Legal provisions of COM(2017)97 - Multi-annual plan for small pelagic stocks in the Adriatic Sea and the fisheries exploiting those stocks

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dossier COM(2017)97 - Multi-annual plan for small pelagic stocks in the Adriatic Sea and the fisheries exploiting those stocks.
document COM(2017)97 EN
date February 24, 2017



CHAPTER I
GENERAL PROVISIONS

Contents

Article 1 - Subject-matter and scope

1. This Regulation establishes a multiannual plan for small pelagic stocks in the Adriatic Sea.

2. This Regulation shall apply to the stocks of anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea ("the stocks concerned") and for the fisheries exploiting these stocks. It shall apply also to by-catches of mackerel (Scomber spp.) and horse mackerel (Trachurus spp.) in the Adriatic Sea caught when fishing for either or both of the stocks concerned.

Article 2 - Definitions

1. For the purposes of this Regulation, the definitions laid down in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council, Article 4 of Council Regulation (EC) No 1224/2009 and Article 2 of Council Regulation (EC) No 1967/2006 shall apply.

2. In addition, the following definitions shall apply:

(a)‘Adriatic Sea’ means GFCM Geographical Sub-Areas 17 and 18;

(b)‘GFCM Geographical Sub-Area’ means General Fisheries Commission for the Mediterranean (GFCM) Geographical Sub-Area as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council; 48  

(c)‘Small pelagic stocks’ means the stocks listed in Article 1(2) of this Regulation and any combination thereof;

(d)‘Range of FMSY’ means a range of values where all levels of fishing mortality within the scientifically indicated boundaries of that range, in situations of mixed fisheries and in accordance with scientific advice, result in the maximum sustainable yield (MSY) in the long term under existing average environmental conditions without significantly affecting the reproduction process for the stocks concerned;

(e)‘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.

(f)'Fishing opportunity' means a quantified legal entitlement to fish, expressed in terms of catches and/or fishing effort.

Article 3 - Objectives

1. The multiannual plan shall contribute to the achievement of the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce MSY.

2. The multiannual plan shall provide an effective, simple and stable management framework for the exploitation of small pelagic stocks in the Adriatic Sea.

3. The multiannual plan shall contribute to the elimination of discards by avoiding and reducing, as far as possible, unwanted catches, and to the implementation of the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 for the species which are subject to it and to which this Regulation applies.

4. The multiannual plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC.

5. In particular, the multiannual plan shall aim to:

(a)ensure that the conditions described in descriptor 3 set out in Annex I to Directive 2008/56/EC are fulfilled; and

(b)contribute to the fulfilment of other relevant descriptors set out in Annex I to Directive 2008/56/EC in proportion to the role played by fisheries in their fulfilment.

CHAPTER II
TARGETS, SAFEGUARDS AND SPECIFIC MEASURES

Article 4 - Targets for anchovy and sardine

1. The target fishing mortality shall be achieved as soon as possible and on a progressive, incremental basis, by 2020 for the stocks concerned, and it shall be maintained thereafter within the ranges set out in Annex I and in line with the objectives laid down in Article 3(1).

2. Fishing opportunities shall comply with the target fishing mortality ranges set out in Annex I, column A to this Regulation.

3. Notwithstanding paragraphs 1 and 2, fishing opportunities may be fixed at levels corresponding to lower levels of fishing mortality than those set out in Annex I, column A.

4. Notwithstanding paragraphs 2 and 3, fishing opportunities for a stock may be fixed in accordance with the fishing mortality ranges set out in Annex I, column B, provided that the stock concerned is above the minimum spawning biomass reference point set out in Annex II, column A:

(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 %.

Article 5 - Safeguards

1. The conservation reference points expressed as minimum and limit spawning stock biomass levels to be applied in order to safeguard the full reproductive capacity of the stocks concerned are set out in Annex II.

2. When scientific advice indicates that the spawning stock biomass of either of the stocks concerned is below the minimum spawning stock biomass reference point set out in Annex II, column A to this Regulation, all appropriate remedial measures shall be adopted to ensure the rapid return of the stock concerned to levels above those capable of producing MSY. In particular, by way of derogation from Article 4(2) and 4(4) of this Regulation, fishing opportunities for the stocks concerned shall be fixed at a level consistent with a fishing mortality that is reduced below the range set out in Annex I, column A to this Regulation, taking into account the decrease in biomass of that stock.

3. When scientific advice indicates that the spawning stock biomass of either of the stocks concerned is below the limit spawning stock biomass reference point (Blim) as set out in Annex II, column B to this Regulation, further remedial measures shall be taken to ensure the rapid return of the stock concerned to levels above the level capable of producing MSY. In particular, those remedial measures may include, by way of derogation from Article 4, paragraphs 2 and 4, suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities.

Article 6 - Specific conservation measures

When scientific advice indicates that remedial action is required for the conservation of the small pelagic stocks referred to in Article 1(2) of this Regulation, or, in the case of anchovy and sardine, when the spawning biomass of either of these stocks for a given year is below the conservation reference points set out in Annex II, column A to this Regulation, the Commission is empowered to adopt delegated acts in accordance with Article 16 of this Regulation and Article 18 of Regulation (EU) No1380/2013 regarding:

(a)characteristics of the fishing gear, in particular mesh size, construction of the gear, size of the gear or use of selectivity devices to ensure or improve selectivity;

(b)use of the fishing gear and depth of gear deployment, to ensure or improve selectivity;

(c)prohibition or limitation to fish in specific areas to protect spawning and juvenile fish or fish below the minimum conservation reference size or non-target fish species;

(d)prohibition or limitation on fishing or the use of certain types of fishing gear during specific time periods, to protect spawning fish or fish below the minimum conservation reference size or non-target fish species,

(e)minimum conservation reference sizes, to ensure the protection of juveniles of marine organisms;

(f)other characteristics linked to selectivity.

CHAPTER III
PROVISIONS LINKED TO THE LANDING OBLIGATION

Article 7 - Provisions linked to the landing obligation for small pelagic caught in the Adriatic Sea

The Commission is empowered to adopt delegated acts in accordance with Article 15 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 concerning:

(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, the fishing practices and the ecosystem, to facilitate the implementation of the landing obligation; and

(b)de minimis exemptions to enable the implementation of the landing obligation; such de minimis exemptions shall be provided for cases referred to Article 15(5)(c) of Regulation (EU) No 1380/2013 and in accordance with the conditions set out therein;

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

(d)the fixing of minimum conservation reference sizes, to ensure the protection of juveniles of marine organisms.

CHAPTER IV
REGIONALISATION

Article 8 - Regional cooperation

1. Article 18 (1) to (6) of Regulation (EU) No 1380/2013 shall apply to measures referred to in Articles 6 and 7 of this Regulation.

2. For the purpose of paragraph 1 of this Article, Member States having 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 twelve months after the entry into force of this Regulation and thereafter twelve months after each submission of the evaluation of the multiannual plan in accordance with Article 14 to this Regulation. They may also submit such recommendations when deemed necessary by them, in particular in the event of an abrupt change in the situation for either of the stocks to which this Regulation applies. Joint recommendations in respect of measures concerning a given calendar year shall be submitted no later than 1 June of the previous year.

3. The empowerments granted under Articles 6 and 7 of this Regulation shall be without prejudice to powers conferred to the Commission under other provisions of Union law, including under Regulation (EU) No 1380/2013.

CHAPTER V
CONTROL AND ENFORCEMENT

Article 9 - Relationship with Regulation (EC) No 1224/2009

The control measures provided for in this Chapter shall apply in addition to those provided for in Regulation (EC) No 1224/2009, save where otherwise provided for in this Chapter.

Article 10 - Prior notification

1. By way of derogation from Article 17(1) of Regulation (EC) No 1224/2009, the prior notification referred to in that Article shall be made at least one and a half hour before the estimated time of arrival at port. The competent authorities of the coastal Member States may, on a case-by-case basis, give permission for an earlier entry into port.

2. The prior notification obligation shall apply to masters of Union fishing vessels retaining on board at least one tonne of anchovy or one tonne of sardine.

Article 11 - Vessel monitoring system

1. For the purposes of this Regulation, the application of the provisions laid down in Article 9(2) of Regulation (EC) No 1224/2009 shall be extended to fishing vessels of eight metres length overall or more, engaged in targeted small pelagic fishery in the Adriatic.

2. The exemption laid down in Article 9(5) of Regulation (EC) No 1224/2009 shall not apply to vessels engaged in targeted small pelagic fisheries in the Adriatic in accordance with this Regulation, irrespective of their length.

Article 12 - Electronic completion and transmission of fishing logbooks

1. For the purposes of this Regulation, the obligation to keep an electronic fishing logbook and to send it by electronic means at least once a day to the competent authority of the flag Member State laid down in Article 15(1) of Regulation (EC) No 1224/2009 shall be extended to masters of Union fishing vessels of eight metres length overall or more engaged in targeted fishing for anchovy or sardine.

2. The exemption laid down in Article 15(4) of Regulation (EC) No 1224/2009 shall not apply to masters of vessels engaged in targeted fishing for anchovy or sardine, irrespective of their length.

Article 13 - Designated ports

The threshold applicable to the live weight of species from the respective stock subject to the multiannual plan, above which a fishing vessel is required to land its catches in a designated port or a place close to the shore as set out in Article 43 of Regulation (EC) No 1224/2009 shall be:

(a)2000 kg of anchovy;

(b)2000 kg of sardine.

CHAPTER VI
REVIEW

Article 14 - Evaluation of the multiannual plan

Five years after the entry into force of this Regulation, and every five years thereafter, the Commission shall ensure an evaluation of the impact of the multiannual plan on the stocks to which this Regulation applies and on the fisheries exploiting those stocks. The Commission shall submit the results of this evaluation to the European Parliament and to the Council.

CHAPTER VII
PROCEDURAL PROVISIONS

Article 15 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 6 and 7 shall be conferred on the Commission for a period of five years from the date of the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Articles 6 and 7 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on better law-making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Articles 6 and 7 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

CHAPTER VIII
FINAL PROVISIONS

Article 16 - Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.