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Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007

Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007

CHAPTER I SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 Subject-matter and scope

1.

This Regulation establishes a multiannual plan (‘the plan’) for the following stocks (‘the stocks concerned’) in the Union waters of the Baltic Sea and for the fisheries exploiting the stocks concerned:

  1. cod (Gadus morhua) in ICES Subdivisions 22-24 (Western Baltic cod);

  2. cod (Gadus morhua) in ICES Subdivisions 25-32 (Eastern Baltic cod);

  3. herring (Clupea harengus) in ICES Subdivisions 25, 26, 27, 28.2, 29 and 32 (Central Baltic herring);

  4. herring (Clupea harengus) in ICES Subdivision 28.1 (Gulf of Riga herring);

  5. herring (Clupea harengus) in ICES subdivisions 30-31 (Gulf of Bothnia herring);

  6. herring (Clupea harengus) in ICES Subdivisions 22-24 (Western Baltic herring);

  7. sprat (Sprattus sprattus) in ICES Subdivisions 22-32 (Baltic sprat).

2.

This Regulation also applies to by-catches of plaice (Pleuronectes platessa), flounder (Platichthys flesus), turbot (Scophthalmus maximus) and brill (Scophthalmus rhombus) in ICES Subdivisions 22-32 caught when fishing for the stocks concerned.

Article 2 Definitions

For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013, Article 4 of Regulation (EC) No 1224/2009 and Article 2 of Regulation (EC) No 2187/2005 apply. In addition, the following definitions apply:

  1. ‘pelagic stocks’ means the stocks listed in points (c) to (h) of Article 1(1) of this Regulation and any combination thereof;

  2. ‘range of FMSY’ means a range of values provided in the best available scientific advice, in particular from ICES 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 stock 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 spawning stock biomass reference point (Blim) is no more than 5 %;

  3. ‘MSY Flower’ means the lowest value within the range of FMSY;

  4. ‘MSY Fupper’ means the highest value within the range of FMSY;

  5. ‘FMSY point value’ is 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;

  6. ‘lower range of FMSY’ means a range that contains values from MSY Flower to FMSY point value;

  7. ‘upper range of FMSY’ means a range that contains values from FMSY point value up to MSY Fupper;

  8. ‘Blim’ means the spawning stock biomass reference point provided in the best available scientific advice, in particular by ICES or a similar independent scientific body recognised at Union or international level, below which there may be reduced reproductive capacity;

  9. ‘MSY Btrigger’ means the spawning stock biomass reference point provided for in the best available scientific advice, in particular from ICES or a similar independent scientific body recognised at Union or international level, 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. ‘Member States concerned’ means Member States having a direct management interest, namely Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden.

CHAPTER II OBJECTIVES AND TARGETS

Article 3 Objectives

1.

The plan shall contribute to the achievement of the objectives of the common fisheries policy (CFP) 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 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 catch limits and to which this Regulation applies.

3.

The 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.

In particular the plan shall aim to:

  1. ensure that the conditions described in descriptor 3 contained in Annex I to Directive 2008/56/EC are fulfilled; and

  2. contribute to the fulfilment of other relevant descriptors contained in Annex I to that Directive in proportion to the role played by fisheries in their fulfilment.

4.

Measures under the plan shall be taken in accordance with the best available scientific advice.

Article 4 Targets

Article 4a Conservation reference points

CHAPTER III CONSERVATION REFERENCE POINTS

Article 5 Safeguards

CHAPTER IV SPECIFIC CONSERVATION MEASURES FOR PLAICE, FLOUNDER, TURBOT AND BRILL

Article 6 Measures for plaice, flounder, turbot and brill caught as a by-catch

CHAPTER V PROVISIONS LINKED TO THE LANDING OBLIGATION

Article 7 Provisions linked to the landing obligation

CHAPTER VI TECHNICAL MEASURES

Article 8 Technical measures

CHAPTER VII REGIONALISATION

Article 9 Regional cooperation

CHAPTER VIII CONTROL AND ENFORCEMENT

Article 10 Relationship with Regulation (EC) No 1224/2009

Article 11 Prior notifications

Article 12 Logbooks

Article 13 Margin of tolerance in the logbook

Article 14 Designated ports

CHAPTER IX FOLLOW-UP

Article 15 Evaluation of the plan

CHAPTER X PROCEDURAL PROVISIONS

Article 16 Exercise of the delegation

CHAPTER XI FINAL PROVISIONS

Article 17 Support from the European Maritime and Fisheries Fund

Article 18 Amendments to Regulation (EC) No 2187/2005

Article 19 Repeal of Regulation (EC) No 1098/2007

Article 20 Entry into force