Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC

Current text a fecha 2023-01-01

PART I

GENERAL PROVISIONS

Article 1

Scope

The Common Fisheries Policy (CFP) shall cover:

(a) the conservation of marine biological resources and the management of fisheries and fleets exploiting such resources;

(b) in relation to measures on markets and financial measures in support of the implementation of the CFP: fresh water biological resources, aquaculture, and the processing and marketing of fisheries and aquaculture products.

The CFP shall cover the activities referred to in paragraph 1 where they are carried out:

(a) on the territory of Member States to which the Treaty applies;

(b) in Union waters, including by fishing vessels flying the flag of, and registered in, third countries;

(d) by nationals of Member States, without prejudice to the primary responsibility of the flag State.

Article 2

Objectives

In order to reach the objective of progressively restoring and maintaining populations of fish stocks above biomass levels capable of producing maximum sustainable yield, the maximum sustainable yield exploitation rate shall be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks.

The CFP shall, in particular:

(a) gradually eliminate discards, on a case-by-case basis, taking into account the best available scientific advice, by avoiding and reducing, as far as possible, unwanted catches, and by gradually ensuring that catches are landed;

(b) where necessary, make the best use of unwanted catches, without creating a market for such of those catches that are below the minimum conservation reference size;

(c) provide conditions for economically viable and competitive fishing capture and processing industry and land-based fishing related activity;

(d) provide for measures to adjust the fishing capacity of the fleets to levels of fishing opportunities consistent with paragraph 2, with a view to having economically viable fleets without overexploiting marine biological resources;

(e) promote the development of sustainable Union aquaculture activities to contribute to food supplies and security and employment;

(f) contribute to a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects;

(g) contribute to an efficient and transparent internal market for fisheries and aquaculture products and contribute to ensuring a level–playing field for fisheries and aquaculture products marketed in the Union;

(h) take into account the interests of both consumers and producers;

(i) promote coastal fishing activities, taking into account socio-economic aspects;

(j) be coherent with the Union environmental legislation, in particular with the objective of achieving a good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC, as well as with other Union policies.

Article 3

Principles of good governance

The CFP shall be guided by the following principles of good governance:

(a) the clear definition of responsibilities at the Union, regional, national and local levels;

(b) the taking into account of regional specificities, through a regionalised approach;

(d) a long-term perspective;

(e) administrative cost efficiency;

(f) appropriate involvement of stakeholders, in particular Advisory Councils, at all stages - from conception to implementation of the measures;

(g) the primary responsibility of the flag State;

(h) consistency with other Union policies;

(i) the use of impact assessments as appropriate;

(j) coherence between the internal and external dimension of the CFP;

(k) transparency of data handling in accordance with existing legal requirements, with due respect for private life, the protection of personal data and confidentiality rules; availability of data to the appropriate scientific bodies, other bodies with a scientific or management interest, and other defined end-users.

Article 4

Definitions

For the purpose of this Regulation the following definitions shall apply:

(1) 'Union waters' means the waters under the sovereignty or jurisdiction of the Member States, with the exception of the waters adjacent to the territories listed in Annex II to the Treaty;

(2) 'marine biological resources' means available and accessible living marine aquatic species, including anadromous and catadromous species during their marine life;

(3) 'fresh water biological resources' means available and accessible living fresh water aquatic species;

(4) 'fishing vessel' means any vessel equipped for commercial exploitation of marine biological resources or a blue fin tuna trap;

(5) 'Union fishing vessel' means a fishing vessel flying the flag of a Member State and registered in the Union;

(6) 'entry to the fishing fleet' means registration of a fishing vessel in the fishing vessel register of a Member State;

(7) 'maximum sustainable yield' means the highest theoretical equilibrium yield that can be continuously taken on average from a stock under existing average environmental conditions without significantly affecting the reproduction process;

(8) 'precautionary approach to fisheries management', as referred to in Article 6 of the UN Fish Stocks Agreement, means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment;

(9) 'ecosystem-based approach to fisheries management' means an integrated approach to managing fisheries within ecologically meaningful boundaries which seeks to manage the use of natural resources, taking account of fishing and other human activities, while preserving both the biological wealth and the biological processes necessary to safeguard the composition, structure and functioning of the habitats of the ecosystem affected, by taking into account the knowledge and uncertainties regarding biotic, abiotic and human components of ecosystems;

(10) 'discards' means catches that are returned to the sea;

(11) 'low impact fishing' means utilising selective fishing techniques which have a low detrimental impact on marine ecosystems or which may result in low fuel emissions, or both;

(12) 'selective fishing' means fishing with fishing methods or fishing gears that target and capture organisms by size or species during the fishing operation, allowing non-target specimens to be avoided or released unharmed;

(13) 'fishing mortality rate' means the rate at which biomass or individuals are removed from a stock by means of fishery activities over a given period;

(14) 'stock' means a marine biological resource that occurs in a given management area;

(15) 'catch limit' means, as appropriate, either a quantitative limit on catches of a fish stock or group of fish stocks over a given period where such fish stocks or group of fish stocks are subject to an obligation to land, or a quantitative limit on landings of a fish stock or group of fish stocks over a given period for which the obligation to land does not apply;

(16) 'conservation reference point' means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management, for example in respect of an acceptable level of biological risk or a desired level of yield;

(17) 'minimum conservation reference size' means the size of a living marine aquatic species taking into account maturity, as established by Union law, below which restrictions or incentives apply that aim to avoid capture through fishing activity; such size replaces, where relevant, the minimum landing size;

(18) 'stock within safe biological limits' means a stock with a high probability that its estimated spawning biomass at the end of the previous year is higher than the limit biomass reference point (Blim) and its estimated fishing mortality rate for the previous year is less than the limit fishing mortality rate reference point (Flim);

(19) 'safeguard' means a precautionary measure designed to avoid something undesirable occurring;

(20) 'technical measure' means a measure that regulates the composition of catches by species and size and the impacts on components of the ecosystems resulting from fishing activities by establishing conditions for the use and structure of fishing gear and restrictions on access to fishing areas;

(21) 'fishing effort' means the product of the capacity and the activity of a fishing vessel; for a group of fishing vessels it is the sum of the fishing effort of all vessels in the group;

(22) 'Member State having a direct management interest' means a Member State which has an interest consisting of either fishing opportunities or a fishery taking place in the exclusive economic zone of the Member State concerned, or, in the Mediterranean Sea, a traditional fishery on the high seas;

(23) 'transferable fishing concession' means a revocable user entitlement to a specific part of fishing opportunities allocated to a Member State or established in a management plan adopted by a Member State in accordance with Article 19 of Council Regulation (EC) No 1967/2006 (¹), which the holder may transfer;

(24) 'fishing capacity' means a vessel's tonnage in GT (Gross Tonnage) and its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86 (²);

(25) 'aquaculture' means the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment, where the organisms remain the property of a natural or legal person throughout the rearing and culture stage, up to and including harvesting;

(26) 'fishing licence' means a licence as defined in point (9) of Article 4 of Council Regulation (EC) No 1224/2009 (³);

(27) 'fishing authorisation' means an authorisation as defined in point (10) of Article 4 of Regulation (EC) No 1224/2009;

(28) 'fishing activity' means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products;

(29) 'fishery products' means aquatic organisms resulting from any fishing activity or products derived therefrom;

(30) 'operator' means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;

(31) 'serious infringement' means an infringement that is defined as such in relevant Union law, including in Article 42(1) of Council Regulation (EC) No 1005/2008 (⁴) and in Article 90(1) of Regulation (EC) No 1224/2009;

(32) 'end-user of scientific data' means a body with a research or management interest in the scientific analysis of data in the fisheries sector;

(33) 'surplus of allowable catch' means that part of the allowable catch which a coastal State does not harvest, resulting in an overall exploitation rate for individual stocks that remains below levels at which stocks are capable of restoring themselves and maintaining populations of harvested species above desired levels based on the best available scientific advice;

(34) 'aquaculture products' means aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom;

(35) 'spawning stock biomass' means an estimate of the mass of the fish of a particular stock that reproduces at a defined time, including both males and females and fish that reproduce viviparously;

(36) 'mixed fisheries' means fisheries in which more than one species is present and where different species are likely to be caught in the same fishing operation;

(37) 'sustainable fisheries partnership agreement' means an international agreement concluded with a third state for the purpose of obtaining access to waters and resources in order to sustainably exploit a share of the surplus of marine biological resources, in exchange for financial compensation from the Union, which may include sectoral support.

For the purposes of this Regulation, the following geographical definitions of geographical areas shall apply:

(a) 'North Sea' means ICES zones (⁵) IIIa and IV;

(b) 'Baltic Sea' means ICES zones IIIb, IIIc and IIId;

(d) 'South Western waters' means ICES zones VIII, IX and X (waters around Azores), and CECAF zones (⁶) 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands);

(e) 'Mediterranean Sea' means Maritime Waters of the Mediterranean to the East of line 5°36′ West;

(f) 'Black Sea' means the GFCM (General Fisheries Commission for the Mediterranean) geographical sub-area as defined in Resolution GFCM/33/2009/2.

PART II

ACCESS TO WATERS

Article 5

General rules on access to waters

PART III

MEASURES FOR THE CONSERVATION AND SUSTAINABLE EXPLOITATION OF MARINE BIOLOGICAL RESOURCES

TITLE I

Conservation measures

Article 6

General provisions

Article 7

Types of conservation measures

Measures for the conservation and sustainable exploitation of marine biological resources may include, inter alia, the following:

(a) multiannual plans under Articles 9 and 10;

(b) targets for the conservation and sustainable exploitation of stocks and related measures to minimise the impact of fishing on the marine environment;

(d) incentives, including those of an economic nature, such as fishing opportunities, to promote fishing methods that contribute to more selective fishing, to the avoidance and reduction, as far as possible, of unwanted catches, and to fishing with low impact on the marine ecosystem and fishery resources;

(e) measures on the fixing and allocation of fishing opportunities;

(f) measures to achieve the objectives of Article 15;

(g) minimum conservation reference sizes;

(h) pilot projects on alternative types of fishing management techniques and on gears that increase selectivity or that minimise the negative impact of fishing activities on the marine environment;

(i) measures necessary for compliance with obligations under Union environmental legislation adopted pursuant to Article 11;

(j) technical measures as referred to in paragraph 2.

Technical measures may include, inter alia, the following:

(a) characteristics of fishing gears and rules concerning their use;

(b) specifications on the construction of fishing gear, including: (i) modifications or additional devices to improve selectivity or to minimise the negative impact on the ecosystem; (ii) modifications or additional devices to reduce the incidental capture of endangered, threatened and protected species, as well as to reduce other unwanted catches;

(c) limitations or prohibitions on the use of certain fishing gears, and on fishing activities, in certain areas or periods;

(d) requirements for fishing vessels to cease operating in a defined area for a defined minimum period in order to protect temporary aggregations of endangered species, spawning fish, fish below minimum conservation reference size, and other vulnerable marine resources;

(e) specific measures to minimise the negative impact of fishing activities on marine biodiversity and marine ecosystems, including measures to avoid and reduce, as far as possible, unwanted catches.

Article 8

Establishment of fish stock recovery areas

TITLE II

Specific measures

Article 9

Principles and objectives of multiannual plans

Multiannual plans shall cover either:

(a) single species; or

(b) in the case of mixed fisheries or where the dynamics of stocks relate to one another, fisheries exploiting several stocks in a relevant geographical area, taking into account knowledge about the interactions between fish stocks, fisheries and marine ecosystems.

Article 10

Content of multiannual plans

As appropriate and without prejudice to the respective competences under the Treaty, a multiannual plan shall include:

(a) the scope, in terms of stocks, fishery and the area to which the multiannual plan shall be applied;

(b) objectives that are consistent with the objectives set out in Article 2 and with the relevant provisions of Articles 6 and 9;

(d) clear time-frames to reach the quantifiable targets;

(e) conservation reference points consistent with the objectives set out in Article 2;

(f) objectives for conservation and technical measures to be taken in order to achieve the targets set out in Article 15, and measures designed to avoid and reduce, as far as possible, unwanted catches;

(g) safeguards to ensure that quantifiable targets are met, as well as remedial action, where needed, including for situations where the deteriorating quality of data or non-availability put the sustainability of the stock at risk.

A multiannual plan may also include:

(a) 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;

(b) quantifiable indicators for periodic monitoring and assessment of progress in achieving the targets of the multiannual plan;

(c) where appropriate, specific objectives for the freshwater part of the life cycle of anadromous and catadromous species.

Article 11

Conservation measures necessary for compliance with obligations under Union environmental legislation

If not all Member States succeed in agreeing on a joint recommendation to be submitted to the Commission in accordance with the first subparagraph within the deadline set therein, or if the joint recommendation is deemed not to be compatible with the requirements referred to in paragraph 1, the Commission may submit a proposal in accordance with the Treaty.

Article 12

Commission measures in case of a serious threat to marine biological resources

Article 13

Member State emergency measures

Article 14

Avoidance and minimisation of unwanted catches

Article 15

Landing obligation

All catches of species which are subject to catch limits and, in the Mediterranean, also catches of species which are subject to minimum sizes as defined in Annex III to Regulation (EC) No 1967/2006, caught during fishing activities in Union waters or by Union fishing vessels outside Union waters in waters not subject to third countries' sovereignty or jurisdiction, in the fisheries and geographical areas listed below shall be brought and retained on board the fishing vessels, recorded, landed and counted against the quotas where applicable, except when used as live bait, in accordance with the following time-frames:

(a) From 1 January 2015 at the latest: — small pelagic fisheries (i.e. fisheries for mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat); — large pelagic fisheries (i.e. fisheries for bluefin tuna, swordfish, albacore tuna, bigeye tuna, blue and white marlin); — fisheries for industrial purposes (inter alia, fisheries for capelin, sandeel and Norwegian pout); — fisheries for salmon in the Baltic Sea.

(b) From 1 January 2015 at the latest for species which define the fisheries and from 1 January 2017 at the latest for all other species in fisheries in Union waters of the Baltic Sea for species subject to catch limits other than those covered by point (a).

(c) From 1 January 2016 at the latest for the species which define the fisheries and from 1 January 2019 at the latest for all other species in: (i) the North Sea — fisheries for cod, haddock, whiting, saithe; — fisheries for Norway lobster; — fisheries for common sole and plaice; — fisheries for hake; — fisheries for Northern prawn; (ii) North Western waters — fisheries for cod, haddock, whiting, saithe; — fisheries for Norway lobster; — fisheries for common sole and plaice; — fisheries for hake; (iii) South Western waters — fisheries for Norway lobster; — fisheries for common sole and plaice; — fisheries for hake; (iv) other fisheries for species subject to catch limits.

(d) From 1 January 2017 at the latest for species which define the fisheries and from 1 January 2019 at the latest for all other species in fisheries not covered by point (a) in the Mediterranean, in the Black Sea and in all other Union waters and in non-Union waters not subject to third countries' sovereignty or jurisdiction.

The landing obligation referred to in paragraph 1 shall not apply to:

(a) species in respect of which fishing is prohibited and which are identified as such in a Union legal act adopted in the area of the CFP;

(b) 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;

(d) fish which shows damage caused by predators.

Details of the implementation of the landing obligation referred to in paragraph 1 shall be specified in multiannual plans referred to in Articles 9 and 10 and, where relevant, further specified in accordance with Article 18, including:

(a) specific provisions regarding fisheries or species covered by the landing obligation referred to in paragraph 1, such as the technical measures referred to in Article 7(2), aimed at increasing gear selectivity or reducing or, as far as possible, eliminating unwanted catches;

(b) the specification of exemptions to the landing obligation of species referred to in point (b) of paragraph 4;

(c) provisions for de minimis exemptions of up to 5 % of total annual catches of all species subject to the landing obligation referred to in paragraph 1. The de minimis exemption shall apply in the following cases: (i) where scientific evidence indicates that increases in selectivity are very difficult to achieve; or (ii) to avoid disproportionate costs of handling unwanted catches, for those fishing gears where unwanted catches per fishing gear do not represent more than a certain percentage, to be established in a plan, of total annual catch of that gear. Catches under the provisions referred to in this point shall not be counted against the relevant quotas; however, all such catches shall be fully recorded. For a transitional period of four years, the percentage of the total annual catches referred to in this point shall increase: (i) by two percentage points in the first two years of application of the landing obligation; and (ii) by one percentage point in the subsequent two years;

(d) provisions on documentation of catches;

(e) where appropriate, the fixing of minimum conservation reference sizes in accordance with paragraph 10.

Annual reports shall include:

— steps taken by Member States and producer organisations to comply with the landing obligation;

— steps taken by Member States regarding control of compliance with the landing obligation;

— information on the socioeconomic impact of the landing obligation;

— information on the effect of the landing obligation on safety on board fishing vessels;

— information on the use and outlets of catches below the minimum conservation reference size of a species subject to the landing obligation;

— information on port infrastructures and of vessels' fitting with regard to the landing obligation;

— for each fishery concerned, information on the difficulties encountered in the implementation of the landing obligation and recommendations to address them.

Article 16

Fishing opportunities

Article 17

Criteria for the allocation of fishing opportunities by Member States

When allocating the fishing opportunities available to them, as referred to in Article 16, Member States shall use transparent and objective criteria including those of an environmental, social and economic nature. The criteria to be used may include, inter alia, the impact of fishing on the environment, the history of compliance, the contribution to the local economy and historic catch levels. Within the fishing opportunities allocated to them, Member States shall endeavour to provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact, such as reduced energy consumption or habitat damage.

TITLE III

Regionalisation

Article 18

Regional cooperation on conservation measures

Member States shall ensure that the joint recommendations on conservation measures to be adopted pursuant to paragraph 1 are based on the best available scientific advice and fulfil all of the following requirements:

(a) they are compatible with the objectives set out in Article 2;

(b) they are compatible with the scope and objectives of the relevant conservation measure;

(c) they are compatible with the scope and meet the objectives and quantifiable targets set out in a relevant multiannual plan effectively;

(d) they are at least as stringent as measures under Union law.

TITLE IV

National measures

Article 19

Member State measures applicable to fishing vessels flying their flag or to persons established in their territory

A Member State may adopt measures for the conservation of fish stocks in Union waters provided that those measures fulfil all of the following requirements:

(a) they apply solely to fishing vessels flying the flag of that Member State or, in the case of fishing activities which are not conducted by a fishing vessel, to persons established in that part of its territory to which the Treaty applies;

(b) they are compatible with the objectives set out in Article 2;

Article 20

Member State measures within the 12 nautical mile zone

PART IV

MANAGEMENT OF FISHING CAPACITY

Article 21

Establishment of systems of transferable fishing concessions

Member States may establish a system of transferable fishing concessions. Member States having such a system shall establish and maintain a register of transferable fishing concessions.

Article 22

Adjustment and management of fishing capacity

The report shall contain the annual capacity assessment of the national fleet and of all fleet segments of the Member State. The report shall seek to identify structural overcapacity by segment and shall estimate the long-term profitability by segment. The reports shall be made publicly available.

On a yearly basis, the Commission shall prepare a report for the European Parliament and for the Council on the balance between the fishing capacity of the Member States' fleets and their fishing opportunities, in accordance with the guidelines referred to in the first subparagraph of paragraph 2. The report shall include action plans referred to in the first subparagraph of this paragraph. The first report shall be submitted by 31 March 2015.

Failure to make the report referred to in paragraph 2, and/or failure to implement the action plan referred to in the first subparagraph of this paragraph, may result in a proportionate suspension or interruption of relevant Union financial assistance to that Member State for fleet investment in the fleet segment or segments concerned in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

Article 23

Entry/Exit scheme

Article 24

Fishing fleet registers

PART V

SCIENTIFIC BASE FOR FISHERIES MANAGEMENT

Article 25

Data requirements for fisheries management

Member States shall, in accordance with the rules adopted in the area of data collection, collect biological, environmental, technical, and socio-economic data necessary for fisheries management, manage those data and make them available to end–users, including bodies designated by the Commission. The acquisition and management of such data shall be eligible for funding through the European Maritime and Fisheries Fund in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020. Those data shall, in particular, enable the assessment of:

(a) the state of exploited marine biological resources;

(b) the level of fishing and the impact that fishing activities have on the marine biological resources and on the marine ecosystems; and

The collection, management and use of data shall be based on the following principles:

(a) accuracy and reliability, and collection in a timely manner;

(b) the use of coordination mechanisms with a view to avoiding duplication of data collection for different purposes;

(c) safe storage and protection of collected data in computerised databases, and their public availability where appropriate, including at aggregated level, whilst ensuring confidentiality;

(d) access by the Commission, or by bodies designated by it, to the national databases and systems used for processing the collected data for the purpose of verification of the existence and quality of the data;

(e) the availability in a timely manner of the relevant data and the respective methodologies by which they are obtained, for bodies with a research or management interest in the scientific analysis of data in the fisheries sector and for any interested parties, save in circumstances where protection and confidentiality are required under applicable Union law.

The Commission shall assess the annual report on data collection after consulting its scientific advisory body and, where appropriate, regional fisheries management organisations (RFMOs) to which the Union is a contracting party or observer and relevant international scientific bodies.

Article 26

Consulting scientific bodies

The Commission shall consult appropriate scientific bodies. STECF shall be consulted, where appropriate, on matters pertaining to the conservation and management of living marine resources, including biological, economic, environmental, social and technical considerations. Consultations of scientific bodies shall take into account the proper management of public funds, with the aim of avoiding duplication of work by such bodies.

Article 27

Research and Scientific Advice

PART VI

EXTERNAL POLICY

Article 28

Objectives

In particular, the Union shall:

(a) actively support and contribute to the development of scientific knowledge and advice;

(b) improve policy coherence of Union initiatives, with particular regard to environmental, trade and development activities and strengthen consistency of actions taken in the context of development cooperation and scientific, technical and economic cooperation;

(d) ensure that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law in the area of the CFP, while promoting a level–playing field for Union operators vis-à-vis third-country operators;

(e) promote and support, in all international spheres, action necessary to eradicate IUU-fishing;

(f) promote the establishment and the strengthening of compliance committees of RFMOs, periodical independent performance reviews and appropriate remedial actions, including effective and dissuasive penalties, which are to be applied in a transparent and non-discriminatory manner.

TITLE I

International fisheries organisations

Article 29

Union activities in international fisheries organisations

Article 30

Compliance with international provisions

The Union shall, including through the European Fisheries Control Agency ("the Agency"), cooperate with third countries and international organisations dealing with fisheries, including RFMOs, to strengthen compliance with measures, especially those to combat IUU fishing, in order to ensure that measures adopted by such international organisations are strictly adhered to.

TITLE II

Sustainable fisheries partnership agreements

Article 31

Principles and objectives of Sustainable fisheries partnership agreements

Such frameworks may include:

(a) development and support for the necessary scientific and research institutions;

(b) monitoring, control and surveillance capabilities;

Those agreements shall also, to the extent possible, include:

(a) a clause prohibiting the granting of more favourable conditions to other fleets fishing in those waters than those granted to Union economic actors, including conditions concerning the conservation, development and management of resources, financial arrangements, and fees and rights relating to the issuing of fishing authorisations;

(b) an exclusivity clause relating to the rule provided for in paragraph 5.

Where the state granting the flag during the period that the vessel was off the Union fishing fleet register became recognised under Union law as a non-cooperating state with regard to combating, deterring and eliminating IUU fishing, or as a state allowing for non-sustainable exploitation of living marine resources, such fishing authorisation shall only be granted if it is established that the vessel's fishing operations ceased and the owner took immediate action to remove the vessel from the register of that state.

Article 32

Financial assistance

The Union shall provide financial assistance to third countries through Sustainable fisheries partnership agreements in order to:

(a) support part of the cost of access to the fisheries resources in third country waters; the part of the cost of access to the fisheries resources to be paid by Union vessel owners shall be assessed for each Sustainable fisheries partnership agreement or a Protocol to it and shall be fair, non-discriminatory and commensurate with the benefits provided through the access conditions;

(b) establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, promote consultation processes with interest groups, and monitoring, control and surveillance capability and other capacity building items relating to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditional upon the achievement of specific results and complementary to and consistent with the development projects and programmes implemented in the third country in question.

TITLE III

Management of stocks of common interest

Article 33

Principles and objectives of management of stocks of common interest to the Union and third countries and agreements on exchange and joint management

PART VII

AQUACULTURE

Article 34

Promoting sustainable aquaculture

With a view to promoting sustainability and contributing to food security and supplies, growth and employment, the Commission shall establish non-binding Union strategic guidelines on common priorities and targets for the development of sustainable aquaculture activities. Such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the Union and shall form the basis for multiannual national strategic plans, and shall aim at:

(a) improving the competitiveness of the aquaculture industry and supporting its development and innovation;

(b) reducing the administrative burden and making the implementation of Union law more efficient and responsive to the needs of stakeholders;

(d) diversification and improvement of the quality of life in coastal and inland areas;

(e) integrating aquaculture activities into maritime, coastal and inland spatial planning.

Multiannual national strategic plans shall, in particular, have the following aims:

(a) administrative simplification, in particular regarding evaluations and impact studies and licenses;

(b) reasonable certainty for aquaculture operators in relation to access to waters and space;

(d) assessment of other possible cross-border effects, especially on marine biological resources and marine ecosystems in neighbouring Member States;

(e) the creation of synergies between national research programmes and collaboration between the industry and the scientific community;

(f) the promotion of the competitive advantage of sustainable, high quality food;

(g) the promotion of aquaculture practices and research with a view to enhancing positive effects on the environment and on the fish resources, and to reducing negative impacts, including reducing pressure on fish stocks used for feed production, and increasing resource efficiency.

PART VIII

COMMON MARKET ORGANISATION

Article 35

Objectives

A common organisation of the markets in fishery and aquaculture products (the common market organisation) shall be established to:

(a) contribute to the achievement of the objectives set out in Article 2, and in particular to the sustainable exploitation of living marine biological resources;

(b) enable the fishery and aquaculture industry to apply the CFP at the appropriate level;

(d) improve the transparency and stability of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain, ensure that the distribution of added value along the sector's supply chain is more balanced, improve consumer information and raise awareness, by means of notification and labelling that provides comprehensible information;

(e) contribute to ensuring a level–playing field for all products marketed in the Union by promoting sustainable exploitation of fisheries resources;

(f) contribute to ensuring that consumers have a diverse supply of fishery and aquaculture products;

(g) provide the consumer with verifiable and accurate information regarding the origin of the product and its mode of production, in particular through marking and labelling.

The common market organisation shall include, in particular:

(a) the organisation of the industry including market stabilization measures;

(b) the production and marketing plans of fishery and aquaculture producer organisations;

(d) consumer information.

PART IX

CONTROL AND ENFORCEMENT

Article 36

Objectives

Control and enforcement of the CFP shall in particular be based on and shall include the following:

(a) a global, integrated and common approach;

(b) cooperation and coordination between Member States, the Commission and the Agency;

(d) the use of efficient control technologies for the availability and quality of data on fisheries;

(e) a Union framework for control, inspection and enforcement;

(f) a risk-based strategy focused on systematic and automated cross-checks of all available relevant data;

(g) the development of a culture of compliance and co-operation among all operators and fishermen.

The Union shall adopt appropriate measures with regard to third countries which allow non-sustainable fishing.

Article 37

Expert group on compliance

The expert group shall in particular:

(a) regularly review issues of compliance and implementation under Union fisheries control system and identify possible difficulties of common interest in implementation of the CFP rules;

(b) formulate advice in relation to the implementation of the CFP rules, including prioritisation of Union financial assistance; and

Article 38

Pilot projects on new control technologies and data management systems

The Commission and the Member States may carry out pilot projects on new control technologies and systems for data management.

Article 39

Contribution to control, inspection, enforcement and data collection costs

Member States may require their operators to contribute proportionally to the operational costs of implementing the Union fisheries control system and of data collection.

PART X

FINANCIAL INSTRUMENTS

Article 40

Objectives

Union financial assistance may be granted to contribute to the achievement of the objectives set out in Article 2.

Article 41

Conditions for financial assistance to Member States

Article 42

Conditions for financial assistance to operators

PART XI

ADVISORY COUNCILS

Article 43

Establishment of Advisory Councils

In particular, the following new Advisory Councils shall be established, in accordance with Annex III:

(a) an Advisory Council for the outermost regions, divided into three sections for each of the following sea basins: West Atlantic, East Atlantic and Indian Ocean;

(b) an Advisory Council for aquaculture;

(d) an Advisory Council for the Black Sea.

Article 44

Tasks of Advisory Councils

Advisory Councils may:

(a) submit recommendations and suggestions on matters relating to the management of fisheries and the socio-economic and conservation aspects of fisheries and aquaculture to the Commission and to the Member State concerned, and, in particular, recommendations on how to simplify rules on fisheries management;

(b) inform the Commission and Member States of problems relating to the management and the socio-economic and conservation aspects of fisheries and, where appropriate, of aquaculture in their geographical area or field of competence and propose solutions to overcome those problems;

(c) contribute, in close cooperation with scientists, to the collection, supply and analysis of data necessary for the development of conservation measures.

If an issue is of common interest to two or more Advisory Councils, they shall coordinate their positions with a view to adopting joint recommendations on that issue.

Article 45

Composition, functioning and funding of Advisory Councils

Advisory Councils shall be composed of:

(a) organisations representing the fisheries and, where appropriate, aquaculture operators, and representatives of the processing and marketing sectors;

(b) other interest groups affected by the CFP (e.g. environmental organisations and consumer groups).

PART XII

PROCEDURAL PROVISIONS

Article 46

Exercise of delegation

Article 47

Committee procedure

Where the committee delivers no opinion on a draft implementing act to be adopted pursuant to Article 23, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

PART XIII

FINAL PROVISIONS

Article 48

Repeals and amendments

References to the repealed Regulation shall be construed as references to this Regulation.

In Article 105 of Regulation (EC) No 1224/2009, the following paragraph is inserted:

Article 49

Review

The Commission shall report to the European Parliament and to the Council on the functioning of the CFP by 31 December 2022.

Article 50

Annual report

The Commission shall report annually to the European Parliament and to the Council on the progress on achieving maximum sustainable yield and on the situation of fish stocks, as early as possible following the adoption of the yearly Council Regulation fixing the fishing opportunities available in Union waters and, in certain non-Union waters, to Union vessels.

Article 51

Entry into force

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

It shall apply from 1 January 2014.

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

ANNEX I

1. Coastal waters of Ireland

(a) ACCESS FOR FRANCE

Geographical area	Species	Importance or particular characteristics
Irish coast (6 to 12 nautical miles)
1. Erris Head north-west Sybil Point west	Demersal	Unlimited
Nephrops	Unlimited
2. Mizen Head south Stags south	Demersal	Unlimited
Nephrops	Unlimited
Mackerel	Unlimited
3. Stags south Cork south	Demersal	Unlimited
Nephrops	Unlimited
Mackerel	Unlimited
Herring	Unlimited
4. Cork south, Carnsore Point south	All species	Unlimited
5. Carnsore Point south, Haulbowline south-east	All species, except shellfish	Unlimited

(b) ACCESS FOR THE NETHERLANDS

Geographical area	Species	Importance or particular characteristics
Irish coast (6 to 12 miles)
1. Stags south Carnsore Point south	Herring	Unlimited
Mackerel	Unlimited

(c) ACCESS FOR GERMANY

Geographical area	Species	Importance or particular characteristics
Irish coast (6 to 12 nautical miles)
1. Old Head of Kinsale south Carnsore Point south	Herring	Unlimited
2. Cork south Carnsore Point south	Mackerel	Unlimited

(d) ACCESS FOR BELGIUM

Geographical area	Species	Importance or particular characteristics
Irish coast (6 to 12 nautical miles)
1. Cork south Carnsore Point south	Demersal	Unlimited
2. Wicklow Head east Carlingford Lough south-east	Demersal	Unlimited

2. Coastal waters of Belgium

Geographical area	Member State	Species	Importance or particular characteristics
3 to 12 nautical miles	Netherlands	All species	Unlimited
	France	Herring	Unlimited

3. Coastal waters of Denmark

Geographical area	Member State	Species	Importance or particular characteristics
North Sea coast (Danish/German frontier to Hanstholm) (6 to 12 nautical miles)

Danish/German frontier to Blåvands Huk	Germany	Flatfish	Unlimited
Shrimps and prawns	Unlimited
Netherlands	Flatfish	Unlimited
Roundfish	Unlimited
Blåvands Huk to Bovbjerg	Belgium	Cod	Unlimited only from 1 June to 31 July
Haddock	Unlimited only from 1 June to 31 July
Germany	Flatfish	Unlimited
Netherlands	Plaice	Unlimited
Sole	Unlimited
Thyborøn to Hanstholm	Belgium	Whiting	Unlimited only from 1 June to 31 July
Plaice	Unlimited only from 1 June to 31 July
	Germany	Flatfish	Unlimited
Sprat	Unlimited
Cod	Unlimited
Saithe	Unlimited
Haddock	Unlimited
Mackerel	Unlimited
Herring	Unlimited
Whiting	Unlimited
Netherlands	Cod	Unlimited
Plaice	Unlimited
Sole	Unlimited
Skagerrak (Hanstholm to Skagen) (4 to 12 nautical miles)	Belgium	Plaice	Unlimited only from 1 June to 31 July
Germany	Flatfish	Unlimited
Sprat	Unlimited
Cod	Unlimited
Saithe	Unlimited
Haddock	Unlimited
Mackerel	Unlimited
Herring	Unlimited
Whiting	Unlimited
Netherlands	Cod	Unlimited
Plaice	Unlimited
Sole	Unlimited
Kattegat (3 to 12 miles)	Germany	Cod	Unlimited
Flatfish	Unlimited
Nephrops	Unlimited
Herring	Unlimited
North of Zeeland to the parallel of the latitude passing through Forsnæs lighthouse	Germany	Sprat	Unlimited
Baltic Sea (including Belts, Sound, Bornholm) (3 to 12 nautical miles)	Germany	Flatfish	Unlimited
Cod	Unlimited
Herring	Unlimited
Sprat	Unlimited
Eel	Unlimited
Salmon	Unlimited
Whiting	Unlimited
Mackerel	Unlimited
Skagerrak (4 to 12 miles)	Sweden	All species	Unlimited
Kattegat (3 to 12 miles) (¹)	Sweden	All species	Unlimited
Baltic Sea (3 to 12 miles)	Sweden	All species	Unlimited
(¹) Measured from the coastline.

4. Coastal waters of Germany

Geographical area	Member State	Species	Importance or particular characteristics
North Sea coast (3 to 12 nautical miles) all coasts	Denmark	Demersal	Unlimited
Sprat	Unlimited
Sandeel	Unlimited
Netherlands	Demersal	Unlimited
Shrimps and prawns	Unlimited
Danish/German frontier to the northern tip of Amrum at 54° 43′ N	Denmark	Shrimps and prawns	Unlimited
Baltic coast (3 to 12 miles)	Denmark	Cod	Unlimited
Plaice	Unlimited
Herring	Unlimited
Sprat	Unlimited
Eel	Unlimited
Whiting	Unlimited
Mackerel	Unlimited

5. Coastal waters of France and the overseas departments

Geographical area	Member State	Species	Importance or particular characteristics
North east Atlantic coast (6 to 12 nautical miles)
Belgian/French frontier to east of Departement Manche (Vire-Grandcamp les Bains estuary 49° 23′ 30″ N-1° 02′ WNNE)	Belgium	Demersal	Unlimited
Scallops	Unlimited
Netherlands	All species	Unlimited
Dunkerque (2° 20′ E) to Cap d’Antifer (0° 10′ E)	Germany	Herring	Unlimited only from 1 October to 31 December
Atlantic coast (6 to 12 nautical miles)
Spanish/French frontier to 46° 08′ N	Spain	Anchovies	Directed fishing, unlimited only from 1 March to 30 June
Fishing for live bait from 1 July to 31 October only
Sardines	Unlimited only from 1 January to 28 February and from 1 July to 31 December
			In addition, activities relating to the abovementioned species must be pursued in accordance with, and within the limits of, the activities pursued during 1984
Mediterranean coast (6 to 12 nautical miles)
Spanish frontier Cap Leucate	Spain	All species	Unlimited

6. Coastal waters of Spain

Geographical area	Member State	Species	Importance or particular characteristics
Atlantic coast (6 to 12 nautical miles)
French/Spanish frontier to Cap Mayor lighthouse (3° 47′ W)	France	Pelagic	Unlimited in accordance with, and within the limits of, the activities pursued during 1984
Mediterranean coast (6 to 12 nautical miles)
French frontier/Cap Creus	France	All species	Unlimited

7. Coastal waters of Croatia ()

Geographical area	Member State	Species	Importance or particular characteristics
12 miles limited to the sea area under the sovereignty of Croatia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana)	Slovenia	Demersal and small pelagic species including sardine and anchovy	100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets
(¹) The abovementioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009.

8. Coastal waters of the Netherlands

Geographical area	Member State	Species	Importance or particular characteristics
(3 to 12 nautical miles) whole coast	Belgium	All species	Unlimited
Denmark	Demersal	Unlimited
Sprat	Unlimited
Sandeel	Unlimited
Horse-mackerel	Unlimited
Germany	Cod	Unlimited
Shrimps and prawns	Unlimited
(6 to 12 nautical miles) whole coast	France	All species	Unlimited

9. Coastal waters of Slovenia ()

Geographical area	Member State	Species	Importance or particular characteristics
12 miles limited to the sea area under the sovereignty of Slovenia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana)	Croatia	Demersal and small pelagic species including sardine and anchovy	100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets
(¹) The abovementioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009.

10. Coastal waters of Finland

Geographical area	Member State	Species	Importance or particular characteristics
Baltic Sea (4 to 12 miles) (¹)	Sweden	All species	Unlimited
(¹) 3 to 12 miles around Bogskär Isles.

11. Coastal waters of Sweden

Geographical area	Member State	Species	Importance or particular characteristics
Skagerrak (4 to 12 nautical miles)	Denmark	All species	Unlimited
Kattegat (3 to 12 miles) (¹)	Denmark	All species	Unlimited
Baltic Sea (4 to 12 miles)	Denmark	All species	Unlimited
Finland	All species	Unlimited
(¹) Measured from the coastline.

12. Coastal waters of Greece

Geographical area	Member State	Species	Importance or particular characteristics
Ionian Sea 6 to 12 nautical miles in Greek territorial waters	Italy	Cephalopods Crustaceans Demersal Large pelagic species	A maximum number of 68 vessels
South-Southeast of the island of Crete (East of 26°00′00″ E) 6 to 12 nautical miles in Greek EEZ
South-Southeast of the island of Koufonisi 6 to 12 nautical miles in Greek EEZ
South-Southwest of the island of Kasos 6 to 12 nautical miles in Greek EEZ
South-Southeast of the island of Karpathos 6 to 12 nautical miles in Greek EEZ
South-Southwest (West of 27°59′02.00″ E) of the island of Rhodes 6 to 12 nautical miles in Greek EEZ.

ANNEX II

FISHING CAPACITY CEILINGS

Member State	GT	kW
Belgium	18 962	51 586
Bulgaria	7 250	62 708
Denmark	88 762	313 333
Germany	71 117	167 078
Estonia	21 677	52 566
Ireland	77 568	210 083
Greece	84 123	469 061
Spain (including outermost regions)	423 550	964 826
France (including outermost regions)	214 282	1 166 328
Croatia	53 452	426 064
Italy	173 506	1 070 028
Cyprus	11 021	47 803
Latvia	46 418	58 496
Lithuania	73 489	73 516
Malta	14 965	95 776
Netherlands	166 859	350 736
Poland	38 270	90 650
Portugal (including outermost regions)	114 549	386 539
Romania	1 908	6 356
Slovenia	675	8 867
Finland	18 066	181 717
Sweden	43 386	210 829
United Kingdom	231 106	909 141
Outermost regions of the Union	GT	kW
---	---	---
Spain
Canary Islands: L (¹) < 12 m. Union waters	2 617	20 863
Canary Islands: L > 12 m. Union waters	3 059	10 364
Canary Islands: L > 12 m. International and third country waters	28 823	45 593
France
Reunion Island: Demersal and pelagic species. L < 12 m	1 050	19 320
Reunion Island: Pelagic species. L > 12 m	10 002	31 465
French Guyana: Demersal and pelagic species. Length < 12 m	903	11 644
French Guyana: Shrimp vessels	7 560	19 726
French Guyana: Pelagic species. Offshore vessels.	3 500	5 000
Martinique: Demersal and pelagic species. L < 12 m	5 409	142 116
Martinique: Pelagic species. L > 12 m	1 046	3 294
Guadeloupe: Demersal and pelagic species. L < 12 m	6 188	162 590
Guadeloupe: Pelagic species. L > 12 m	500	1 750

Mayotte. Seiners	13 916 (^*1)	24 000 (^*1)
Mayotte. Mechanical long-liners < 23 m	2 500 (^*1)	8 500 (^*1)
Mayotte. Demersal and pelagic species. Vessels < 10 m	p.m. (^*2)	p.m. (^*2)

Portugal
Madeira: Demersal species. L < 12 m	604	3 969
Madeira: Demersal and pelagic species. L > 12 m	4 114	12 734
Madeira: Pelagic species. Seine. L > 12 m	181	777
Azores: Demersal species. L < 12 m	2 617	29 870
Azores: Demersal and pelagic species. L > 12 m	12 979	25 721
(¹) "L" means overall length of a vessel. (¹) According to the development plan presented to IOTC on 7 January 2011. (2) Ceilings shall be indicated in this table when ready and at the latest by 31 December 2025.

ANNEX III

ADVISORY COUNCILS

1. Name and area of competence of Advisory Councils

Name	Areas of competence
Baltic Sea	ICES zones IIIb, IIIc and IIId
Black Sea	GFCM geographical sub-area as defined in Resolution GFCM/33/2009/2
Mediterranean Sea	Maritime Waters of the Mediterranean of the East of line 5°36′ West
North Sea	ICES zones IV and IIIa
North Western waters	ICES zones V (excluding Va and only Union waters of Vb), VI and VII
South Western waters	ICES zones VIII, IX and X (waters around Azores), and CECAF zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands)
Outermost regions	Union waters around the outermost regions as referred to in the first paragraph of Article 349 of the Treaty divided into three sea basins: West Atlantic, East Atlantic, Indian Ocean
Pelagic stocks (blue whiting, mackerel, horse mackerel, herring, boarfish)	All geographical areas excluding the Baltic Sea and the Mediterranean Sea
High seas/long distance fleet	All non Union-waters
Aquaculture	Aquaculture, as defined in Article 4
Markets	All market areas

2. Functioning and funding of Advisory Councils

(a)In the general assembly and executive committee, 60 % of the seats shall be allotted to representatives of fishermen and for the Aquaculture Advisory Council, aquaculture operators, and representatives of the processing and marketing sectors, and 40 % to representatives of the other interest groups affected by the Common Fisheries Policy, for example environmental organisations and consumer groups.

(b)Except for the Advisory Council for Aquaculture and for the Advisory Council for Markets, at least one representative of the catching subsector from each Member State concerned shall be member of the executive committee.

(c)The members of the executive committee shall, where possible, adopt recommendations by consensus. If no consensus can be reached, dissenting opinions expressed by members shall be recorded in the recommendations adopted by the majority of the members present and voting.

(d)Each Advisory Council shall designate a chairperson by consensus. The chairperson shall act impartially.

(e)Each Advisory Council shall adopt the measures necessary to ensure transparency and the respect of all opinions expressed.

(f)Recommendations adopted by the executive committee shall be made available immediately to the general assembly, the Commission, Member States concerned and, upon request, to any member of the public.

(g)The meetings of the general assembly shall be open to the public. The meetings of the executive committee shall be open to the public unless, in exceptional cases, decided otherwise by a majority of the executive committee.

(h)European and national organisations representing the fisheries sector and other interest groups may propose members to the Member States concerned. Those Member States shall agree on the members of the general assembly.

(i)Representatives of national and regional administrations that have fisheries interests in the area concerned and researchers from the Member States' scientific and fisheries research institutes and from the international scientific institutions that advise the Commission shall be allowed to participate in Advisory Council meetings as active observers. Any other qualified scientist may also be invited.

(j)Representatives of the European Parliament and of the Commission may take part as active observers in Advisory Council meetings.

(k)When issues that affect them are discussed, representatives of the fisheries sector and other interest groups from third countries, including representatives from RFMOs, that have a fishing interest in the area or fisheries covered by an Advisory Council, may be invited to participate as active observers.

(l)Advisory Councils may apply for Union financial assistance as bodies pursuing an aim of general European interest.

(m)The Commission shall sign a grant agreement with each Advisory Council to contribute to its operational costs, including translation and interpretation costs.

(n)The Commission may carry out all verifications it considers necessary to ensure compliance with the tasks assigned to the Advisory Councils.

(o)Each Advisory Council shall transmit annually its budget and a report of its activities to the Commission and to the Member States concerned.

(p)The Commission or the Court of Auditors may at any time arrange for an audit to be carried out either by an outside body of its choice or by the Commission or the Court of Auditors departments themselves.

(q)Each Advisory Council shall appoint a certified auditor for the period during which it benefits from Union funds.