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Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC
Ενοποιημένο κείμενο: Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC
02013R1380 — EN — 01.01.2023 — 004.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
REGULATION (EU) No 1380/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2013 (OJ L 354 28.12.2013, p. 22) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 354 |
86 |
28.12.2013 |
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REGULATION (EU) 2015/812 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2015 |
L 133 |
1 |
29.5.2015 |
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REGULATION (EU) 2017/2092 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 November 2017 |
L 302 |
1 |
17.11.2017 |
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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) 2022/2495 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 December 2022 |
L 325 |
1 |
20.12.2022 |
Corrected by:
REGULATION (EU) No 1380/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 December 2013
on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC
PART I
GENERAL PROVISIONS
Article 1
Scope
The Common Fisheries Policy (CFP) shall cover:
the conservation of marine biological resources and the management of fisheries and fleets exploiting such resources;
in relation to measures on markets and financial measures in support of the implementation of the CFP: fresh water biological resources, aquaculture, and the processing and marketing of fisheries and aquaculture products.
The CFP shall cover the activities referred to in paragraph 1 where they are carried out:
on the territory of Member States to which the Treaty applies;
in Union waters, including by fishing vessels flying the flag of, and registered in, third countries;
by Union fishing vessels outside Union waters; or
by nationals of Member States, without prejudice to the primary responsibility of the flag State.
Article 2
Objectives
In order to reach the objective of progressively restoring and maintaining populations of fish stocks above biomass levels capable of producing maximum sustainable yield, the maximum sustainable yield exploitation rate shall be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks.
The CFP shall, in particular:
gradually eliminate discards, on a case-by-case basis, taking into account the best available scientific advice, by avoiding and reducing, as far as possible, unwanted catches, and by gradually ensuring that catches are landed;
where necessary, make the best use of unwanted catches, without creating a market for such of those catches that are below the minimum conservation reference size;
provide conditions for economically viable and competitive fishing capture and processing industry and land-based fishing related activity;
provide for measures to adjust the fishing capacity of the fleets to levels of fishing opportunities consistent with paragraph 2, with a view to having economically viable fleets without overexploiting marine biological resources;
promote the development of sustainable Union aquaculture activities to contribute to food supplies and security and employment;
contribute to a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects;
contribute to an efficient and transparent internal market for fisheries and aquaculture products and contribute to ensuring a level–playing field for fisheries and aquaculture products marketed in the Union;
take into account the interests of both consumers and producers;
promote coastal fishing activities, taking into account socio-economic aspects;
be coherent with the Union environmental legislation, in particular with the objective of achieving a good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC, as well as with other Union policies.
Article 3
Principles of good governance
The CFP shall be guided by the following principles of good governance:
the clear definition of responsibilities at the Union, regional, national and local levels;
the taking into account of regional specificities, through a regionalised approach;
the establishment of measures in accordance with the best available scientific advice;
a long-term perspective;
administrative cost efficiency;
appropriate involvement of stakeholders, in particular Advisory Councils, at all stages - from conception to implementation of the measures;
the primary responsibility of the flag State;
consistency with other Union policies;
the use of impact assessments as appropriate;
coherence between the internal and external dimension of the CFP;
transparency of data handling in accordance with existing legal requirements, with due respect for private life, the protection of personal data and confidentiality rules; availability of data to the appropriate scientific bodies, other bodies with a scientific or management interest, and other defined end-users.
Article 4
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 during their marine life;
'fresh water biological resources' means available and accessible living fresh water aquatic species;
'fishing vessel' means any vessel equipped for commercial exploitation of marine biological resources or a blue fin tuna trap;
'Union fishing vessel' means a fishing vessel flying the flag of a Member State and registered in the Union;
'entry to the fishing fleet' means registration of a fishing vessel in the fishing vessel register of a Member State;
'maximum sustainable yield' means the highest theoretical equilibrium yield that can be continuously taken on average from a stock under existing average environmental conditions without significantly affecting the reproduction process;
'precautionary approach to fisheries management', as referred to in Article 6 of the UN Fish Stocks Agreement, 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 integrated approach to managing fisheries within ecologically meaningful boundaries which seeks to manage the use of natural resources, taking account of fishing and other human activities, while preserving both the biological wealth and the biological processes necessary to safeguard the composition, structure and functioning of the habitats of the ecosystem affected, by taking into account the knowledge and uncertainties regarding biotic, abiotic and human components of ecosystems;
'discards' means catches that are returned to the sea;
'low impact fishing' means utilising selective fishing techniques which have a low detrimental impact on marine ecosystems or which may result in low fuel emissions, or both;
'selective fishing' means fishing with fishing methods or fishing gears that target and capture organisms by size or species during the fishing operation, allowing non-target specimens to be avoided or released unharmed;
'fishing mortality rate' means the rate at which biomass or individuals are removed from a stock by means of fishery activities over a given period;
'stock' means a marine biological resource that occurs in a given management area;
'catch limit' means, as appropriate, either a quantitative limit on catches of a fish stock or group of fish stocks over a given period where such fish stocks or group of fish stocks are subject to an obligation to land, or a quantitative limit on landings of a fish stock or group of fish stocks over a given period for which the obligation to land does not apply;
'conservation reference point' means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management, for example in respect of an acceptable level of biological risk or a desired level of yield;
'minimum conservation reference size' means the size of a living marine aquatic species taking into account maturity, as established by Union law, below which restrictions or incentives apply that aim to avoid capture through fishing activity; such size replaces, where relevant, the minimum landing size;
'stock within safe biological limits' means a stock with a high probability that its estimated spawning biomass at the end of the previous year is higher than the limit biomass reference point (Blim) and its estimated fishing mortality rate for the previous year is less than the limit fishing mortality rate reference point (Flim);
'safeguard' means a precautionary measure designed to avoid something undesirable occurring;
'technical measure' means a measure that regulates the composition of catches by species and size and the impacts on components of the ecosystems resulting from fishing activities by establishing conditions for the use and structure of fishing gear and restrictions on access to fishing areas;
'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;
'Member State having a direct management interest' means a Member State which has an interest consisting of either fishing opportunities or a fishery taking place in the exclusive economic zone of the Member State concerned, or, in the Mediterranean Sea, a traditional fishery on the high seas;
'transferable fishing concession' means a revocable user entitlement to a specific part of fishing opportunities allocated to a Member State or established in a management plan adopted by a Member State in accordance with Article 19 of Council Regulation (EC) No 1967/2006 ( 1 ), which the holder may transfer;
'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 ( 2 );
'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 defined in point (9) of Article 4 of Council Regulation (EC) No 1224/2009 ( 3 );
'fishing authorisation' means an authorisation as defined in point (10) of Article 4 of Regulation (EC) No 1224/2009;
'fishing activity' means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products;
'fishery products' means aquatic organisms resulting from any fishing activity or products derived therefrom;
'operator' means the natural or legal person who operates or holds any undertaking 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 that is defined as such in relevant Union law, including in Article 42(1) of Council Regulation (EC) No 1005/2008 ( 4 ) and in Article 90(1) of 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 harvest, resulting in an overall exploitation rate for individual stocks that remains below levels at which stocks are capable of restoring themselves and maintaining populations of harvested species above desired levels based on the best available scientific advice;
'aquaculture products' means aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom;
'spawning stock biomass' means an estimate of the mass of the fish of a particular stock that reproduces at a defined time, including both males and females and fish that reproduce viviparously;
'mixed fisheries' means fisheries in which more than one species is present and where different species are likely to be caught in the same fishing operation;
'sustainable fisheries partnership agreement' means an international agreement concluded with a third state for the purpose of obtaining access to waters and resources in order to sustainably exploit a share of the surplus of marine biological resources, in exchange for financial compensation from the Union, which may include sectoral support.
For the purposes of this Regulation, the following geographical definitions of geographical areas shall apply:
'North Sea' means ICES zones ( 5 ) IIIa and IV;
'Baltic Sea' means ICES zones IIIb, IIIc and IIId;
'North Western waters' means ICES zones V (excluding Va and only Union waters of Vb), VI and VII;
'South Western waters' means ICES zones VIII, IX and X (waters around Azores), and CECAF zones ( 6 ) 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands);
'Mediterranean Sea' means Maritime Waters of the Mediterranean to the East of line 5°36′ West;
'Black Sea' means the GFCM (General Fisheries Commission for the Mediterranean) geographical sub-area as defined in Resolution GFCM/33/2009/2.
PART II
ACCESS TO WATERS
Article 5
General rules on access to waters
PART III
MEASURES FOR THE CONSERVATION AND SUSTAINABLE EXPLOITATION OF MARINE BIOLOGICAL RESOURCES
TITLE I
Conservation measures
Article 6
General provisions
Article 7
Types of conservation measures
Measures for the conservation and sustainable exploitation of marine biological resources may include, inter alia, the following:
multiannual plans under Articles 9 and 10;
targets for the conservation and sustainable exploitation of stocks and related measures to minimise the impact of fishing on the marine environment;
measures to adapt the fishing capacity of fishing vessels to available fishing opportunities;
incentives, including those of an economic nature, such as fishing opportunities, to promote fishing methods that contribute to more selective fishing, to the avoidance and reduction, as far as possible, of unwanted catches, and to fishing with low impact on the marine ecosystem and fishery resources;
measures on the fixing and allocation of fishing opportunities;
measures to achieve the objectives of Article 15;
minimum conservation reference sizes;
pilot projects on alternative types of fishing management techniques and on gears that increase selectivity or that minimise the negative impact of fishing activities on the marine environment;
measures necessary for compliance with obligations under Union environmental legislation adopted pursuant to Article 11;
technical measures as referred to in paragraph 2.
Technical measures may include, inter alia, the following:
characteristics of fishing gears and rules concerning their use;
specifications on the construction of fishing gear, including:
modifications or additional devices to improve selectivity or to minimise the negative impact on the ecosystem;
modifications or additional devices to reduce the incidental capture of endangered, threatened and protected species, as well as to reduce other unwanted catches;
limitations or prohibitions on the use of certain fishing gears, and on fishing activities, in certain areas or periods;
requirements for fishing vessels to cease operating in a defined area for a defined minimum period in order to protect temporary aggregations of endangered species, spawning fish, fish below minimum conservation reference size, and other vulnerable marine resources;
specific measures to minimise the negative impact of fishing activities on marine biodiversity and marine ecosystems, including measures to avoid and reduce, as far as possible, unwanted catches.
Article 8
Establishment of fish stock recovery areas
TITLE II
Specific measures
Article 9
Principles and objectives of multiannual plans
Multiannual plans shall cover either:
single species; or
in the case of mixed fisheries or where the dynamics of stocks relate to one another, fisheries exploiting several stocks in a relevant geographical area, taking into account knowledge about the interactions between fish stocks, fisheries and marine ecosystems.
Article 10
Content of multiannual plans
As appropriate and without prejudice to the respective competences under the Treaty, a multiannual plan shall include:
the scope, in terms of stocks, fishery and the area to which the multiannual plan shall be applied;
objectives that are consistent with the objectives set out in Article 2 and with the relevant provisions of Articles 6 and 9;
quantifiable targets such as fishing mortality rates and/or spawning stock biomass;
clear time-frames to reach the quantifiable targets;
conservation reference points consistent with the objectives set out in Article 2;
objectives for conservation and technical measures to be taken in order to achieve the targets set out in Article 15, and measures designed to avoid and reduce, as far as possible, unwanted catches;
safeguards to ensure that quantifiable targets are met, as well as remedial action, where needed, including for situations where the deteriorating quality of data or non-availability put the sustainability of the stock at risk.
A multiannual plan may also include:
other conservation measures, in particular measures to gradually eliminate discards, taking into account the best available scientific advice, or to minimise the negative impact of fishing on the ecosystem, to be further specified, where appropriate, in accordance with Article 18;
quantifiable indicators for periodic monitoring and assessment of progress in achieving the targets of the multiannual plan;
where appropriate, specific objectives for the freshwater part of the life cycle of anadromous and catadromous species.
Article 11
Conservation measures necessary for compliance with obligations under Union environmental legislation
If not all Member States succeed in agreeing on a joint recommendation to be submitted to the Commission in accordance with the first subparagraph within the deadline set therein, or if the joint recommendation is deemed not to be compatible with the requirements referred to in paragraph 1, the Commission may submit a proposal in accordance with the Treaty.
Article 12
Commission measures in case of a serious threat to marine biological resources
Article 13
Member State emergency measures
Article 14
Avoidance and minimisation of unwanted catches
Article 15
Landing obligation
All catches of species which are subject to catch limits and, in the Mediterranean, also catches of species which are subject to minimum sizes as defined in Annex III to Regulation (EC) No 1967/2006, caught during fishing activities in Union waters or by Union fishing vessels outside Union waters in waters not subject to third countries' sovereignty or jurisdiction, in the fisheries and geographical areas listed below shall be brought and retained on board the fishing vessels, recorded, landed and counted against the quotas where applicable, except when used as live bait, in accordance with the following time-frames:
From 1 January 2015 at the latest:
From 1 January 2015 at the latest for species which define the fisheries and from 1 January 2017 at the latest for all other species in fisheries in Union waters of the Baltic Sea for species subject to catch limits other than those covered by point (a).
From 1 January 2016 at the latest for the species which define the fisheries and from 1 January 2019 at the latest for all other species in:
the North Sea
North Western waters
South Western waters
other fisheries for species subject to catch limits.
From 1 January 2017 at the latest for species which define the fisheries and from 1 January 2019 at the latest for all other species in fisheries not covered by point (a) in the Mediterranean, in the Black Sea and in all other Union waters and in non-Union waters not subject to third countries' sovereignty or jurisdiction.
The landing obligation referred to in paragraph 1 shall not apply to:
species in respect of which fishing is prohibited and which are identified as such in a Union legal act adopted in the area of the CFP;
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;
catches falling under de minimis exemptions;
fish which shows damage caused by predators.
Details of the implementation of the landing obligation referred to in paragraph 1 shall be specified in multiannual plans referred to in Articles 9 and 10 and, where relevant, further specified in accordance with Article 18, including:
specific provisions regarding fisheries or species covered by the landing obligation referred to in paragraph 1, such as the technical measures referred to in Article 7(2), aimed at increasing gear selectivity or reducing or, as far as possible, eliminating unwanted catches;
the specification of exemptions to the landing obligation of species referred to in point (b) of paragraph 4;
provisions for de minimis exemptions of up to 5 % of total annual catches of all species subject to the landing obligation referred to in paragraph 1. The de minimis exemption shall apply in the following cases:
where scientific evidence indicates that increases in selectivity are very difficult to achieve; or
to avoid disproportionate costs of handling unwanted catches, for those fishing gears where unwanted catches per fishing gear do not represent more than a certain percentage, to be established in a plan, of total annual catch of that gear.
Catches under the provisions referred to in this point shall not be counted against the relevant quotas; however, all such catches shall be fully recorded.
For a transitional period of four years, the percentage of the total annual catches referred to in this point shall increase:
by two percentage points in the first two years of application of the landing obligation; and
by one percentage point in the subsequent two years;
provisions on documentation of catches;
where appropriate, the fixing of minimum conservation reference sizes in accordance with paragraph 10.
Annual reports shall include:
Article 16
Fishing opportunities
Article 17
Criteria for the allocation of fishing opportunities by Member States
When allocating the fishing opportunities available to them, as referred to in Article 16, Member States shall use transparent and objective criteria including those of an environmental, social and economic nature. The criteria to be used may include, inter alia, the impact of fishing on the environment, the history of compliance, the contribution to the local economy and historic catch levels. Within the fishing opportunities allocated to them, Member States shall endeavour to provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact, such as reduced energy consumption or habitat damage.
TITLE III
Regionalisation
Article 18
Regional cooperation on conservation measures
Member States shall ensure that the joint recommendations on conservation measures to be adopted pursuant to paragraph 1 are based on the best available scientific advice and fulfil all of the following requirements:
they are compatible with the objectives set out in Article 2;
they are compatible with the scope and objectives of the relevant conservation measure;
they are compatible with the scope and meet the objectives and quantifiable targets set out in a relevant multiannual plan effectively;
they are at least as stringent as measures under Union law.
TITLE IV
National measures
Article 19
Member State measures applicable to fishing vessels flying their flag or to persons established in their territory
A Member State may adopt measures for the conservation of fish stocks in Union waters provided that those measures fulfil all of the following requirements:
they 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 that part of its territory to which the Treaty applies;
they are compatible with the objectives set out in Article 2;
they are at least as stringent as measures under Union law.
Article 20
Member State measures within the 12 nautical mile zone
PART IV
MANAGEMENT OF FISHING CAPACITY
Article 21
Establishment of systems of transferable fishing concessions
Member States may establish a system of transferable fishing concessions. Member States having such a system shall establish and maintain a register of transferable fishing concessions.
Article 22
Adjustment and management of fishing capacity
The report shall contain the annual capacity assessment of the national fleet and of all fleet segments of the Member State. The report shall seek to identify structural overcapacity by segment and shall estimate the long-term profitability by segment. The reports shall be made publicly available.
On a yearly basis, the Commission shall prepare a report for the European Parliament and for the Council on the balance between the fishing capacity of the Member States' fleets and their fishing opportunities, in accordance with the guidelines referred to in the first subparagraph of paragraph 2. The report shall include action plans referred to in the first subparagraph of this paragraph. The first report shall be submitted by 31 March 2015.
Failure to make the report referred to in paragraph 2, and/or failure to implement the action plan referred to in the first subparagraph of this paragraph, may result in a proportionate suspension or interruption of relevant Union financial assistance to that Member State for fleet investment in the fleet segment or segments concerned in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.
Article 23
Entry/Exit scheme
Article 24
Fishing fleet registers
PART V
SCIENTIFIC BASE FOR FISHERIES MANAGEMENT
Article 25
Data requirements for fisheries management
Member States shall, in accordance with the rules adopted in the area of data collection, collect biological, environmental, technical, and socio-economic data necessary for fisheries management, manage those data and make them available to end–users, including bodies designated by the Commission. The acquisition and management of such data shall be eligible for funding through the European Maritime and Fisheries Fund in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020. Those data shall, in particular, enable the assessment of:
the state of exploited marine biological resources;
the level of fishing and the impact that fishing activities have on the marine biological resources and on the marine ecosystems; and
the socio-economic performance of the fisheries, aquaculture and processing sectors within and outside Union waters.
The collection, management and use of data shall be based on the following principles:
accuracy and reliability, and collection in a timely manner;
the use of coordination mechanisms with a view to avoiding duplication of data collection for different purposes;
safe storage and protection of collected data in computerised databases, and their public availability where appropriate, including at aggregated level, whilst ensuring confidentiality;
access by the Commission, or by bodies designated by it, 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;
the availability in a timely manner of the relevant data and the respective methodologies by which they are obtained, for bodies with a research or management interest in the scientific analysis of data in the fisheries sector and for any interested parties, save in circumstances where protection and confidentiality are required under applicable Union law.
The Commission shall assess the annual report on data collection after consulting its scientific advisory body and, where appropriate, regional fisheries management organisations (RFMOs) to which the Union is a contracting party or observer and relevant international scientific bodies.
Article 26
Consulting scientific bodies
The Commission shall consult appropriate scientific bodies. STECF shall be consulted, where appropriate, on matters pertaining to the conservation and management of living marine resources, including biological, economic, environmental, social and technical considerations. Consultations of scientific bodies shall take into account the proper management of public funds, with the aim of avoiding duplication of work by such bodies.
Article 27
Research and Scientific Advice
PART VI
EXTERNAL POLICY
Article 28
Objectives
In particular, the Union shall:
actively support and contribute to the development of scientific knowledge and advice;
improve policy coherence of Union initiatives, with particular regard to environmental, trade and development activities and strengthen consistency of actions taken in the context of development cooperation and scientific, technical and economic cooperation;
contribute to sustainable fishing activities that are economically viable and promote employment within the Union;
ensure that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law in the area of the CFP, while promoting a level–playing field for Union operators vis-à-vis third-country operators;
promote and support, in all international spheres, action necessary to eradicate IUU-fishing;
promote the establishment and the strengthening of compliance committees of RFMOs, periodical independent performance reviews and appropriate remedial actions, including effective and dissuasive penalties, which are to be applied in a transparent and non-discriminatory manner.
TITLE I
International fisheries organisations
Article 29
Union activities in international fisheries organisations
Article 30
Compliance with international provisions
The Union shall, including through the European Fisheries Control Agency ("the Agency"), cooperate with third countries and international organisations dealing with fisheries, including RFMOs, to strengthen compliance with measures, especially those to combat IUU fishing, in order to ensure that measures adopted by such international organisations are strictly adhered to.
TITLE II
Sustainable fisheries partnership agreements
Article 31
Principles and objectives of Sustainable fisheries partnership agreements
Such frameworks may include:
development and support for the necessary scientific and research institutions;
monitoring, control and surveillance capabilities;
other capacity building elements concerning the development of a sustainable fisheries policy of the third country.
Those agreements shall also, to the extent possible, include:
a clause prohibiting the granting of more favourable conditions to other fleets fishing in those waters than those granted to Union economic actors, including conditions concerning the conservation, development and management of resources, financial arrangements, and fees and rights relating to the issuing of fishing authorisations;
an exclusivity clause relating to the rule provided for in paragraph 5.
Where the state granting the flag during the period that the vessel was off the Union fishing fleet register became recognised under Union law as a non-cooperating state with regard to combating, deterring and eliminating IUU fishing, or as a state allowing for non-sustainable exploitation of living marine resources, such fishing authorisation shall only be granted if it is established that the vessel's fishing operations ceased and the owner took immediate action to remove the vessel from the register of that state.
Article 32
Financial assistance
The Union shall provide financial assistance to third countries through Sustainable fisheries partnership agreements in order to:
support part of the cost of access to the fisheries resources in third country waters; the part of the cost of access to the fisheries resources to be paid by Union vessel owners shall be assessed for each Sustainable fisheries partnership agreement or a Protocol to it and shall be fair, non-discriminatory and commensurate with the benefits provided through the access conditions;
establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, promote consultation processes with interest groups, and monitoring, control and surveillance capability and other capacity building items relating to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditional upon the achievement of specific results and complementary to and consistent with the development projects and programmes implemented in the third country in question.
TITLE III
Management of stocks of common interest
Article 33
Principles and objectives of management of stocks of common interest to the Union and third countries and agreements on exchange and joint management
PART VII
AQUACULTURE
Article 34
Promoting sustainable aquaculture
With a view to promoting sustainability and contributing to food security and supplies, growth and employment, the Commission shall establish non-binding Union strategic guidelines on common priorities and targets for the development of sustainable aquaculture activities. Such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the Union and shall form the basis for multiannual national strategic plans, and shall aim at:
improving the competitiveness of the aquaculture industry and supporting its development and innovation;
reducing the administrative burden and making the implementation of Union law more efficient and responsive to the needs of stakeholders;
encouraging economic activity;
diversification and improvement of the quality of life in coastal and inland areas;
integrating aquaculture activities into maritime, coastal and inland spatial planning.
Multiannual national strategic plans shall, in particular, have the following aims:
administrative simplification, in particular regarding evaluations and impact studies and licenses;
reasonable certainty for aquaculture operators in relation to access to waters and space;
indicators for environmental, economic and social sustainability;
assessment of other possible cross-border effects, especially on marine biological resources and marine ecosystems in neighbouring Member States;
the creation of synergies between national research programmes and collaboration between the industry and the scientific community;
the promotion of the competitive advantage of sustainable, high quality food;
the promotion of aquaculture practices and research with a view to enhancing positive effects on the environment and on the fish resources, and to reducing negative impacts, including reducing pressure on fish stocks used for feed production, and increasing resource efficiency.
PART VIII
COMMON MARKET ORGANISATION
Article 35
Objectives
A common organisation of the markets in fishery and aquaculture products (the common market organisation) shall be established to:
contribute to the achievement of the objectives set out in Article 2, and in particular to the sustainable exploitation of living marine biological resources;
enable the fishery and aquaculture industry to apply the CFP at the appropriate level;
strengthen the competitiveness of the Union fishery and aquaculture industry, in particular producers;
improve the transparency and stability of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain, ensure that the distribution of added value along the sector's supply chain is more balanced, improve consumer information and raise awareness, by means of notification and labelling that provides comprehensible information;
contribute to ensuring a level–playing field for all products marketed in the Union by promoting sustainable exploitation of fisheries resources;
contribute to ensuring that consumers have a diverse supply of fishery and aquaculture products;
provide the consumer with verifiable and accurate information regarding the origin of the product and its mode of production, in particular through marking and labelling.
The common market organisation shall include, in particular:
the organisation of the industry including market stabilization measures;
the production and marketing plans of fishery and aquaculture producer organisations;
common marketing standards;
consumer information.
PART IX
CONTROL AND ENFORCEMENT
Article 36
Objectives
Control and enforcement of the CFP shall in particular be based on and shall include the following:
a global, integrated and common approach;
cooperation and coordination between Member States, the Commission and the Agency;
cost-efficiency and proportionality;
the use of efficient control technologies for the availability and quality of data on fisheries;
a Union framework for control, inspection and enforcement;
a risk-based strategy focused on systematic and automated cross-checks of all available relevant data;
the development of a culture of compliance and co-operation among all operators and fishermen.
The Union shall adopt appropriate measures with regard to third countries which allow non-sustainable fishing.
Article 37
Expert group on compliance
The expert group shall in particular:
regularly review issues of compliance and implementation under Union fisheries control system and identify possible difficulties of common interest in implementation of the CFP rules;
formulate advice in relation to the implementation of the CFP rules, including prioritisation of Union financial assistance; and
exchange information on control and inspection activities, including the fight against IUU fishing.
Article 38
Pilot projects on new control technologies and data management systems
The Commission and the Member States may carry out pilot projects on new control technologies and systems for data management.
Article 39
Contribution to control, inspection, enforcement and data collection costs
Member States may require their operators to contribute proportionally to the operational costs of implementing the Union fisheries control system and of data collection.
PART X
FINANCIAL INSTRUMENTS
Article 40
Objectives
Union financial assistance may be granted to contribute to the achievement of the objectives set out in Article 2.
Article 41
Conditions for financial assistance to Member States
Article 42
Conditions for financial assistance to operators
PART XI
ADVISORY COUNCILS
Article 43
Establishment of Advisory Councils
In particular, the following new Advisory Councils shall be established, in accordance with Annex III:
an Advisory Council for the outermost regions, divided into three sections for each of the following sea basins: West Atlantic, East Atlantic and Indian Ocean;
an Advisory Council for aquaculture;
an Advisory Council for markets;
an Advisory Council for the Black Sea.
Article 44
Tasks of Advisory Councils
Advisory Councils may:
submit recommendations and suggestions on matters relating to the management of fisheries and the socio-economic and conservation aspects of fisheries and aquaculture to the Commission and to the Member State concerned, and, in particular, recommendations on how to simplify rules on fisheries management;
inform the Commission and Member States of problems relating to the management and the socio-economic and conservation aspects of fisheries and, where appropriate, of aquaculture in their geographical area or field of competence and propose solutions to overcome those problems;
contribute, in close cooperation with scientists, to the collection, supply and analysis of data necessary for the development of conservation measures.
If an issue is of common interest to two or more Advisory Councils, they shall coordinate their positions with a view to adopting joint recommendations on that issue.
Article 45
Composition, functioning and funding of Advisory Councils
Advisory Councils shall be composed of:
organisations representing the fisheries and, where appropriate, aquaculture operators, and representatives of the processing and marketing sectors;
other interest groups affected by the CFP (e.g. environmental organisations and consumer groups).
PART XII
PROCEDURAL PROVISIONS
Article 46
Exercise of delegation
Article 47
Committee procedure
Where the committee delivers no opinion on a draft implementing act to be adopted pursuant to Article 23, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
PART XIII
FINAL PROVISIONS
Article 48
Repeals and amendments
References to the repealed Regulation shall be construed as references to this Regulation.
In Article 105 of Regulation (EC) No 1224/2009, the following paragraph is inserted:
Article 49
Review
The Commission shall report to the European Parliament and to the Council on the functioning of the CFP by 31 December 2022.
Article 50
Annual report
The Commission shall report annually to the European Parliament and to the Council on the progress on achieving maximum sustainable yield and on the situation of fish stocks, as early as possible following the adoption of the yearly Council Regulation fixing the fishing opportunities available in Union waters and, in certain non-Union waters, to Union vessels.
Article 51
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 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
ACCESS TO COASTAL WATERS WITHIN THE MEANING OF ARTICLE 5(2)
1. 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 |
Unlimited |
Nephrops |
Unlimited |
|
2. Mizen Head south Stags south |
Demersal |
Unlimited |
Nephrops |
Unlimited |
|
Mackerel |
Unlimited |
|
3. Stags south Cork south |
Demersal |
Unlimited |
Nephrops |
Unlimited |
|
Mackerel |
Unlimited |
|
Herring |
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 NETHERLANDS
Geographical area |
Species |
Importance or particular characteristics |
Irish coast (6 to 12 miles) |
|
|
1. Stags south Carnsore Point south |
Herring |
Unlimited |
Mackerel |
Unlimited |
(c) 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 |
(d) 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 |
2. 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 |
3. Coastal waters of Denmark
Geographical area |
Member State |
Species |
Importance or particular characteristics |
North Sea coast (Danish/German frontier to Hanstholm) (6 to 12 nautical miles) |
|
|
|
|
|
||
Danish/German frontier to Blåvands Huk |
Germany |
Flatfish |
Unlimited |
Shrimps and prawns |
Unlimited |
||
Netherlands |
Flatfish |
Unlimited |
|
Roundfish |
Unlimited |
||
Blåvands Huk to Bovbjerg |
Belgium |
Cod |
Unlimited only from 1 June to 31 July |
Haddock |
Unlimited only from 1 June to 31 July |
||
Germany |
Flatfish |
Unlimited |
|
Netherlands |
Plaice |
Unlimited |
|
Sole |
Unlimited |
||
Thyborøn to Hanstholm |
Belgium |
Whiting |
Unlimited only from 1 June to 31 July |
Plaice |
Unlimited only from 1 June to 31 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 |
Plaice |
Unlimited only from 1 June to 31 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 |
||
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) (1) |
Sweden |
All species |
Unlimited |
Baltic Sea (3 to 12 miles) |
Sweden |
All species |
Unlimited |
(1)
Measured from the coastline. |
4. 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 |
||
Sandeel |
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 |
Baltic coast (3 to 12 miles) |
Denmark |
Cod |
Unlimited |
Plaice |
Unlimited |
||
Herring |
Unlimited |
||
Sprat |
Unlimited |
||
Eel |
Unlimited |
||
Whiting |
Unlimited |
||
Mackerel |
Unlimited |
5. 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° 02′ 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 from 1 October to 31 December |
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 1984 |
Mediterranean coast (6 to 12 nautical miles) |
|
|
|
Spanish frontier Cap Leucate |
Spain |
All species |
Unlimited |
6. 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 |
7. Coastal waters of Croatia ()
Geographical area |
Member State |
Species |
Importance or particular characteristics |
12 miles limited to the sea area under the sovereignty of Croatia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana) |
Slovenia |
Demersal and small pelagic species including sardine and anchovy |
100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets |
(1)
The abovementioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009. |
8. Coastal waters of the Netherlands
Geographical area |
Member State |
Species |
Importance or particular characteristics |
(3 to 12 nautical miles) whole coast |
Belgium |
All species |
Unlimited |
Denmark |
Demersal |
Unlimited |
|
Sprat |
Unlimited |
||
Sandeel |
Unlimited |
||
Horse-mackerel |
Unlimited |
||
Germany |
Cod |
Unlimited |
|
Shrimps and prawns |
Unlimited |
||
(6 to 12 nautical miles) whole coast |
France |
All species |
Unlimited |
9. Coastal waters of Slovenia ()
Geographical area |
Member State |
Species |
Importance or particular characteristics |
12 miles limited to the sea area under the sovereignty of Slovenia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana) |
Croatia |
Demersal and small pelagic species including sardine and anchovy |
100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets |
(1)
The abovementioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009. |
10. Coastal waters of Finland
Geographical area |
Member State |
Species |
Importance or particular characteristics |
Baltic Sea (4 to 12 miles) (1) |
Sweden |
All species |
Unlimited |
(1)
3 to 12 miles around Bogskär Isles. |
11. 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) (1) |
Denmark |
All species |
Unlimited |
Baltic Sea (4 to 12 miles) |
Denmark |
All species |
Unlimited |
Finland |
All species |
Unlimited |
|
(1)
Measured from the coastline. |
12. Coastal waters of Greece
Geographical area |
Member State |
Species |
Importance or particular characteristics |
Ionian Sea 6 to 12 nautical miles in Greek territorial waters |
Italy |
Cephalopods Crustaceans Demersal Large pelagic species |
A maximum number of 68 vessels |
South-Southeast of the island of Crete (East of 26°00′00″ E) 6 to 12 nautical miles in Greek EEZ |
|||
South-Southeast of the island of Koufonisi 6 to 12 nautical miles in Greek EEZ |
|||
South-Southwest of the island of Kasos 6 to 12 nautical miles in Greek EEZ |
|||
South-Southeast of the island of Karpathos 6 to 12 nautical miles in Greek EEZ |
|||
South-Southwest (West of 27°59′02.00″ E) of the island of Rhodes 6 to 12 nautical miles in Greek EEZ. |
ANNEX II
FISHING CAPACITY CEILINGS
Capacity ceilings
Member State |
GT |
kW |
Belgium |
18 962 |
51 586 |
Bulgaria |
7 250 |
62 708 |
Denmark |
88 762 |
313 333 |
Germany |
71 117 |
167 078 |
Estonia |
21 677 |
52 566 |
Ireland |
77 568 |
210 083 |
Greece |
84 123 |
469 061 |
Spain (including outermost regions) |
423 550 |
964 826 |
France (including outermost regions) |
214 282 |
1 166 328 |
Croatia |
53 452 |
426 064 |
Italy |
173 506 |
1 070 028 |
Cyprus |
11 021 |
47 803 |
Latvia |
46 418 |
58 496 |
Lithuania |
73 489 |
73 516 |
Malta |
14 965 |
95 776 |
Netherlands |
166 859 |
350 736 |
Poland |
38 270 |
90 650 |
Portugal (including outermost regions) |
114 549 |
386 539 |
Romania |
1 908 |
6 356 |
Slovenia |
675 |
8 867 |
Finland |
18 066 |
181 717 |
Sweden |
43 386 |
210 829 |
United Kingdom |
231 106 |
909 141 |
Capacity ceilings
Outermost regions of the Union |
GT |
kW |
Spain |
||
Canary Islands: L (1) < 12 m. Union waters |
2 617 |
20 863 |
Canary Islands: L > 12 m. Union 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 |
Mayotte. Seiners |
13 916 (*1) |
24 000 (*1) |
Mayotte. Mechanical long-liners < 23 m |
2 500 (*1) |
8 500 (*1) |
Mayotte. Demersal and pelagic species. Vessels < 10 m |
p.m. (*2) |
p.m. (*2) |
Portugal |
||
Madeira: Demersal species. L < 12 m |
604 |
3 969 |
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 |
2 617 |
29 870 |
Azores: Demersal and pelagic species. L > 12 m |
12 979 |
25 721 |
(1)
"L" means overall length of a vessel. |
ANNEX III
ADVISORY COUNCILS
1. Name and area of competence of Advisory Councils
Name |
Areas of competence |
Baltic Sea |
ICES zones IIIb, IIIc and IIId |
Black Sea |
GFCM geographical sub-area as defined in Resolution GFCM/33/2009/2 |
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 zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands) |
Outermost regions |
Union waters around the outermost regions as referred to in the first paragraph of Article 349 of the Treaty divided into three sea basins: West Atlantic, East Atlantic, Indian Ocean |
Pelagic stocks (blue whiting, mackerel, horse mackerel, herring, boarfish) |
All geographical areas excluding the Baltic Sea and the Mediterranean Sea |
High seas/long distance fleet |
All non Union-waters |
Aquaculture |
Aquaculture, as defined in Article 4 |
Markets |
All market areas |
2. Functioning and funding of Advisory Councils
(a) In the general assembly and executive committee, 60 % of the seats shall be allotted to representatives of fishermen and for the Aquaculture Advisory Council, aquaculture operators, and representatives of the processing and marketing sectors, and 40 % to representatives of the other interest groups affected by the Common Fisheries Policy, for example environmental organisations and consumer groups.
(b) Except for the Advisory Council for Aquaculture and for the Advisory Council for Markets, at least one representative of the catching subsector from each Member State concerned shall be member of the executive committee.
(c) The members of the executive committee shall, where possible, adopt recommendations by consensus. If no consensus can be reached, dissenting opinions expressed by members shall be recorded in the recommendations adopted by the majority of the members present and voting.
(d) Each Advisory Council shall designate a chairperson by consensus. The chairperson shall act impartially.
(e) Each Advisory Council shall adopt the measures necessary to ensure transparency and the respect of all opinions expressed.
(f) Recommendations adopted by the executive committee shall be made available immediately to the general assembly, the Commission, Member States concerned and, upon request, to any member of the public.
(g) The meetings of the general assembly shall be open to the public. The meetings of the executive committee shall be open to the public unless, in exceptional cases, decided otherwise by a majority of the executive committee.
(h) European and national organisations representing the fisheries sector and other interest groups may propose members to the Member States concerned. Those Member States shall agree on the members of the general assembly.
(i) Representatives of national and regional administrations that have fisheries interests in the area concerned and researchers from the Member States' scientific and fisheries research institutes and from the international scientific institutions that advise the Commission shall be allowed to participate in Advisory Council meetings as active observers. Any other qualified scientist may also be invited.
(j) Representatives of the European Parliament and of the Commission may take part as active observers in Advisory Council meetings.
(k) When issues that affect them are discussed, representatives of the fisheries sector and other interest groups from third countries, including representatives from RFMOs, that have a fishing interest in the area or fisheries covered by an Advisory Council, may be invited to participate as active observers.
(l) Advisory Councils may apply for Union financial assistance as bodies pursuing an aim of general European interest.
(m) The Commission shall sign a grant agreement with each Advisory Council to contribute to its operational costs, including translation and interpretation costs.
(n) The Commission may carry out all verifications it considers necessary to ensure compliance with the tasks assigned to the Advisory Councils.
(o) Each Advisory Council shall transmit annually its budget and a report of its activities to the Commission and to the Member States concerned.
(p) The Commission or the Court of Auditors may at any time arrange for an audit to be carried out either by an outside body of its choice or by the Commission or the Court of Auditors departments themselves.
(q) Each Advisory Council shall appoint a certified auditor for the period during which it benefits from Union funds.
( 1 ) 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 (OJ L 409, 30.12.2006, p. 11).
( 2 ) Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (OJ L 274, 25.9.1986, p. 1).
( 3 ) 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 (OJ L 343, 22.12.2009, p. 1).
( 4 ) 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 (OJ L 286, 29.10.2008, p. 1).
( 5 ) ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).
( 6 ) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).
( 7 ) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (See page 1 of this Official Journal).
( 8 ) Council Regulation (EC) No 1954/2003 of 4 November 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 Regulations (EC) No 685/95 and (EC) No 2027/95 (OJ L 289, 7.11.2003, p. 1).
( 9 ) Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions (OJ L 102, 7.4.2004, p. 9).
( *1 ) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 23)".