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Document 02019R1022-20190814
Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014
Consolidated text: Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014
Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014
02019R1022 — EN — 14.08.2019 — 001.001
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REGULATION (EU) 2019/1022 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 (OJ L 172 26.6.2019, p. 1) |
Amended by:
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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 |
REGULATION (EU) 2019/1022 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 June 2019
establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
This Regulation applies to the following stocks:
blue and red shrimp (Aristeus antennatus) in GFCM subareas 1, 5, 6 and 7;
deep-water rose shrimp (Parapenaeus longirostris) in GFCM subareas 1, 5, 6 and 9-10-11;
giant red shrimp (Aristaeomorpha foliacea) in GFCM subareas 9-10-11;
European hake (Merluccius merluccius) in GFCM subareas 1-5-6-7 and 9-10-11;
Norway lobster (Nephrops norvegicus) in GFCM subareas 5, 6, 9 and 11;
red mullet (Mullus barbatus) in GFCM subareas 1, 5, 6, 7, 9, 10 and 11.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply in addition to those laid down in Article 4 of Regulation (EU) No 1380/2013, Article 4 of Council Regulation (EC) No 1224/2009 ( 1 ) and Article 2 of Regulation (EC) No 1967/2006:
‘western Mediterranean Sea’ means the waters in GFCM geographical sub-areas (GSAs) 1 (Northern Alboran Sea), 2 (Alboran Island), 5 (Balearic Islands), 6 (Northern Spain), 7 (Gulf of Lions), 8 (Corsica Island), 9 (Ligurian and North Tyrrhenian Sea), 10 (South Tyrrhenian Sea) and 11 (Sardinia Island), as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council ( 2 );
‘the stocks concerned’ means the stocks listed in Article 1(2);
‘most vulnerable stock’ means the stock for which, at the time of the setting of the maximum allowable fishing effort, the fishing mortality of the previous year is the furthest from the FMSY point value determined in the best available scientific advice;
‘range of FMSY’ means a range of values provided for in the best available scientific advice, in particular by STECF, or a similar independent scientific body recognised at Union or international level, where all levels of fishing mortality within that range result in maximum sustainable yield (MSY) in the long term with a given fishing pattern and under current average environmental conditions, without significantly affecting the reproduction process for the stocks in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the MSY. It is capped so that the probability of the stock falling below the limit reference point (BLIM) is no more than 5 %;
‘FMSY point value’ means the value of the estimated fishing mortality that, with a given fishing pattern and under current average environmental conditions, gives the long-term maximum yield;
‘MSY FLOWER’ means the lowest value within the range of FMSY;
‘MSY FUPPER’ means the highest value within the range of FMSY;
‘lower range of FMSY’ means a range that contains values from MSY FLOWER to FMSY point value;
‘upper range of FMSY’ means a range that contains values from FMSY point value to MSY FUPPER;
‘BLIM’ means the limit reference point, expressed as spawning stock biomass and provided for in the best available scientific advice, in particular by STECF, or a similar independent scientific body recognised at Union or international level, below which there may be reduced reproductive capacity;
‘BPA’ means the precautionary reference point, expressed as spawning stock biomass and provided for in the best available scientific advice, in particular by STECF, or a similar independent scientific body recognised at Union or international level, which ensures that the spawning stock biomass has less than 5 % probability of being below BLIM;
‘fishing effort group’ means a fleet management unit of a Member State for which a maximum allowable fishing effort is set;
‘stock group’ means a group of stocks caught together as set out in Annex I;
‘fishing day’ means any continuous period of 24 hours, or part thereof, during which a vessel is present in the western Mediterranean Sea and absent from port.
Article 3
Objectives
In particular, the plan shall aim to:
ensure that the conditions described in descriptor 3 set out in Annex I to Directive 2008/56/EC are fulfilled;
contribute to the fulfilment of other relevant descriptors contained in Annex I to Directive 2008/56/EC in proportion to the role played by fisheries in their fulfilment; and
contribute to the achievement of the objectives set out in Articles 4 and 5 of Directive 2009/147/EC and Articles 6 and 12 of Directive 92/43/EEC, in particular to minimise the negative impact of fishing activities on vulnerable habitats and protected species.
CHAPTER II
TARGETS, CONSERVATION REFERENCE POINTS AND SAFEGUARDS
Article 4
Targets
Notwithstanding paragraphs 1 and 3, maximum allowable fishing effort may be set above the range of FMSY available at that time for the most vulnerable stock, provided that all stocks concerned are above the BPA:
if, on the basis of the best available scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed fisheries;
if, on the basis of the best available scientific advice or evidence, it is necessary to avoid serious harm to a stock caused by intra- or inter-species stock dynamics; or
in order to limit variations in maximum allowable fishing effort between consecutive years to not more than 20 %.
Article 5
Conservation reference points
For the purposes of Article 6, the following conservation reference points shall be requested, in particular from STECF, or a similar independent scientific body recognised at Union or international level, on the basis of the plan:
precautionary reference points, expressed as spawning stock biomass (BPA); and
limit reference points, expressed as spawning stock biomass (BLIM).
Article 6
Safeguards
Remedial measures referred to in this Article may include:
measures pursuant to Articles 7, 8 and 11 to 14 of this Regulation; and
emergency measures in accordance with Articles 12 and 13 of Regulation (EU) No 1380/2013.
CHAPTER III
FISHING EFFORT
Article 7
Fishing effort regime
By way of derogation from Article 3(1) and notwithstanding paragraph 2 of this Article, during the first five years of implementation of the plan:
for the first year of implementation of the plan, except for GSAs in which the fishing effort has already been reduced by more than 20 % during the baseline period, the maximum allowable fishing effort shall be reduced by 10 % compared to the baseline;
for the second to the fifth year of the implementation of the plan, the maximum allowable fishing effort shall be reduced by a maximum of 30 % during that period. The fishing effort decrease may be supplemented with any relevant technical or other conservation measures adopted in accordance with Union law, in order to achieve the FMSY by 1 January 2025.
Article 8
Recreational fisheries
Article 9
Obligations of the Member States
Member States may grant a derogation of up to 18 hours per fishing day to take into account the transit time between port and the fishing ground. Such derogations shall be communicated to the Commission and other Member States concerned without delay.
Article 10
Communication of relevant data
CHAPTER IV
TECHNICAL CONSERVATION MEASURES
Article 11
Closure areas
Article 12
Management of by-catch stocks and demersal stocks for which sufficient data are not available
Article 13
Specific conservation measures
The Commission is empowered to adopt delegated acts in accordance with Article 18 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 in order to supplement this Regulation regarding the following technical measures, insofar as they are not covered by Regulation (EU) 2019/1241 of the European Parliament and of the Council ( 4 ):
specifications of characteristics of fishing gear and rules governing their use, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;
specifications of modifications or additional devices to the fishing gear, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;
limitations or prohibitions on the use of certain fishing gear and on fishing activities, in certain areas or periods to protect spawning fish, fish below the minimum conservation reference size or non-target fish species, or to minimise the negative impact on the ecosystem;
the fixing of minimum conservation reference sizes for any of the stocks to which this Regulation applies, to ensure the protection of juveniles of marine organisms; and
on recreational fisheries.
CHAPTER V
LANDING OBLIGATION
Article 14
Provisions on the landing obligation
For all stocks of species in the western Mediterranean Sea to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013, and for incidental catches of pelagic species in fisheries exploiting the stocks listed in Article 1(2) of this Regulation to which the landing obligation applies, the Commission, after consulting the Member States, is empowered to adopt delegated acts in accordance with Article 18 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 supplementing this Regulation by specifying details of that obligation as provided for in points (a) to (e) of Article 15(5) of Regulation (EU) No 1380/2013.
CHAPTER VI
REGIONALISATION
Article 15
Regional cooperation
For the purpose of paragraph 1 of this Article, Member States having a direct management interest may submit joint recommendations in accordance with Article 18(1) of Regulation (EU) No 1380/2013:
for the first time not later than 12 months after 16 July 2019 and, thereafter, not later than 12 months after each submission of the evaluation of the plan in accordance with Article 17(2) of this Regulation;
by 1 July of the year preceding that in which the measures are to apply; and/or
whenever they deem necessary, in particular in the event of an abrupt change in the situation of any of the stocks to which this Regulation applies.
CHAPTER VII
AMENDMENTS AND FOLLOW UP
Article 16
Amendments of the plan
Article 17
Monitoring and evaluation of the plan
CHAPTER VIII
PROCEDURAL PROVISIONS
Article 18
Exercise of the delegation
CHAPTER IX
EUROPEAN MARITIME AND FISHERIES FUND
Article 19
Support from the European Maritime and Fisheries Fund
Temporary cessation measures adopted in order to achieve the objectives of the plan shall be deemed as the temporary cessation of fishing activities for the purposes of points (a) and (c) of Article 33(1) of Regulation (EU) No 508/2014.
Article 20
Amendments to Regulation (EU) No 508/2014 as regards certain rules relating to the European Maritime and Fisheries Fund
Article 34 of Regulation (EU) No 508/2014 is amended as follows:
paragraph 4 is replaced by the following:
the following paragraph is added:
CHAPTER X
FINAL PROVISIONS
Article 21
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Taking into account environmental, social and economic sustainability, Article 4 and Article 6(1) shall apply from 1 January 2025.
Article 7 shall apply from 1 January 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Fishing effort regime
(as referred to in Article 7)
Fishing effort groups are defined as follows:
Trawls fishing for red mullet, hake, deep-water rose shrimp and Norway lobster in the continental shelf and upper slope
Gear type |
Geographical area |
Stock groups |
Overall length of vessels |
Fishing effort group code |
Trawls (TBB, OTB, PTB, TBN, TBS, TB, OTM, PTM, TMS, TM, OTT, OT, PT, TX, OTP, TSP) |
GFCM sub-areas 1-2-5-6-7 |
Red mullet in GSAs 1, 5, 6 and 7; Hake in GSAs 1-5-6-7; Deep-water rose shrimp in GSAs 1, 5 and 6; and Norway lobster in GSAs 5 and 6. |
< 12 m |
EFF1/MED1_TR1 |
≥ 12 m and < 18 m |
EFF1/MED1_TR2 |
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≥ 18 m and < 24 m |
EFF1/MED1_TR3 |
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≥ 24 m |
EFF1/MED1_TR4 |
|||
GFCM sub-areas 8-9-10-11 |
Red mullet in GSAs 9, 10 and 11; Hake in GSAs 9-10-11; Deep-water rose shrimp in GSAs 9-10-11; and Norway lobster in GSAs 9 and 10. |
< 12 m |
EFF1/MED2_TR1 |
|
≥ 12 m and < 18 m |
EFF1/MED2_TR2 |
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≥ 18 m and < 24 m |
EFF1/MED2_TR3 |
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≥ 24 m |
EFF1/MED1_TR4 |
Trawls fishing for blue and red shrimp and giant red shrimp in deep-waters
Gear type |
Geographical area |
Stock groups |
Overall length of vessels |
Fishing effort group code |
Trawls (TBB, OTB, PTB, TBN, TBS, TB, OTM, PTM, TMS, TM, OTT, OT, PT, TX, OTP, TSP) |
GFCM sub-areas 1-2-5-6-7 |
Blue and red shrimp in GSAs 1, 5, 6 and 7. |
< 12 m |
EFF2/MED1_TR1 |
≥ 12 m and < 18 m |
EFF2/MED1_TR2 |
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≥ 18 m and < 24 m |
EFF2/MED1_TR3 |
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≥ 24 m |
EFF2/MED1_TR4 |
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GFCM sub-areas 8-9-10-11 |
Giant red shrimp in GSAs 9, 10 and 11 |
< 12 m |
EFF2/MED2_TR1 |
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≥ 12 m and < 18 m |
EFF2/MED2_TR2 |
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≥ 18 m and < 24 m |
EFF2/MED2_TR3 |
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≥ 24 m |
EFF2/MED1_TR4 |
ANNEX II
List of information for fishing effort data
(as referred to in Article 10)
Information |
Definition and comments |
(1) Member State |
Alpha-3 ISO code of the reporting flag Member State |
(2) Fishing effort group |
Fishing effort group code as set out in Annex I |
(3) Fishing effort period |
Start date and end date of the month reported |
(4) Fishing effort declaration |
Total number of fishing days |
Joint statement by the European Parliament and the Council
The European Parliament and the Council intend to repeal the empowerments to adopt technical measures by means of delegated acts under Article 13 of this Regulation when they adopt a new regulation on technical measures which includes an empowerment covering the same measures.
( 1 ) 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).
( 2 ) Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 347, 30.12.2011, p. 44).
( 3 ) Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1).
( 4 ) Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
( *1 ) Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1).’;