LegalizeRegulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008
REGULATION (EU) 2019/472 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 March 2019
establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject-matter and scope
This Regulation establishes a multiannual plan (‘the plan’) for the demersal stocks listed below, including deep-sea stocks, in the Western Waters, and, where those stocks extend beyond the Western Waters, in their adjacent waters, and for the fisheries exploiting those stocks:
(1)black scabbardfish (Aphanopus carbo) in ICES subareas 1, 2, 4, 6–8, 10 and 14 and divisions 3a, 5a, 5b, 9a and 12b;
(2)roundnose grenadier (Coryphaenoides rupestris) in ICES subareas 6 and 7 and division 5b;
(3)seabass (Dicentrarchus labrax) in ICES divisions 4b, 4c, 7a, 7d–h, 8a and 8b;
(4)seabass (Dicentrarchus labrax) in ICES divisions 6a, 7b and 7j;
(5)seabass (Dicentrarchus labrax) in ICES divisions 8c and 9a;
(6)cod (Gadus morhua) in ICES division 7a;
(7)cod (Gadus morhua) in ICES divisions 7e–k;
(8)megrims (Lepidorhombus spp.) in ICES divisions 4a and 6a;
(9)megrims (Lepidorhombus spp.) in ICES division 6b;
(10)megrims (Lepidorhombus spp.) in ICES divisions 7b–k, 8a, 8b and 8d;
(11)megrims (Lepidorhombus spp.) in ICES divisions 8c and 9a;
(12)anglerfish (Lophiidae) in ICES divisions 7b–k, 8a, 8b and 8d;
(13)anglerfish (Lophiidae) in ICES divisions 8c and 9a;
(14)haddock (Melanogrammus aeglefinus) in ICES division 6b;
(15)haddock (Melanogrammus aeglefinus) in ICES division 7a;
(16)haddock (Melanogrammus aeglefinus) in ICES divisions 7b–k;
(17)whiting (Merlangius merlangus) in ICES divisions 7b, 7c and 7e–k;
(18)whiting (Merlangius merlangus) in ICES subarea 8 and division 9a;
(19)hake (Merluccius merluccius) in ICES subareas 4, 6 and 7 and divisions 3a, 8a, 8b and 8d;
(20)hake (Merluccius merluccius) in ICES divisions 8c and 9a;
(21)blue ling (Molva dypterygia) in ICES subareas 6 and 7 and division 5b;
(22)Norway lobster (Nephrops norvegicus) by functional unit in ICES subarea 6 and division 5b:
—in North Minch (FU 11);
—in South Minch (FU 12);
—in Firth of Clyde (FU 13);
—in division 6a, outside the functional units (West of Scotland);
(23)Norway lobster (Nephrops norvegicus) by functional unit in ICES subarea 7:
—in Irish Sea East (FU 14);
—in Irish Sea West (FU 15);
—in Porcupine Banks (FU 16);
—in Aran grounds (FU 17);
—in the Irish Sea (FU 19);
—in the Celtic Sea (FU 20-21);
—in the Bristol Channel (FU 22);
—outside the functional units (Southern Celtic Sea, Southwest of Ireland);
(24)Norway lobster (Nephrops norvegicus) by functional unit in ICES divisions 8a, 8b, 8d and 8e:
—in Northern and Central Bay of Biscay (FU 23-24);
(25)Norway lobster (Nephrops norvegicus) by functional unit in ICES subareas 9 and 10, and CECAF zone 34.1.1:
—in Atlantic Iberian waters East, Western Galicia and Northern Portugal (FU 26-27);
—in Atlantic Iberian waters East and Southwestern and Southern Portugal (FU 28-29);
—in Atlantic Iberian waters East and the Gulf of Cádiz (FU 30);
(26)red seabream (Pagellus bogaraveo) in ICES subarea 9;
(27)plaice (Pleuronectes platessa) in ICES division 7d;
(28)plaice (Pleuronectes platessa) in ICES division 7e;
(29)pollack (Pollachius pollachius) in ICES subareas 6 and 7;
(30)common sole (Solea solea) in ICES subareas 5, 12 and 14 and division 6b;
(31)common sole (Solea solea) in ICES division 7d;
(32)common sole (Solea solea) in ICES division 7e;
(33)common sole (Solea solea) in ICES divisions 7f and 7g;
(34)common sole (Solea solea) in ICES divisions 7h, 7j and 7k;
(35)common sole (Solea solea) in ICES divisions 8a and 8b;
(36)common sole (Solea solea) in ICES divisions 8c and 9a.
Where scientific advice, in particular that of ICES or a similar independent scientific body recognised at Union or international level, indicates a change in the geographical distribution of the stocks listed in the first subparagraph of this paragraph, the Commission may adopt delegated acts in accordance with Article 18 amending this Regulation by adjusting the areas specified in the first subparagraph of this paragraph in order to reflect that change. Such adjustments shall not extend the stock areas beyond Union waters of ICES subareas 4 to 10, and the CECAF zones 34.1.1, 34.1.2 and 34.2.0.
Where, on the basis of scientific advice, the Commission considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended, the Commission may submit a proposal for the amendment of that list.
With respect to adjacent waters covered in paragraph 1 of this Article, only Articles 4 and 7 and the measures related to fishing opportunities under Article 8 of this Regulation shall apply.
This Regulation also applies to by-catches caught in the Western Waters when fishing for the stocks listed in paragraph 1. However, where ranges of FMSY and safeguards linked to biomass for those stocks are established under other Union legal acts establishing multiannual plans, those ranges and safeguards shall apply.
This Regulation also specifies details for the implementation of the landing obligation in Union waters of the Western Waters for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.
This Regulation provides for technical measures, as set out in Article 9, applicable in the Western Waters in respect of any stock.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply in addition to those laid down in Article 4 of Regulation (EU) No 1380/2013, Article 4 of Council Regulation (EC) No 1224/2009 (1) and Article 3 of Council Regulation (EC) No 850/98 (2):
(1)‘Western Waters’ means the North Western Waters (ICES subareas 5 (excluding division 5a and only Union waters of division 5b), 6 and 7) and the South Western Waters (ICES subareas 8, 9 and 10 (waters around Azores), and CECAF zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands));
(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’ mean the lowest value within the range of FMSY;
(4)‘MSY Fupper’ mean 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 for 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, or, in the case of Norway lobster, abundance 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.
CHAPTER II
OBJECTIVES
Article 3
Objectives
The 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.
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.
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:
(a)ensure that the conditions described in descriptor 3 contained in Annex I to Directive 2008/56/EC are fulfilled;
(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; and
(c)contribute to the achievement of the objectives set out in Articles 4 and 5 of Directive 2009/147/EC and Articles 6 and 12 of Directive 92/43/EEC, in particular to minimise the negative impact of fishing activities on vulnerable habitats and protected species.
Measures under the plan shall be taken in accordance with the best available scientific advice. Where there is insufficient data, a comparable degree of conservation of the relevant stocks shall be pursued.
CHAPTER III
TARGETS
Article 4
Targets
The target fishing mortality, in line with the ranges of FMSY defined in Article 2, shall be achieved as soon as possible, and on a progressive, incremental basis by 2020 for the stocks listed in Article 1(1), and shall be maintained thereafter within the ranges of FMSY, in accordance with this Article.
The ranges of FMSY based on the plan shall be requested in particular from ICES or a similar independent scientific body recognised at Union or international level.
In accordance with Article 16(4) of Regulation (EU) No 1380/2013, when the Council fixes fishing opportunities for a stock, it shall establish those opportunities within the lower range of FMSY available at that time for that stock.
Notwithstanding paragraphs 1 and 3, fishing opportunities for a stock may be fixed at levels that are lower than the ranges of FMSY.
Notwithstanding paragraphs 3 and 4, fishing opportunities for a stock may be fixed in accordance with the upper range of FMSY available at that time for that stock, provided that the stock referred to in Article 1(1) is above MSY Btrigger:
(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 %.
Where ranges of FMSY cannot be determined for a stock listed in Article 1(1) because of a lack of adequate scientific information, that stock shall be managed in accordance with Article 5 until ranges of FMSY are available pursuant to paragraph 2 of this Article.
Fishing opportunities shall in any event be fixed in such a way as to ensure that there is less than a 5 % probability of the spawning stock biomass falling below Blim.
Article 5
Management of by-catch stocks
Management measures for the stocks referred to in Article 1(4) including, where appropriate, fishing opportunities shall be set taking into account the best available scientific advice and shall be consistent with the objectives laid down in Article 3.
The stocks referred to in Article 1(4) shall be managed under the precautionary approach to fisheries management as defined in point 8 of Article 4(1) of Regulation (EU) No 1380/2013 when no adequate scientific information is available, and in accordance with Article 3(5) of this Regulation.
In accordance with Article 9(5) of Regulation (EU) No 1380/2013, the management of mixed fisheries with regard to stocks referred to in Article 1(4) of this Regulation shall take into account the difficulty of fishing all stocks at MSY at the same time, especially in situations where that leads to a premature closure of the fishery.
Article 6
Limitation of variations in fishing opportunities for a stock
A relevant Advisory Council may recommend to the Commission a management approach that seeks to limit year-to-year variations in the fishing opportunities for a particular stock listed in Article 1(1).
The Council may take any such recommendations into account when fixing fishing opportunities provided that these fishing opportunities comply with Articles 4 and 8.
CHAPTER IV
SAFEGUARDS
Article 7
Conservation reference points
The following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) shall, based on the plan, be requested in particular from ICES or a similar independent scientific body recognised at Union or international level:
(a)MSY Btrigger for stocks referred to in Article 1(1);
(b)Blim for stocks referred to in Article 1(1).
Article 8
Safeguards
When scientific advice indicates that for a given year the spawning stock biomass and, in the case of Norway lobster stocks, abundance of any of the stocks referred to in Article 1(1) is below the MSY Btrigger, all appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing MSY. In particular, notwithstanding Article 4(3), fishing opportunities shall be set at levels consistent with a fishing mortality that is reduced below the upper range of FMSY, taking into account the decrease in biomass.
When scientific advice indicates that the spawning stock biomass and, in the case of Norway lobster stocks, abundance of any of the stocks referred to in Article 1(1) is below the Blim, further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above the level capable of producing MSY. In particular, those remedial measures may include, notwithstanding Article 4(3), suspending the targeted fishery for the stock or functional unit concerned and the adequate reduction of fishing opportunities.
Remedial measures referred to in this Article may include:
(a)emergency measures in accordance with Articles 12 and 13 of Regulation (EU) No 1380/2013;
(b)measures pursuant to Article 9 of this Regulation.
The choice of measures referred to in this Article shall be made in accordance with the nature, seriousness, duration and repetition of the situation where the spawning stock biomass and, in the case of Norway lobster stocks, abundance is below the levels referred to in Article 7.
CHAPTER V
TECHNICAL MEASURES
Article 9
Technical measures
The Commission is empowered to adopt delegated acts in accordance with Article 18 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 in order to supplement this Regulation regarding the following technical measures, insofar as they are not covered by Regulation (EU) 2019/1241 of the European Parliament and of the Council (3):
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