(4)

The objectives of the CFP are, amongst others, 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, amongst others, to ensure that fishing and aquaculture are environmentally sustainable in the long-term, to apply the precautionary approach to fisheries management to ensure that stocks of harvested species are restored and maintained at levels above those that can produce MSY , and to implement the ecosystem-based approach to fisheries management.

(4a)

Regarding the exploitation of living marine biological resources, Regulation (EU) No 1380/2013 includes as an explicit goal the restoration and maintenance of populations of harvested species above levels capable of producing MSY. Therefore, in accordance with Article 2(2) thereof, the corresponding exploitation rate is to be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks, and should be maintained thereafter.

(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 full accordance with the best available scientific advice .

(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 and contain objectives, quantifiable targets with clear timeframes, conservation reference points and safeguards.

(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 and contain objectives, quantifiable targets with clear timeframes, conservation reference points , objectives and safeguards , goals for stock conservation and technical measures to be taken to achieve the targets for the maximum possible avoidance of and reduction of unwanted catches as set out in Article 15 thereof .

(6a)

In addition, the Commission may be empowered to establish fish stock recovery areas in a multi-annual plan pursuant to Article 8(3) of Regulation (EU) No 1380/2013.

(9a)

Some stocks of common interest are also exploited by third countries, which makes it very important that the Union should consult those third countries in order to ensure that the stocks concerned are managed sustainably. In the absence of a formal agreement, the Union should do everything in its power to agree common arrangements for the fishing of those stocks in order to facilitate sustainable management, in which connection equal terms for the Union’s market operators should be secured, enforced and promoted.

(10)

The objective of this plan should be to contribute to the achievement of the objectives of the CFP, and especially reaching and maintaining MSY for the stocks concerned , contributing to the implementation of the landing obligation for demersal stocks subject to catch limits and contributing to the implementation of the ecosystem-based approach to fisheries management.

(10)

The objective of this plan should be to contribute to the achievement of the objectives of the CFP, and especially restoring and maintaining fish stocks above levels of biomass capable of producing MSY contributing to the implementation of the landing obligation for demersal stocks subject to catch limits as well as implementation and achievement of the socio-economic aspects of the CFP and contributing to the implementation of the ecosystem-based approach to fisheries management by minimising the negative effects of fishing on the marine ecosystem .

(10a)

This plan should also contribute to the achievement of good environmental status, as laid down in Directive 2008/56/EC, and to the achievement of favourable conservation status for habitats and species as required by Directive 2009/147/EC of the European Parliament and of the Council  (1a) and Council Directive 92/43/EEC  (1b) respectively.

(11)

Article 16(4) of Regulation (EU) No 1380/2013 requires that fishing opportunities be fixed in accordance with the targets set out in the multi-annual plans.

(11)

Article 16(4) of Regulation (EU) No 1380/2013 requires that fishing opportunities be fixed in accordance with the objectives set out in Article 2(2) of Regulation (EU) No 1380/2013 and comply with the targets, time-frames and margins established in the multi-annual plans.

(11a)

In accordance with Article 33(1) of Regulation (EU) No 1380/2013, stocks managed jointly with third countries are to be managed wherever possible with joint agreements in line with the objectives laid down in Article 2(2) thereof. In addition, the goals set out in Articles 1 and 2 of Regulation (EU) No 1380/2013 as well as the definitions set out in Article 4 thereof should apply to such agreements.

(14)

Where the targets relating to MSY are not available, the precautionary approach should apply .

(14)

Where the targets relating to the maximum sustainable yield are not available, the multi-annual plan should establish measures on the basis of the precautionary approach to fisheries management as defined in point 8 of Article 4(1) of Regulation (EU) No 1380/2013. Those measures must guarantee a degree of conservation of the relevant stocks that is at least comparable to exploitation rates in accordance with the maximum sustainable yield, as set out in Article 9(2) of Regulation (EU) No 1380/2013 .

(14a)

Recreational fisheries can have a significant impact on fish resources. Member States are to collect catch data of recreational fisheries, in accordance with legal requirements on data collection. Where such fisheries have a significant negative impact on resources, the plan should provide for the possibility to decide on specific management measures in line with the principle of proportionality. Any management and technical measures concerning recreational fisheries at Union level should be proportionate to the objectives aimed for.

(16)

For Norway lobster functional units for which they are available, it is appropriate to use the following trigger abundance levels: minimum abundance (Abundancebuffer) that corresponds to the Bbuffer reference point defined in the Long Term Management Plan for North Sea Nephrops by the North Sea Advisory Council  (42) and the limit abundance (Abundancelimit) that corresponds to abundance MSY Btrigger (equivalent to Blim) as defined by ICES .

(16)

For Norway lobster functional units for which they are available, it is appropriate to use ICES-advised minimum abundance (Abundancebuffer) and limit abundance (Abundancelimit) as trigger abundance levels .

(17)

Appropriate safeguard measures should be envisaged in case the stock size falls below these levels. Safeguard measures should include the reduction of fishing opportunities and specific conservation measures when scientific advice states that remedial measures are needed. These measures should be supplemented by all other measures, as appropriate, such as Commission measures in accordance with Article 12 of Regulation (EU) No 1380/2013 or Member State measures in accordance with Article 13 of Regulation (EU) No 1380/2013.

(17)

Appropriate safeguard measures should be envisaged in case the stock size falls below these levels. Safeguard measures should include the reduction of fishing opportunities and specific conservation measures when the best available scientific advice states that remedial measures are needed. These measures should be supplemented by all other measures, as appropriate, such as Commission measures in accordance with Article 12 of Regulation (EU) No 1380/2013 or Member State measures in accordance with Article 13 of Regulation (EU) No 1380/2013.

(19)

It is appropriate to set the TAC for Norway lobster in ICES zones IIa and IV 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 .

(19)

It is appropriate to define a separate TAC for Norway lobster for each functional unit wherever possible. Separate measures to protect the respective functional units may be taken .

(20)

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 .

(20)

In order to comply with the landing obligation established by Article 15(1) of Regulation (EU) No 1380/2013, the plan should provide for other conservation measures, in particular measures to gradually eliminate discards, taking into account the best available scientific advice, or to minimise the negative impact of fishing on the ecosystem, to be further specified, where appropriate, in accordance with Article 18 of Regulation (EU) No 1380/2013 .

(25)

Thresholds should be established for the demersal stocks that a fishing vessel is required to land in a designated port or a place close to the shore, in accordance with Article 43 of Regulation (EC) No 1224/2009. Moreover, when designating these ports or places close to the shore, Member States should apply the criteria provided in Article 43(5) of that Regulation in such a way as to ensure effective control of the stocks covered by this Regulation.

(25)

Thresholds should be established for the demersal stocks that a fishing vessel is required to land in a designated port or a place close to the shore, in accordance with Article 43 of Regulation (EC) No 1224/2009. Moreover, when designating those ports or places close to the shore, Member States should apply the criteria provided for in Article 43(5) of that Regulation in such a way as to ensure effective control of the landing of catches covered by this Regulation.

(26)

In accordance with Article 10(3) of Regulation (EU) No 1380/2013 provisions should be established for the periodical assessment by the Commission of the adequacy and effectiveness of the application of this Regulation. Such assessment should follow and be based on periodic evaluation of the plan based on scientific advice: the plan should be evaluated every five years. This period allows for the full implementation of the landing obligation, and for regionalised measures to be adopted, implemented and to show effects on the stocks and fishery. It is also the minimum required period by scientific bodies.

(26)

In accordance with Article 10(3) of Regulation (EU) No 1380/2013 provisions should be established for the periodical assessment by the Commission of the adequacy and effectiveness of the application of this Regulation. Such assessment should follow and be based on periodic evaluation of the plan based on the best available scientific advice: the plan should be evaluated by … [three years after the date of entry into force of this Regulation], and every five years thereafter . This period allows for the full implementation of the landing obligation, and for regionalised measures to be adopted, implemented and to show effects on the stocks and fishery. It is also the minimum required period by scientific bodies.

(1)

‘demersal stocks’ means those roundfish and flatfish species and Norway lobster that live at or near the bottom of the water column.

(1)

‘demersal stocks’ means: those roundfish, flatfish and cartilaginous fish species, Norway lobster (Nephrops Norvegicus) and Northern prawn (Pandalus borealis) that live at or near the bottom of the water column.

(1a)

(1b)

(1c)

(2)

‘Group 1’: means demersal stocks for which targets as FMSY ranges and safeguards linked to biomass are established in this plan as follows:

(2)

‘Group 1’ means demersal stocks for which targets as FMSY ranges and safeguards linked to biomass are established in this plan, as listed in Annexes I and II , as follows.

(a)

Cod (Gadus morhua) in Subarea IV and Divisions VIId and IIIa West ( North Sea, Eastern Channel, Skagerrak), hereafter referred to as North Sea cod;

(a)

Cod (Gadus morhua) in Subarea IV (North Sea) and Divisions VIId (Eastern Channel) and IIIa West (Skagerrak), hereafter referred to as cod in Subarea IV and Divisions VIId and IIIa West ;

(b)

Haddock (Melanogrammus aeglefinus) in Subarea IV and Divisions VIa and IIIa west ( North Sea, West of Scotland, Skagerrak) hereafter referred to as haddock;

(b)

Haddock (Melanogrammus aeglefinus) in Subarea IV (North Sea) and Divisions VIa (West of Scotland) and IIIa west (Skagerrak) hereafter referred to as haddock in Subarea IV and Divisions VIa and IIIa West ;

(c)

Plaice (Pleuronectes platessa) in Subarea IV (North Sea) and Division IIIa (Skagerrak), hereafter referred to as North Sea plaice;

(c)

Plaice (Pleuronectes platessa) in Subarea IV (North Sea) and Division IIIa (Skagerrak), hereafter referred to as plaice in Subarea IV and Division IIIa ;

(d)

Saithe (Pollachius virens) in Subareas IV and VI and Division IIIa ( North Sea, Rockall and West of Scotland, Skagerrak and Kattegat), hereafter referred to as saithe;

(d)

Saithe (Pollachius virens) in Subareas IV (North Sea) and VI (West of Scotland and Rockall) and in Division IIIa (Skagerrak and Kattegat), hereafter referred to as saithe in Subareas IV and VI and Division IIIa;

(e)

Sole (Solea solea) in Subarea IV (North Sea), hereafter referred to as North Sea sole;

(e)

Sole (Solea solea) in Subarea IV (North Sea), hereafter referred to as sole in Subarea IV;

(f)

Sole (Solea solea) in Division IIIa and Subdivisions 22–24 ( Skagerrak and Kattegat, Western Baltic Sea), hereafter referred to as Kattegat sole;

(f)

Sole (Solea solea) in Division IIIa (Skagerrak and Kattegat) and Subdivisions 22–24 (Western Baltic Sea), hereafter referred to as sole in Division IIIa and Subdivisions 22-24;

(g)

Whiting (Merlangius merlangus) in Subarea IV and Division VIId ( North Sea and Eastern English Channel), hereafter referred to as North Sea whiting.

(g)

Whiting (Merlangius merlangus) in Subarea IV (North Sea) and Division VIId (Eastern English Channel), hereafter referred to as whiting in Subarea IV and Division VIId ;

(ga)

Anglerfish (Lophius piscatorius) in Division IIIa (Skagerrak and Kattegat) and Subareas IV (North Sea) and VI (West of Scotland and Rockall);

(gb)

Northern Prawn (Pandalus borealis) in Divisions IVa East and IIIa.

(3)

‘Group 2’ means Norway lobster (Nephrops norvegicus) functional units (FU) for which targets as FMSY ranges and safeguards linked to abundance are established in this plan consisting of:

(3)

‘Group 2’ means Norway lobster (Nephrops norvegicus) functional units (FU) for which targets as FMSY ranges and safeguards linked to abundance are established in this plan , as set out in Annexes I and II, consisting of:

(8a)

10.

‘MSY Btrigger’ means the spawning stock biomass reference point 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.

10.

‘MSY Btrigger’ means the spawning stock biomass reference point 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 maximum sustainable yield in the long term.

(10a)

(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)

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.

(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;

(b)

if, on the basis of scientific advice or evidence, it is necessary to avoid serious harm to a stock caused by intra- or inter-species stock dynamics; or

(c)

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

(a)

emergency measures in accordance with Articles 12 and 13 of Regulation (EU) No 1380/2013;

(b)

measures pursuant to Articles 11 and 11a of this Regulation.

(a)

characteristics of fishing gear, in particular mesh size, hook size, construction of the gear, twine thickness, size of the gear or use of selectivity devices to ensure or improve selectivity;

(a)

defining the characteristics and specifications of fishing gear, in particular mesh size, hook size, construction of the gear, twine thickness, size of the gear or use of selectivity devices to ensure or improve selectivity, particularly with a view to reducing unwanted by-catches;

(a)

considering the sum of estimates of catches by recreational fisheries, derived from the best available scientific advice, and the best available scientific advice on commercial fishing opportunities as total catch which corresponds to the target fishing mortality;

(b)

imposing restrictions on recreational fisheries, including daily bag limits and closed seasons; or

(c)

other means which are deemed appropriate.

(a)

exemptions from the application of the landing obligation for species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem, to facilitate the implementation of the landing obligation; and

(a)

exemptions from the application of the landing obligation for species for which the best available scientific advice demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem, to facilitate the implementation of the landing obligation; and

(c)

specific provisions on documentation of catches, in particular for the purpose of monitoring the implementation of the landing obligation; and

(c)

specific provisions on documentation of catches, in particular for the purpose of monitoring and controlling in order to ensure a level playing field by ensuring full compliance with the landing obligation; and

(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;

(b)

specifications of modifications or additional devices to the fishing gears, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;

(c)

limitations or prohibitions on the use of certain fishing gears and on fishing activities, in certain areas or periods to protect spawning fish, fish below the minimum conservation reference size or non-target fish species, or to minimise the negative impact on the ecosystem; and

(d)

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.

(a)

the comprehensive scientific advice on the basis of which the fishing opportunities were fixed; and

(b)

a scientific justification demonstrating that the fishing opportunities fixed are in line with the objectives and provisions of this Regulation, in particular the fishing mortality targets.

1.

Group 1

1.

Group 1

2.

Group 2

2.

Group 2

(a)

starry ray (Amblyraja radiata);

(b)

the following species of sawfish:

(c)

basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias);

(d)

common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia);

(e)

smooth lanternshark (Etmopterus pusillus) in Union waters of ICES Subarea IV and ICES Division IIIa;

(f)

reef manta ray (Manta alfredi);

(g)

giant manta ray (Manta birostris);

(h)

the following species of Mobula rays:

(i)

thornback ray (Raja clavata) in Union waters of ICES Division IIIa;

(j)

guitarfishes (Rhinobatidae);

(k)

angel shark (Squatina squatina);

(l)

salmon (Salmo salar) and sea trout (Salmo trutta) when fishing with any towed net within the waters outside the six-mile limit measured from Member States’ baselines in ICES Subareas II and IV (Union waters);

(m)

berried female crawfish (Palinuridae spp.) and berried female lobster (Homarus gammarus) except when used for direct restocking or transplantation purposes.