(2a)

Simplification of the existing rules is necessary for a better understanding and compliance by operators, national authorities and stakeholders. The consultation process of the Advisory Councils should be respected in accordance with Regulation (EU) No 1380/2013, and attention should be paid to ensure that all objectives on conservation and sustainability are fully respected.

(2b)

Simplification of the current rules on technical measures should not result in a weakening of the standards of conservation and sustainability.

(3)

There is a need to develop a framework for the regulation of technical measures. That framework should establish general rules to apply across all Union waters and provide for the creation of technical measures that take account of the regional specificities of fisheries through the process of regionalisation introduced by the CFP.

(3)

There is a need to develop a framework for the regulation of technical measures. That framework should establish general rules to apply across all Union waters and provide for the creation of technical measures that take account of the regional specificities of fisheries through the process of regionalisation introduced by the CFP. That process should make it possible to combine effectively the common rules and local situations and situations per zone. However, the process should not result in a kind of renationalisation of the CFP, and it is important that the Advisory Councils should continue to ensure that regionalisation takes place under a Union approach in accordance with Recital 14 of Regulation (EU) No 1380/2013.

(4)

The framework should cover the taking and landing of fisheries resources as well as the operation of fishing gears and the interaction of fishing activities with marine ecosystems.

(4)

The framework should cover the taking and landing of fisheries resources as well as the operation of fishing gears and the interaction of fishing activities with marine ecosystems and also take into account socio-economic dynamics .

(6)

Technical measures where relevant should apply to recreational fisheries which can have a significant impact on the stocks of fish and shellfish species.

(6)

Recreational fisheries can have a significant impact on the marine environment, stocks of fish and other species , and should therefore be subject to technical measures .

(6a)

Fish caught by recreational anglers (hook and line fishing) are released with a high survival rate, until proven otherwise by scientific evidence.

(6b)

The landing obligation applies, pursuant to Regulation (EU) No 1380/2013, to all catches of species which are subject to catch limits. However, where specimens of those species are caught and immediately released in recreational fisheries and scientific evidence demonstrates high survival rates for those species, as may be the case for fish caught by recreational fishermen using angling equipment, it should be possible to exclude the fisheries concerned from the landing obligation by applying procedures set out in that Regulation, in particular by adopting measures to that effect under multiannual plans and/or discard plans.

(7)

Technical measures should contribute to achieving the CFP objectives to fish at maximum sustainable yield levels, reduce unwanted catches and eliminate discards and to contribute to the achievement of good environmental status (GES) as set out in Directive 2008/56/EC of the European Parliament and of the Council  (18).

(7)

Technical measures should contribute to achieving the CFP objectives.

(7a)

Technical measures should be proportionate to the objectives pursued. Their potential economic and social impact should be considered before they are adopted.

(7b)

The enforcement and implementation of technical measures, operational programmes and, where relevant, the issuing of licences, restrictions on the construction and operation of vessels and certain gear, should not be prejudicial to achieving better health and safety standards for vessels conducting fishing operations and fishing activities.

(7c)

Technical measures adopted under this Regulation should be coherent with the Strategic Plan for Biodiversity 2011 — 2020, adopted under the UN Convention on Biological Diversity, and support the implementation of the EU 2020 Biodiversity Strategy, in particular the target to ensure the sustainable use of fisheries resources and the actions relating thereto.

(8)

Technical measures should specifically provide protection for juveniles and spawning aggregations of fish through the use of selective fishing gears and avoidance measures. Technical measures should also minimise and eliminate where possible, the impacts of fishing gears on the marine ecosystem and in particular on sensitive species and habitats. They should also contribute to having in place management measures for the purposes of complying with obligations under Council Directive 92/43/EEC (19), Directive 2009/147/EC of the European Parliament and of the Council (20) and Directive 2008/56/EC.

(8)

Technical measures should specifically contribute to the protection of juveniles and spawning aggregations of fish through the use of selective fishing gears and avoidance measures. Technical measures should also contribute to minimising and, where possible, eliminating the negative impacts of fishing gears on the marine ecosystem and in particular on sensitive species and habitats. Incentives should be granted to encourage the use of gear and practices that have a low impact on the environment. Technical measures should also contribute to having in place management measures for the purposes of complying with obligations under Council Directive 92/43/EEC (19), Directive 2009/147/EC of the European Parliament and of the Council (20) and Directive 2008/56/EC.

(8a)

The incidental catching of sensitive species should be addressed in a comprehensive manner across all fisheries and gear types in view of the strict level of protection they are afforded under Directives 92/43/EEC, 2009/147/EC and 2008/56/EC, their high level of vulnerability and the obligation to achieve a good environmental status by 2020.

(9)

To evaluate the effectiveness of technical measures, targets relating to the levels of unwanted catches; to the level of bycatches of sensitive species and to the extent of seabed habitats adversely affected by fishing; should be established that reflect the objectives of the CFP, Union environmental legislation (in particular Council Directive 92/43 and Directive 2000/60/EC of the European Parliament and of the Council) (21) , and international best practice .

(9)

To evaluate the effectiveness of technical measures, performance indicators relating to the reduction of catches of fish below the minimum conservation reference size and incidental catches of sensitive species as well as to the reduction of negative environmental impacts on marine habitats as a result of fishing should be established that reflect the objectives of the CFP and Union environmental legislation (in particular Directive 92/43 /EEC, Directive 2009/147/EC and Directive 2000/60/EC of the European Parliament and of the Council) (21).

(9a)

Member States should make the broadest possible use of the available measures in Regulation (EU) No 508/2014 of the European Parliament and of the Council  (1a) to support fishermen in implementing technical measures and ensure that the socio-economic objectives of the CFP are taken into account.

(11)

Certain destructive fishing gears or methods which use explosives, poisons, stupefying substances, electric current, pneumatic hammers or other percussive instruments; towed devices and grabs for harvesting red coral or other type of corals and coral-like species and certain spear-guns should be prohibited except in the specific case of the electric pulse trawl which may be used under certain strict conditions .

(11)

Certain destructive fishing gears or methods which use explosives, poisons, stupefying substances, electric current, pneumatic hammers or other percussive instruments; towed devices and grabs for harvesting red coral or other type of corals and coral-like species and certain spear-guns should be prohibited. In this regard it is necessary to ensure that there is appropriate knowledge about the impacts of innovative fishing gear including cumulative effects, before use of the gear is widely adopted. Additionally, a system for monitoring, control and evaluation should be in place, serving for enforcement and research as well as evaluation purposes. Finally, current licences should be made subject to scientific reassessment, before being given a permanently ‘non-prohibited’ status.

(11a)

There is a need for detailed and quantified knowledge concerning the impacts of innovative fishing gear including their cumulative effects on the marine environment and species, before their use is widely adopted on a commercial scale. An effective programme of monitoring and evaluation should be established.

(15)

For certain rare fish species , such as species of sharks and rays, even limited fishing activity could result in a serious risk to their conservation. To protect such species a general prohibition on fishing for them should be introduced.

(15)

For certain fish species that are rare or whose biological characteristics make them especially vulnerable to overexploitation, even limited fishing activity could result in a serious risk to their conservation. To protect such species a general prohibition on fishing for them should be introduced.

(21)

In order to assist the catching sector implement the landing obligation, Member States should put in place measures to facilitate the storage and the finding of outlets for marine species which are below the minimum conservation reference size. These measures should include support for investment in the construction and adaptation of landing sites and shelters or support for investment to add value to fishery products.

(21)

In order to assist the catching sector with the implementation of , and ensure a level playing field by having full compliance with, the landing obligation, Member States should put in place measures to facilitate the storage and the finding of outlets for marine species which are below the minimum conservation reference size. These measures should include support for investment in the construction and adaptation of landing sites and shelters or support for investment to add value to fishery products.

(23)

In cases where scientific advice indicates that there are significant unwanted catches of species which are not subject to catch limits and therefore not subject to the application of the landing obligation , Member States should carry out pilot projects with the aim of exploring ways to reduce such catches and with a view to introducing appropriate technical measures to achieve this aim.

(23)

In cases where scientific advice indicates that there are significant unwanted catches of species, Member States should carry out pilot projects with the aim of exploring ways to reduce such catches and with a view to introducing appropriate technical measures to achieve this aim.

(24)

Where no technical measures are in place at regional level then defined baseline standards should apply. Those baseline standards should be derived from existing technical measures, taking account of STECF advice and the opinions of stakeholders. They should consist of baseline mesh sizes for towed gears and static nets, minimum conservation reference sizes, closed or restricted areas, nature conservation measures to mitigate against bycatches of marine mammals and seabirds in certain areas and any other regionally specific measures currently in existence that are still required to ensure conservation objectives continue to be met until such times measures are put in place under regionalisation.

(24)

Where no technical measures are in place at regional level, defined baseline standards should apply. Those baseline standards should be derived from existing technical measures, taking account of STECF advice and the opinions of stakeholders. They should consist of baseline mesh sizes for towed gears and static nets, minimum conservation reference sizes, closed or restricted areas, nature conservation measures to minimise, and, where possible, eliminate incidental catches of marine mammals and seabirds in certain areas and any other regionally specific measures currently in existence that are still required to ensure conservation objectives continue to be met until such times measures are put in place under regionalisation.

(25)

Member States in conjunction with stakeholders can develop joint recommendations for appropriate technical measures that deviate from the baselines in accordance with the regionalisation process set out in the CFP.

(25)

Member States, in close cooperation with the relevant Advisory Councils, should be able to develop joint recommendations for appropriate technical measures , based on the best available scientific advice, that deviate from the baselines to adapt the technical measures to regional specificities of fisheries in accordance with the regionalisation process set out in the CFP , even if there is no multiannual plan .

(26)

Such regional technical measures should as a minimum be equivalent in terms of exploitation patterns and protection for sensitive species and habitats as the baseline standards.

(26)

Regionalisation should be used to create tailor-made measures that consider the specificities of each fisheries area including safeguarding their sensitive species and habitats. Such regional technical measures should be sustainable and as a minimum ensure the same exploitation patterns and level of protection as the baseline standards. The adoption of any regional technical measure should be based on the best available scientific advice.

(26a)

Decisions taken by regional groups of Member States under regionalisation should meet the same standards of democratic oversight as those in the Member States concerned.

(26b)

Regionalisation should be used as a tool to encourage the participation of all relevant stakeholders, including non-governmental organisations, and empower fishermen and their engagement so that they can work in close cooperation with Member States, Advisory Councils and scientists, to create tailor-made measures that consider the specificities of each fishing area and safeguard their environmental conditions.

(27a)

Where there is a direct management interest concerning a single Member State, proposals for individual technical measures may be submitted, to modify existing conservation measures, subject to consultation of the relevant Advisory Councils.

(28)

In developing joint recommendations to adopt alternative size and species selective gears to the baseline mesh sizes in multiannual plans regional groups of Member States should ensure that such gears result in, as a minimum, similar or improved selectivity patterns as the baseline gears.

(28)

In developing joint recommendations to adopt alternative size and species selective gears to the baseline mesh sizes, regional groups of Member States should ensure that such gears result in, as a minimum, similar or improved selectivity patterns as the baseline gears.

(29)

In developing joint recommendations to amend or establish new closed or restricted areas in multiannual plans to protect juveniles and spawning aggregations, regional groups of Member States should define the specifications, extent, duration, gear restrictions and control and monitoring arrangements in their joint recommendations.

(29)

In developing joint recommendations to amend or establish new closed or restricted areas to protect juveniles and spawning aggregations, regional groups of Member States should define the specifications, extent, duration, gear restrictions and control and monitoring arrangements in their joint recommendations.

(30)

In developing joint recommendations to amend or establish minimum conservation reference sizes in multiannual plans , regional groups of Member States should ensure the objectives of the CFP are not jeopardised by ensuring that the protection of juveniles of marine species should be respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.

(30)

In developing joint recommendations to amend or establish minimum conservation reference sizes, regional groups of Member States should contribute to achieving the objectives of the CFP by ensuring that the protection of juveniles of marine species is fully respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.

(31)

The creation of real-time closures in conjunction with moving-on provisions as an additional measure for the protection of juveniles or spawning aggregations should be allowed as an option to be developed under joint recommendations. The conditions for the establishment and lifting of such areas as well as the control and monitoring arrangements should be defined in the relevant joint recommendations.

(31)

The creation of real-time closures in conjunction with moving-on provisions as an additional measure for the protection of juveniles or spawning aggregations or sensitive species should be allowed as an option to be developed under joint recommendations. The conditions for the establishment and lifting of such areas , including exemptions where appropriate, as well as the control and monitoring arrangements should be defined in the relevant joint recommendations.

(32)

On the basis of scientific assessment of the impacts of innovative gears, duly evaluated by the STECF, the use of such or extension to the use of novel gears , such as the electric pulse trawl could be included as an option in joint recommendations from regional groups of Member States. The use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative impacts on sensitive habitats and non-target species.

(32)

On the basis of scientific assessment of the impacts of innovative gears, duly evaluated by the STECF, including the potential negative impact of certain gears, the use or the extension of use of innovative gears could be included as an option in joint recommendations from regional groups of Member States. The use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative direct or cumulative impacts on marine habitats, especially sensitive habitats or non-target species , or compromise the achievement of a good environmental status of marine waters .

(32a)

Regional groups should develop additional mitigation measures based on gear type, using scientific advice and best practice to minimise and, where possible, eliminate bycatches of seabirds and marine mammals, aligned with Council Directive 92/43/EEC and Council Directive 79/409/EEC  (1a) and the Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas of 17 March 1992, as amended (ASCOBANS).

(33)

In order to minimise the bycatches of sensitive species and impacts of fishing gears on sensitive habitats, regional groups of Member States should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats. Where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then Member States should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region. In particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds.

(33)

In order to minimise and, where possible, eliminate the incidental catches of sensitive species and impacts of fishing gears on sensitive habitats, regional groups of Member States should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats. Where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then Member States should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region to safeguard the marine environment, local fish stocks and the local coastal communities concerned . In particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds.

(35)

In order to maintain existing detailed recommendations agreed by the North East Atlantic Fisheries Commission (NEAFC) the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of lists of vulnerable marine ecosystems and also specific technical measures related to defined measures to protect blue ling and redfish. The Commission should also be empowered to adopt delegated acts in respect of the incorporation into Union law of future amendments of those measures adopted by NEAFC which form the subject matter of certain expressly defined non-essential elements of this Regulation and which become binding upon the Union in accordance with the terms of this Convention. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

(36)

In order not to hinder scientific research, artificial restocking and transplantation, the provisions of this Regulation should not apply to operations which may be necessary for the conducting of such activities.

(36)

In order not to hinder scientific research, direct restocking and transplantation, the provisions of this Regulation should not apply to operations which may be necessary for the conducting of such activities.

(37)

Where available scientific advice indicates that immediate action is required to protect marine species, the Commission should be able in duly justified cases to adopt immediately applicable delegated acts establishing technical measures to alleviate such threats, in addition to or by way of derogation to this Regulation or technical measures otherwise fixed in accordance with Union law. Those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock, to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks which may threaten the status of a stock. They could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods.

(37)

Where the best available scientific advice indicates that immediate action is required to protect marine species and habitats , the Commission should be able in duly justified cases to adopt immediately applicable delegated acts establishing technical measures to alleviate such threats, in addition to or by way of derogation to this Regulation or technical measures otherwise fixed in accordance with Union law. Those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock, or incidental catches of sensitive species, to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks or sensitive species, which may threaten the status of a stock , as well as to address deterioration of species populations and habitats due to fishing impacts and to provide for any other necessary conservation measures. Such measures could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods.

(38)

The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to update the list of fish and shellfish for which directed fishing is prohibited; to update the list of sensitive areas where fishing should be restricted; to adopt technical measures as part of multiannual plans; and to adopt technical measures as part of temporary discard plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(38)

The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to define, for the purpose of establishing performance indicators for technical measures in relation to catches of fish below the minimum conservation reference size, key fisheries and the levels of such catches that apply to those key fisheries, to update the list of fish and shellfish for which directed fishing is prohibited; to update the list of sensitive areas where fishing should be restricted; to adopt technical measures as part of multiannual plans or, where necessary, outside the framework of multiannual plans; and to adopt technical measures as part of temporary discard plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and based on STECF assessment . 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 to the Council.

(40)

By the end of 2020 and every third year thereafter the Commission should report to the European Parliament and to the Council on the implementation of this Regulation, on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF. This report should assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives and in reaching the targets of this Regulation. On the basis of that report, where at regional level there is evidence that the objectives and targets have not been met, Member States within that region should submit a plan setting out the corrective actions to be taken to ensure those objectives and targets can be met. The Commission should also propose to the European Parliament and to the Council any necessary amendments to this Regulation on the basis of that report.

(40)

By … [three years after the date of entry into force of this Regulation] and every third year thereafter the Commission should report to the European Parliament and to the Council on the implementation of this Regulation, on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF. This report should assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives and in reaching the performance indicator levels of this Regulation. On the basis of that report, where at regional level there is evidence that the objectives have not been met or that the performance indicators remain at an unsatisfactory level , Member States within that region should submit a plan setting out the corrective actions to be taken to ensure those objectives can be met and to improve the performance indicator levels . The Commission should also propose to the European Parliament and to the Council any necessary amendments to this Regulation on the basis of that report.

(42)

Council Regulations (EC) No 1967/2006 (29), (EC) No 1098/2007 (30), (EC) No 1224/2009 (31) and Regulations (EU) No 1343/2011  (32) and (EU) No 1380/2013 (33) of the European Parliament and of the Council should be amended accordingly.

(42)

Council Regulations (EC) No 1967/2006 (29), (EC) No 1098/2007 (30), (EC) No 1224/2009 (31) and Regulation (EU) No 1380/2013 (33) of the European Parliament and of the Council should be amended accordingly.

(43)

In order to supplement or amend existing detailed rules transposing recommendations agreed by the General Fisheries Commission for the Mediterranean (GFCM) the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of technical measures in Regulation (EU) No 1343/2011. The Commission should also be empowered to adopt delegated acts in respect of the incorporation into Union law of future amendments of those measures adopted by GFCM which form the subject matter of certain expressly defined non-essential elements of this Regulation and which become binding upon the Union in accordance with the terms of the GFCM Agreement. Regulation (EU) No 1343/2011 should be amended accordingly. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

(b)

the operation of fishing gears and the interaction of fishing activities with marine ecosystems .

(b)

the operation of fishing gears.

(ba)

the interaction of those gears with marine ecosystems.

(a)

optimise exploitation patterns to provide protection for juveniles and spawning aggregations of marine species;

(a)

ensuring sustainable exploitation patterns to provide protection for juveniles and spawning aggregations of marine species; and providing appropriate safeguards;

(b)

ensure that bycatches of marine species listed under Directives 92/43/EEC and 2009/147/EC and other sensitive species that result from fishing are minimised and where possible eliminated such that they do not represent a threat to the conservation status of these species ;

(b)

ensuring that incidental catches of sensitive marine species , in particular those listed under Directives 92/43/EEC and 2009/147/EC, that result from fishing are minimised and where possible eliminated;

(c)

ensure that the environmental impacts of fishing on marine habitats are minimised and where possible eliminated such that they do not represent a threat to the conservation status of those habitats ;

(c)

ensuring, including by using appropriate incentives, that the negative environmental impacts of fishing on marine habitats are minimised and where possible eliminated;

(d)

contribute to having in place fisheries management measures for the purposes of complying with the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC and 2000/60/EC.

(d)

having in place fisheries management measures for the purposes of complying with the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC and 2000/60/EC.

(da)

ensuring that the conditions described in Descriptors 1, 3, 4 and 6 of Commission Decision 2010/477/EU are fulfilled.

(a)

ensure that catches of marine species below minimum conservation reference sizes do not exceed 5 % by volume in accordance with Article 2(2) and Article 15 of Regulation (EU) No 1380/2013.

(a)

the extent to which catches of marine species below minimum conservation reference sizes are progressively reduced to specific levels for key fisheries;

(b)

ensure that bycatches of marine mammals, marine reptiles, seabirds and other non-commercially exploited species do not exceed levels provided for in Union legislation and international agreements.

(b)

the extent to which incidental catches of marine mammals, marine reptiles, seabirds and other non-commercially exploited species are progressively reduced and, where possible, eliminated;

(c)

ensure that the environmental impacts of fishing activities on seabed habitats do not exceed the levels needed to achieve good environmental status for each habitat type assessed in the framework of Directive 2008/56/EC in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved.

(c)

the extent to which the negative environmental impacts of fishing activities on marine habitats, including sensitive seabed habitats , are minimised and maintained below the levels needed to achieve good environmental status , in particular for each of the habitat types assessed in the framework of Directive 2008/56/EC, in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved.

(a)

the key fisheries referred to in that point;

(b)

the levels of current catches of marine species below minimum conservation reference sizes for each of those key fisheries, based on data supplied by Member States for the reference years 2013-2015;

(c)

the specific levels to which catches of marine species below minimum conservation reference sizes for each of those key fisheries are to be reduced in order to achieve the objective of ensuring sustainable exploitation patterns and to provide protection for juveniles.

(a)

‘North Sea’ means ICES divisions (34) IIa, IIIa and IV;

(a)

‘North Sea’ means Union waters in ICES divisions (34) IIa, IIIa and IV;

(c)

‘North Western waters’ means ICES sub-areas V (excluding Va and non-Union waters of Vb) , VI and VII;

(c)

‘North Western waters’ means Union waters in ICES sub-areas V , VI and VII;

(g)

‘ Outermost Regions’ means 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 and Indian Ocean ;

(g)

‘ Union waters in the Indian Ocean and the West Atlantic’ means waters around Guadeloupe, French Guyana, Martinique, Mayotte, Réunion and Saint Martin under the sovereignty or jurisdiction of a Member State .

(1)

‘exploitation pattern’ means how fishing pressure is distributed across the age profile of a stock;

(1)

‘exploitation pattern’ means how fishing mortality is distributed across the age and size profile of a stock;

(2)

‘selectivity’ means a quantitative expression represented as a probability of capture of a certain size of fish in a certain size of mesh (or hook) ;

(2)

‘selectivity’ means the probability of capture of a certain species or size of fish with certain gear characteristics ;

(3)

(4)

‘directed fishing’ means fishing for a defined species or combination of species where the total catch of that/those species makes up more than 50 % of the economic value of the catch ;

(4)

‘directed fishing’ means fishing effort targeted towards a specific species or group of species where the exact composition varies across fisheries and the specific rules governing the minimum technical specifications of mesh sizes and selective devices by fishery is established at regional level ;

(5a)

(5b)

(7)

‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size and population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV of Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status under Directive 2008/56/EC;

(7)

‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size or population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV of Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status under Directive 2008/56/EC;

(8)

‘small pelagic species’ means mackerel, herring, horse mackerel, anchovy, sardine, blue whiting, argentine, sprat, boarfish;

(8)

‘small pelagic species’ means inter alia mackerel, herring, horse mackerel, anchovy, sardine, blue whiting, argentine, sprat, boarfish , bogue, Sardinella aurita and Sardinella maderensis ;

(9a)

(10)

‘Advisory Councils’ means stakeholder groups established under the CFP to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives of the CFP ;

(10)

‘Advisory Councils’ means stakeholder groups established under Article 43 of Regulation (EU) No 1380/2013, conducting their activity according to Article 44 and 45 of and Annex III to that Regulation ;

(11)

‘trawl’ means fishing gear which is actively towed by one or more fishing vessels and consisting of a net having a cone- or pyramid-shaped body (as trawl body) closed at the back by a codend; ‘towed gear’ means any trawls, Danish seines and similar gear with a cone- or pyramid shaped body closed at the back by a bag (codend) or comprising two long wings, a body and a bag (codend) and which are actively moved in the water ;

(11)

‘trawl’ means a fishing gear comprising a net which is actively towed by one or more fishing vessels and closed at the back by a bag (codend);

(11a)

(12)

‘demersal trawl’ means a trawl designed and rigged to operate on or near the seabed;

(12)

‘demersal bottom trawl’ means a trawl designed and rigged to operate on or near the seabed;

(13)

‘demersal pair trawl’ means a  demersal trawl towed by two boats simultaneously, one towing each side of the trawl. The horizontal opening of the trawl is maintained by the distance between the two vessels as they tow the gear;

(13)

‘demersal pair bottom trawl’ means a  bottom trawl towed by two boats simultaneously, one towing each side of the trawl. The horizontal opening of the trawl is maintained by the distance between the two vessels as they tow the gear;

(15)

‘beam trawl’ means gear with a trawl net open horizontally by a  steel or wooden tube, the beam, and netting with ground chains, chain mats or tickler chains actively towed on the bottom ;

(15)

‘beam trawl’ means gear with a trawl net open horizontally by a  beam, wings or other similar devices ;

(16)

‘electric pulse trawl’ means a  fishing technique which uses an electric field to catch fish. The pulse trawl gear consists of a number of electrodes, attached to the gear in the towing direction, that emit short electric pulses ;

(16)

‘electric pulse trawl’ means a  trawl which uses electric pulse current to catch marine biological resources ;

(17a)

(20)

‘static nets’ means any type of gillnet, entangling net or trammel net that is either anchored to the seabed (gill nets or set nets) or allowed to drift with the tide (drift nets) for fish to swim into and become entangled or enmeshed in the netting;

(20)

‘static nets’ means any type of gillnet, entangling net or trammel net that is anchored to the seabed (gill nets or set nets) for fish to swim into and become entangled or enmeshed in the netting;

(21)

‘driftnet’ means a net made up of one or more walls of netting, hung jointly in parallel on the headline(s), held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift such as a sea-anchor or an anchor on the bottom attached at one single end of the net ;

(21)

‘driftnet’ means a net held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift;

(22)

‘ bottom-set gillnet’ means a net made up of a single piece of net and held vertically in the water by floats and weights . It catches living aquatic resources by enmeshing them and is fixed, or capable of being fixed by any means to the seabed ;

(22)

‘gillnet’ means a  static net made up of a single piece of net and held vertically in the water by floats and weights;

(23)

‘ bottom-set entangling net’ means a  single wall of netting rigged so that the netting is hung onto the ropes to create a greater amount of slack netting than a gillnet . Entangling nets usually have less floatation on the head rope and do not stand as high when fishing, as the average bottom set gill net and are fixed, or capable of being fixed by any means to the seabed ;

(23)

‘entangling net’ means a  static net consisting of a wall of netting rigged so that the netting is hung onto the ropes to create a greater amount of slack netting than a gillnet;

(24)

‘ bottom-set trammel net’ means a net made up of two or more layers of netting with two outer layers of a large mesh size with a sheet of fine small mesh sandwiched between them and is fixed, or capable of being fixed by any means to the seabed ;

(24)

‘trammel net’ means a  static net made up of two or more layers of netting with two outer layers of a large mesh size with a sheet of small mesh sandwiched between them;

(26)

‘longline’ means a fishing gear consisting of a main line , sometimes of considerable length, to which snoods with baited or unbaited hooks are fixed at regular intervals. The main line is anchored either horizontally on or near the bottom, vertically or can be allowed to drift on the surface;

(26)

‘longline’ means a fishing gear consisting of a main line of variable length, to which branch lines (snoods) with hooks are fixed at intervals determined by the target species . The main line is anchored either horizontally on or near the bottom, vertically or can be allowed to drift on the surface;

(27)

‘pots and creels’ means traps in the form of cages or baskets made with various materials designed to catch crustaceans or fish that are set on the seabed either singly or in rows connected by ropes (buoy-lines) to buoys on the surface showing their position and having one or more openings or entrances;

(27)

‘pots and creels’ means traps in the form of cages or baskets designed to catch crustaceans , molluscs or fish that are set on the seabed or suspended on it, either singly or in rows connected by ropes (buoy-lines) to buoys on the surface showing their position and having one or more openings or entrances;

(28)

‘handline’ means a fishing technique where a single fishing line is held in the hands. One or more lures or baited hooks are attached to the line ;

(28)

‘handline’ means a single hand-held fishing line to which one or more lures or baited hooks are attached;

(29)

‘St Andrews cross’ means a grab which employs a scissor-like action to harvest for example bivalve molluscs or red coral from the seabed;

(29)

‘St Andrews cross’ means a grab which may employ a scissor-like action to harvest for example bivalve molluscs or red coral from the seabed;

(30)

‘codend’ means the rearmost part of the trawl, having either a cylindrical shape, i.e. the same circumference throughout, or a tapering shape. Made up of one or more panels (pieces of netting) of the same mesh size attached to one another along their sides in the axis of the trawl by a seam where a side rope may be attached. For regulatory purposes this shall be taken as the last 50 meshes of the net;

(30)

‘codend’ means the rearmost part of the trawl, having either a cylindrical shape, i.e. the same circumference throughout, or a tapering shape. Made up of one or more panels (pieces of netting) attached to one another along their sides. For regulatory purposes this shall be taken as the last 50 meshes of the net;

(31)

‘mesh size’ means the mesh size of any codend of a towed gear as measured in accordance with the procedure set out in Commission Regulation (EC) No 517/2008  (40) ;

(31)

‘mesh size’ means:

(a)

in knotted nets: the greatest distance between two opposite knots on the same mesh when it is fully extended;

(b)

in knotless nets: the greatest distance between two opposite corners along the longest axis on the same mesh when it is fully extended;

(32)

‘square mesh’ means the mesh shape originating from mounting netting with 45o deviation from the N-direction such that the bars run parallel and at 90o to the trawl axis;

(32)

‘square mesh’ means a four-sided mesh consisting of two sets of parallel bars with the same nominal length, where one set is parallel, and the other is at a right angle to the longitudinal axis of the net ;

(33)

‘diamond mesh’ means normal rhomboid shape of meshes in sheet netting;

(33)

‘diamond mesh’ means four bars of the same length, in which the diagonals of the mesh are perpendicular and one diagonal is parallel to the longitudinal axis of the netting;

(36)

(38)

‘immersion time’ means the period from the point of time when the nets are first put in the water until the point of time when the nets are fully recovered on board the fishing vessel;

(38)

‘immersion time’ means the period from the point of time when a gear is first put in the water until the point of time when it is fully recovered on board the fishing vessel;

(39)

‘gear monitoring sensors’ means remote electronic sensors that can be placed on trawls or purse seine to monitor key performance parameters such as the distance between trawl doors or size of the catch;

(39)

‘gear monitoring sensors’ means remote electronic sensors that are attached to monitor key parameters such as the distance between trawl doors or volume of the catch;

(39a)

(40)

‘acoustic deterrent device’ means remote devices used to make species such as marine mammals aware and warn them of the presence of fishing gears by emitting acoustic signals ;

(40)

‘acoustic deterrent device’ means remote devices that emit acoustic signals to deter species such as marine mammals from fishing gears;

(42)

‘high grading’ means the practice of discarding low priced fish that are subject to catch limits, even though they could have been legally landed, so as to maximise the total economic or monetary value of the fish brought back to harbour.

(42)

‘high grading’ means the practice of discarding low priced fish that are subject to catch limits, even though they should have been legally landed, so as to maximise the total economic or monetary value of the fish brought back to harbour;

(43a)

(45a)

(b)

electric current except for the use of the electric pulse trawl as set out in Article 24 and Part E of Annex V ;

(b)

electric current;

(g)

any type of projectile;

(g)

any type of projectile , with the exception of those used to kill caged or trapped tuna and of handheld spears and spear guns used in recreational fishing without an aqualung, from dawn until dusk ;

—

Albacore (Thunnus alalunga),

(a)

specific derogations as specified in Annex V Part C point 6, Annex VI Part C points 6 and 9 and Annex VII Part C point 4 shall apply where the charted depth is between 200 and 600 metres;

(b)

the deployment of bottom set gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres shall be allowed in the fishing zone defined in point (e) of Article 5.

(a)

ensuring the protection of juveniles of marine species pursuant to Article 15(11) and 15(12) of Regulation (EU) No 1380/2013;

(a)

ensuring the protection of juveniles of marine species so that the majority of the fish caught have reached spawning age before being caught and pursuant to Article 15(11) and 15(12) of Regulation (EU) No 1380/2013;

(aa)

prohibiting the placing on the market for human consumption of juveniles of marine species pursuant to point (b) of Article 2(5) and Article 15(11) of Regulation (EU) No 1380/2013;

(g)

in Annex XI for the Outermost Regions .

(g)

in Annex XI for the Union waters in the Indian Ocean and the West Atlantic .

(a)

aim at achieving the objectives set out in Article 3 of this Regulation, taking particular account of the performance indicators set out in Article 4 hereof;

(b)

be guided by the principles of good governance set out in Article 3 of Regulation (EU) No 1380/2013;

(c)

provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact, including through the allocation of fishing opportunities; and

(d)

be at least equivalent to the measures referred to in paragraph 1 or, in the case of rules on mesh sizes, to the measures applicable on… [the day before the date of entry into force of this Regulation] in terms of exploitation patterns and the level of protection provided for sensitive species and habitats.

(a)

amend or supplement the measures set out in Annexes V to XI;

(b)

derogate from the measures set out in Annexes V to XI for a specific area or time period, provided it can be demonstrated that those measures have no conservation benefit in that area or period or that the alternative measures achieve the same objectives.

(a)

aim at achieving the objectives and targets set out in Articles 3 and 4 of this Regulation;

(b)

be guided by the principles of good governance set out in Article 3 of Regulation (EU) No 1380/2013; and

(c)

provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact through the allocation of fishing opportunities.

1.

When Member States submit joint recommendations in accordance with Article 19 to amend or establish minimum conservation reference sizes listed in Part A of Annexes V to X they shall respect the objective of ensuring the protection of juveniles of marine species.

1.

When Member States submit joint recommendations in accordance with Article 18 to amend or establish minimum conservation reference sizes listed in Part A of Annexes V to X they shall respect the objective of ensuring the protection of juveniles of marine species. Joint recommendations shall be based on the best available scientific evidence and shall take into account biological grounds, in particular the maturity size of the species. Joint recommendations shall not jeopardise the control and enforcement provisions relating to the landing and marketing of fishery products.

1a.

—

provide information on the effectiveness of existing mitigation measures and monitoring arrangements;

(da)

derogations adopted on the basis of Article 15(4) of Regulation (EU) No 1380/2013;

(a)

transpose into Union law certain technical measures agreed by the North East Atlantic Fisheries Commission (NEAFC), including lists of vulnerable marine ecosystems and specific technical measures related to fisheries for blue ling and redfish defined in NEAFC Recommendations 05:2013, 19:2014, 01:2015, 02:2015; and

(b)

adopt other technical measures supplementing or amending certain non-essential elements of legislative acts which transpose NEAFC recommendations.

(b)

they are sold for purposes other than direct human consumption.

(b)

in the case of fish below the minimum conservation reference size,  they are sold for purposes other than direct human consumption.