139 of the European Parliament and of the Council ( *1 ) and for the duration thereof, to adopt technical measures. Such technical measures shall be established by means of delegated acts adopted in accordance with Article 28b of this Regulation and Article 18 of Regulation (EU) No 1380/2013, and may, where appropriate, derogate from the following:
specifications of target species, mesh sizes and minimum conservation reference sizes laid down in Annexes II, III and IV to, and referred to in Articles 3 and 4 and Article 14(1) of, this Regulation;
structures, characteristics and rules governing the use of active gears laid down in Article 5(2), (3) and (4) and Article 6 of, and in Annex II to, this Regulation;
structures, characteristics and rules governing the use of passive gears laid down in Article 8 of this Regulation;
the list(s) of coordinates of areas and periods where fishing prohibitions or restrictions apply as laid down in Articles 16 and 16a of this Regulation;
the species to which Article 18a(1) of this Regulation applies, as well the geographical areas and periods of application of restrictions on fishing for certain stocks laid down in that paragraph, as well as the technical details of the derogation laid down in Article 18a(2) of this Regulation.
in Article 28b(2), (3) and (5), the words ‘Articles 14a and 28a’ are replaced by the words ‘Articles 14a, 28a and 28aa’.
Article 19
Repeal of Regulation (EC) No 1098/2007
Regulation (EC) No 1098/2007 is repealed. References made to the repealed Regulation shall be construed as references to this Regulation.
Article 20
Entry into force
This Regulation shall enter into force on the fifth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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( 1 ) Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
( *1 ) Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, p. 1).’;