(4)

The objectives of the CFP are, inter alia, to ensure that fishing and aquaculture are environmentally sustainable in the long term, to apply the precautionary approach to fisheries management, and to implement the ecosystem-based approach to fisheries management.

(4)

The objectives of the CFP are, inter alia, to ensure that fishing and aquaculture are environmentally sustainable in the long term and are managed in a manner consistent with the objectives of generating economic, social and employment benefits , to reduce the Union market's dependence on food imports, to promote direct and indirect job creation and the economic development of coastal areas, to apply the precautionary approach to fisheries management and to implement the ecosystem-based approach to fisheries management.

(4a)

Pursuant to the principles of the Common Fisheries Policy and to ensure a level playing field and fair competition between sea basins, there should be a uniform framework in all multi-annual plans and no sea basin-specific derogations regarding the principles for quota setting.

(5)

For the achievement of the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual plans, technical measures, fixing and allocation of fishing opportunities.

(5)

For the achievement of the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual plans, technical measures, fixing and allocation of fishing opportunities , in accordance with the best available scientific advice .

(5a)

Regulation (EU) No 1380/2013 expressly sets the objective of restoring and maintaining populations of harvested species above levels which can produce maximum sustainable yield. To achieve that goal, Regulation (EU) No 1380/2013 stipulates that all stocks should gradually reach the level of fishing rate capable of producing the maximum sustainable yield by 2015 if possible, or by 2020 at the latest.

(6)

Pursuant to Articles 9 and 10 of Regulation (EU) No 1380/2013, multi-annual plans are to be based on scientific, technical and economic advice. In accordance with those provisions, this plan should contain objectives, quantifiable targets with clear timeframes, conservation reference points, safeguards and technical measures designed to avoid and reduce unwanted catches.

(6)

Pursuant to Articles 9 and 10 of Regulation (EU) No 1380/2013, multi-annual plans are to be based on scientific, technical and economic advice. In accordance with those provisions, this plan should contain objectives, quantifiable targets with clear timeframes, conservation reference points, safeguards and technical measures designed to avoid and reduce unwanted catches, to minimise the impact on the marine environment, in particular habitat and seabed disturbance, as well as to meet social and economic objectives .

(8)

The Commission should obtain the best available scientific advice for the stocks within the scope of the multiannual plan. In order to do so it concludes Memoranda of Understanding with the International Council for the Exploration of the Sea (ICES). The scientific advice issued by ICES should be based on this multiannual plan and should indicate, in particular, ranges of FMSY and biomass reference points, i.e. MSY Btrigger and Blim. Those values should be indicated in the relevant stock advice and, where appropriate, in any other publicly-available scientific advice, including, for example, in mixed fisheries advice issued by ICES.

(8)

The Commission should obtain the best available scientific advice for the stocks within the scope of the multiannual plan. In order to do so it concludes Memoranda of Understanding with the International Council for the Exploration of the Sea (ICES). The scientific advice issued by ICES should be based on this multiannual plan and should indicate, in particular, ranges of FMSY and biomass reference points, i.e. MSY Btrigger and Blim. Those values should be indicated in the relevant stock advice and, where appropriate, in any other publicly-available scientific advice, including, for example, in mixed and/or multispecies fisheries advice issued by ICES.

(9)

Council Regulations (EC) No 811/2004 (18), (EC) No 2166/2005 (19), (EC) No 388/2006 (20), (EC) No 509/2007 (21), (EC) No 1300/2008 (22) and (EC) No 1342/2008 (23) set out the rules for the exploitation of the northern stock of hake, hake and Norway lobster stocks in the Cantabrian Sea and by the Western Iberian Peninsula, sole in the Bay of Biscay, sole in the Western Channel, herring in the West of Scotland and cod in the Kattegat, the North Sea in the West of Scotland and the Irish Sea. These and other demersal stocks are taken in mixed fisheries. Therefore, it is appropriate to establish a single multi-annual plan taking into account such technical interactions.

(9)

Council Regulations (EC) No 811/2004 (18), (EC) No 2166/2005 (19), (EC) No 388/2006 (20), (EC) No 509/2007 (21), (EC) No 1300/2008 (22) and (EC) No 1342/2008 (23) set out the rules for the exploitation of the northern stock of hake, hake and Norway lobster stocks in the Cantabrian Sea and by the Western Iberian Peninsula, sole in the Bay of Biscay, sole in the Western Channel, herring in the West of Scotland and cod in the Kattegat, the North Sea in the West of Scotland and the Irish Sea. These and other demersal stocks are taken in mixed and/or multispecies fisheries. Therefore, it is appropriate to establish a single multi-annual plan taking into account such technical interactions.

(11)

Some demersal stocks are exploited both in the Western Waters and in their adjacent waters. Therefore the scope of the provisions of the plan relating to targets and safeguards for stocks that are mainly exploited in the Western Waters should be extended for those areas outside the Western Waters. In addition, for stocks also present in the Western Waters that are mainly exploited outside the Western Waters, it is necessary to establish the targets and safeguards in multiannual plans for areas outside the Western Waters where those stocks are mainly exploited, extending the scope of those multiannual plans so that they also cover the Western Waters.

(11)

Some demersal stocks are exploited both in the Western Waters and in their adjacent waters. Therefore the scope of the provisions of the plan relating to targets and safeguards for demersal stocks that are mainly exploited in the Western Waters should be extended for those areas containing those stocks that are situated outside the Western Waters , provided that they do not fall within the sovereignty or jurisdiction of a third country . In addition, for stocks also present in the Western Waters that are mainly exploited outside the Western Waters, it is necessary to establish the targets and safeguards in multiannual plans for areas outside the Western Waters where those demersal stocks are mainly exploited, extending the scope of those multiannual plans so that they also cover the Western Waters.

(11a)

The management plan should not limit itself to considering mechanisms for determining fishing opportunities in the short term, which would generate uncertainty and a lack of transparency for the sector.

(12)

The geographical scope of the multiannual plan should be based on the geographical distribution of stocks indicated in the latest scientific stock advice provided by ICES. Future changes to the geographical distribution of stocks as set out in the multiannual plan may be needed either due to improved scientific information or due to migration of stocks. Therefore, the Commission should be empowered to adopt delegated acts adjusting the geographical distribution of stocks set out in the multiannual plan if the scientific advice provided by ICES indicates a change in the geographical distribution of the relevant stocks.

(12)

The geographical scope of the multiannual plan should be based on the geographical distribution of demersal stocks indicated in the latest scientific stock advice provided by ICES. Future changes to the geographical distribution of stocks as set out in the multiannual plan may be needed either due to improved scientific information or due to migration of demersal stocks. Therefore, the Commission should be empowered to adopt delegated acts adjusting the geographical distribution of stocks set out in the multiannual plan if the scientific advice provided by ICES , or a similar independent scientific body recognised at Union or international level, indicates a change in the geographical distribution of the relevant stocks.

(14)

The objective of this plan should be to contribute to the achievement of the objectives of the CFP, and in particular, reaching and maintaining MSY for the target stocks, implementing the landing obligation for demersal stocks subject to catch limits, promoting a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects. It should also implement the ecosystem-based approach to fisheries management in order to minimise negative impacts of fishing activities on the marine ecosystem. It should be coherent with the Union’s environmental legislation, in particular the objective of achieving good environmental status by 2020 (in accordance with Directive 2008/56/EC) and the objectives of Directive 2009/147/EC and Council Directive 92/43/EEC. This plan should also specify details for the implementation of the landing obligation in Union waters of the Western Waters for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.

(14)

The objective of this plan should be to contribute to the achievement of the objectives of the CFP, and in particular, reaching and maintaining stocks covered by this Regulation above levels which can produce the maximum sustainable yield , implementing the landing obligation for demersal stocks subject to catch limits, promoting a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects. It should also implement the ecosystem-based approach to fisheries management in order to minimise negative impacts of fishing activities on the marine ecosystem. It should be coherent with the Union’s environmental legislation, in particular the objective of achieving good environmental status by 2020 (in accordance with Directive 2008/56/EC) and the objectives of Directive 2009/147/EC and Council Directive 92/43/EEC. This plan should also specify details for the implementation of the landing obligation in Union waters of the Western Waters for species caught in demersal fisheries and to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.

(16)

It is appropriate to establish the target fishing mortality (F) that corresponds to the objective of reaching and maintaining MSY as ranges of values which are consistent with achieving MSY (FMSY). Those ranges, based on best available scientific advice, are necessary in order to provide flexibility to take account of developments in the scientific advice, to contribute to the implementation of the landing obligation and to take into account the characteristics of mixed fisheries. The FMSY ranges should be calculated by the International Council for the Exploration of the Sea (ICES), in particular in its periodic catch advice. Based on this plan they are derived to deliver no more than a 5 % reduction in long-term yield compared to MSY (24). The upper limit of the range is capped, so that the probability of the stock falling below Blim is no more than 5 %. That upper limit also conforms to the ICES ‘advice rule’, which indicates that when the spawning biomass or abundance is in a poor state, F be reduced to a value that does not exceed an upper limit equal to the FMSY point value multiplied by the spawning biomass or abundance in the total allowable catch (TAC) year divided by MSY Btrigger. ICES uses these considerations and the advice rule in its provision of scientific advice on fishing mortality and catch options.

(16)

It is appropriate to establish the target fishing mortality (F) that corresponds to the objective of reaching and maintaining MSY as ranges of values which are consistent with achieving MSY (FMSY). Those ranges, based on best available scientific advice, are necessary in order to provide flexibility to take account of developments in the scientific advice, to contribute to the implementation of the landing obligation and to take into account the characteristics of mixed fisheries. The FMSY ranges should be calculated, inter alia, by the International Council for the Exploration of the Sea (ICES), in particular in its periodic catch advice. Based on this plan they are derived to deliver no more than a 5 % reduction in long-term yield compared to MSY (24). The upper limit of the range is capped, so that the probability of the stock falling below Blim is no more than 5 %. That upper limit also conforms to the ICES ‘advice rule’, which indicates that when the spawning biomass or abundance is in a poor state, F be reduced to a value that does not exceed an upper limit equal to the FMSY point value multiplied by the spawning biomass or abundance in the total allowable catch (TAC) year divided by MSY Btrigger. ICES uses these considerations and the advice rule in its provision of scientific advice on fishing mortality and catch options.

(16a)

In order to achieve the objectives set out in Article 2(2) of Regulation (EU) No 1380/2013, it is appropriate to establish the target fishing mortality (F) as not exceeding the maximum sustainable yield exploitation rate. This rate shouldbe achieved as soon as possible and, on a progressive, incremental basis at the latest by 2020 for all stocks to which this Regulation applies.

(20)

It should be possible to set the total allowable catches (TACs) for Norway lobster in Western Waters as the sum of the catch limits established for each functional unit and of the statistical rectangles outside the functional units within that TAC area. However, this does not preclude the adoption of measures to protect specific functional units.

(20)

It should be possible to set the total allowable catches (TACs) for a stock of Norway lobster in Western Waters as the sum of the catch limits established for each functional unit and of the statistical rectangles outside the functional units within the area defined for that stock . However, this does not preclude the adoption of measures to protect specific functional units.

(21a)

Specific fishing bans for sea bass and pollack should now be established, in particular with a view to protecting broodstock during the breeding season. In order to protect declining stock levels of sea bass and pollack, Member States should establish appropriate commercial and recreational recovery measures as determined by the best available scientific evidence.

(22)

Where the Council takes into account a significant impact of recreational fisheries in the framework of the fishing opportunities for a certain stock, it should be able to set a TAC for commercial catches which takes into account the volume of recreational catches and/or to adopt other measures restricting recreational fisheries such as bag limits and closure periods.

(22)

When mortality caused by recreational fishing has a significant impact on a stock managed on the basis of MSY, the Council should be able to establish individual and non-discriminatory fishing opportunities for recreational fishermen. Those individual recreational fishing opportunities should cover periods of no less than one month, in line with the realities of recreational fishing practices and catches. Recreational catches of certain species of high commercial value should be indicated by means of the ablation of part of the tail fin, so that those catches cannot easily be used illegally in commercial fish distribution channels.

(23)

In order to comply with the landing obligation established by Article 15(1) of Regulation (EU) No 1380/2013, the plan should provide for additional management measures to be further specified in accordance with Article 18 of Regulation (EU) No 1380/2013.

(23)

In order to comply with the landing obligation established by Article 15(1) of Regulation (EU) No 1380/2013 and to minimise negative impacts on the ecosystem , the plan should provide for additional management measures , in particular measures to gradually avoid and eliminate discards and to minimise the negative impact of fishing on the ecosystem, taking into account the best available scientific advice, to be further specified , where appropriate, in accordance with Article 18 of Regulation (EU) No 1380/2013. It should also be specified that the landing obligation does not apply to recreational fishing. In the absence of joint recommendations, the Commission may adopt delegated acts.

(23a)

In order to protect sensitive species and habitats, in particular those critically endangered and impacted due to fishing pressure, the plan should establish management measures to the concerned fisheries including modification of vessel gears, modification of vessel activities, and modifications to the vessel itself. The plan should provide for additional management measures to be further specified in accordance with Article 18 of Regulation (EU) No 1380/2013. The Commission should be able to adopt implementing acts laying down a sea basin analysis, and the format and timetables for the submission and approval of management measures.

(24a)

The Commission should submit an annual report to the European Parliament on the best available scientific advice, used for the determination of fishing opportunities or the application of safeguard measures by the Council, and should inform Parliament in advance when scientific advice could lead to significant variations in the determining of fishing opportunities.

(26)

In order to adapt to the technical and scientific progress in a timely and proportionate fashion and to ensure flexibility and allow evolution of certain measures, 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 supplementing this Regulation as regards remedial measures and implementation of the landing obligation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making (25). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(26)

In order to adapt to the technical and scientific progress in a timely and proportionate fashion and to ensure flexibility and allow evolution of certain measures, 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 supplementing this Regulation as regards remedial measures and implementation of the landing obligation. It is of particular importance that the Commission carry out appropriate consultations with the Advisory Councils affected during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 (25) on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(28)

Applying dynamic references to ranges of FMSY and to conservation reference points guarantees that these parameters, which are essential for setting fishing opportunities, do not become outdated and the Council is always able to use the best available scientific advice. Moreover, that approach providing dynamic references to the best available scientific advice should be followed for managing stocks in the Baltic Sea. In this context, ‘best available scientific advice’ refers to publicly available scientific advice that is supported by the most up-to-date scientific data and methods and has either been issued or reviewed by an independent scientific body that is recognised at the European Union or international level. Regulation (EU) 2016/1139  (27) should therefore be amended.

(28)

Applying dynamic references to ranges of FMSY and to conservation reference points guarantees that these parameters, which are essential for setting fishing opportunities, do not become outdated and the Council is always able to use the best available scientific advice. Moreover, that approach providing dynamic references to the best available scientific advice should be followed for managing stocks in the Baltic Sea. The Commission should also submit an annual report to the European Parliament on the best available scientific advice used, and should inform Parliament in advance when scientific advice could lead to significant variations in the determining of fishing opportunities. In this context, ‘best available scientific advice’ refers to publicly available scientific advice which is peer reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) or other appropriate scientific bodies such as the International Council for the Exploration of the Sea (ICES). It shall be supported by the most up-to-date scientific data and methods available and meet the requirements of Article 25 of Regulation (EU) No 1380/2013 .

(4)

Seabass (Dicentrarchus labrax) in divisions 4b, 4c, 7a, and 7d–h;

(4)

Seabass (Dicentrarchus labrax) in divisions 4b, 4c, 7a, 7b, 7d–h , 7j, subarea 8 and division 9a ;

—

In Southern Bay of Biscay (FU 25 );

—

In the Bay of Biscay (FU 23-24 );

—

In Western Galicia (FU 26 -27 );

—

In Western Galicia (FU 26);

—

In Iberian waters (FU 28-29);

—

North of Portugual (FU 27)

—

Portuguese waters (southern Portugal and the Algarve) (FU 28-29)

(2)

‘Range of FMSY’ means a range of values provided in the best available scientific advice, in particular from the International Council on the Exploration of the Sea (ICES), where all levels of fishing mortality within that range, result in maximum sustainable yield (MSY) in the long term given a fishing pattern and under existing average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the maximum sustainable yield. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5 %;

(2)

‘Range of FMSY’ means a range of values provided in the best available scientific advice, in particular from the International Council on the Exploration of the Sea (ICES) , or similar independent scientific body recognised by the Union or internationally , where all levels of fishing mortality within that range, result in maximum sustainable yield (MSY) in the long term given a fishing pattern and under existing average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the maximum sustainable yield. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5 %;

(5)

‘FMSY point value ’ is the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long-term maximum yield.

(5)

‘FMSY’ is the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long-term maximum yield.

(8)

‘Blim’ means the stock size reference point provided in the best available scientific advice, in particular by ICES, below which there may be reduced reproductive capacity;

(8)

‘Blim’ means the stock size reference point provided in the best available scientific advice, in particular by ICES, or a similar independent scientific body recognised by the Union or internationally, below which there may be reduced reproductive capacity;

(9)

‘MSY Btrigger’ means the spawning stock biomass, or in the case of Norway lobster — abundance, reference point provided in the best available scientific advice, in particular from ICES, below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term.

(9)

‘MSY Btrigger’ means the spawning stock biomass, or in the case of Norway lobster — abundance, reference point provided in the best available scientific advice, in particular from ICES , or similar independent scientific body recognised by the Union or internationally , below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term.

(9a)

(b)

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 .

(b)

ensure that negative impacts of fishing on the marine environment are minimised, in particular regarding vulnerable habitats and protected species, including marine mammals and seabirds .

(a)

if, on the basis of scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed fisheries;

(a)

if, on the basis of scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed and/or multispecies fisheries, in particular to limit the induced socio-economic constraints on fisheries;

(c)

in order to limit variations in fishing opportunities between consecutive years to not more than 20 %.

(c)

in order to limit variations in fishing opportunities between consecutive years to not more than 20 % , except in those cases in which ‘choke’ situations or other situations which paralyse or significantly affect the activity of some fleets are alleviated .

(a)

specifications of characteristics of fishing gears and rules governing their use, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;

(a)

specifications of characteristics of fishing gears and rules governing their use, to ensure or improve selectivity, to reduce unwanted catches , particularly of juveniles, or to minimise the negative impact on the ecosystem;

(2)

‘Range of FMSY’ means a range of values provided in the best available scientific advice, in particular from the International Council on the Exploration of the Sea (ICES), where all levels of fishing mortality within that range, result in maximum sustainable yield (MSY) in the long term given a fishing pattern and under existing average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the maximum sustainable yield. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5 %;

(2)

‘Range of FMSY’ means a range of values provided in the best available scientific advice, in particular from the International Council on the Exploration of the Sea (ICES) , or a similar independent scientific body recognised by the Union or internationally , where all levels of fishing mortality within that range, result in maximum sustainable yield (MSY) in the long term given a fishing pattern and under existing average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the maximum sustainable yield. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5 %;

(8)

‘Blim’ means the stock size reference point provided in the best available scientific advice, in particular by ICES, below which there may be reduced reproductive capacity;

(8)

‘Blim’ means the stock size reference point provided in the best available scientific advice, in particular by ICES, or a similar independent scientific body recognised by the Union or internationally, below which there may be reduced reproductive capacity;

(9)

‘MSY Btrigger’ means the spawning stock biomass reference point provided in the best available scientific advice, in particular from ICES, below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term;

(9)

‘MSY Btrigger’ means the spawning stock biomass reference point provided in the best available scientific advice, in particular from ICES , or a similar independent scientific body recognised by the Union or internationally , below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term;

(c)

in order to limit variations in fishing opportunities between consecutive years to not more than 20 %.

(c)

in order to limit variations in fishing opportunities between consecutive years to not more than 20 % , except in those cases in which ‘choke’ situations or other situations which paralyse or significantly affect the activity of some fleets are alleviated .

4a.