Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014

• Published date: 26 June 2019
• Official Gazette Publication: Journal officiel de l'Union européenne, L 172, 26 juin 2019

02019R1022 — EN — 14.08.2019 — 001.001

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►B REGULATION (EU) 2019/1022 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172 26.6.2019, p. 1)

Amended by:

		Official Journal
		No	page	date
►M1	REGULATION (EU) 2019/1241 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019	L 198	105	25.7.2019

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▼B

REGULATION (EU) 2019/1022 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 June 2019

establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1. This Regulation establishes a multiannual plan (‘the plan’) for the conservation and sustainable exploitation of demersal stocks in the western Mediterranean Sea.

2. This Regulation applies to the following stocks:

(a) blue and red shrimp (Aristeus antennatus) in GFCM subareas 1, 5, 6 and 7;

(b) deep-water rose shrimp (Parapenaeus longirostris) in GFCM subareas 1, 5, 6 and 9-10-11;

(c) giant red shrimp (Aristaeomorpha foliacea) in GFCM subareas 9-10-11;

(d) European hake (Merluccius merluccius) in GFCM subareas 1-5-6-7 and 9-10-11;

(e) Norway lobster (Nephrops norvegicus) in GFCM subareas 5, 6, 9 and 11;

(f) red mullet (Mullus barbatus) in GFCM subareas 1, 5, 6, 7, 9, 10 and 11.

3. This Regulation also applies to by-catch stocks caught in the western Mediterranean Sea when fishing for the stocks listed in paragraph 2. It also applies to any other demersal stocks which are caught in the western Mediterranean Sea and for which sufficient data are not available.

4. This Regulation applies to commercial fisheries catching the demersal stocks referred to in paragraphs 2 and 3, where they are carried out in Union waters or by Union fishing vessels outside the Union waters of the western Mediterranean Sea.

5. This Regulation also specifies details for the implementation of the landing obligation in Union waters of the western Mediterranean Sea for all stocks of species to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013 which are caught in demersal fisheries.

6. This Regulation provides for technical measures, as set out in Article 13, applicable in the western Mediterranean Sea in respect of any stock.

Article 2

Definitions

For the purposes of this Regulation, the following definitions 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 2 of Regulation (EC) No 1967/2006:

(1) ‘western Mediterranean Sea’ means the waters in GFCM geographical sub-areas (GSAs) 1 (Northern Alboran Sea), 2 (Alboran Island), 5 (Balearic Islands), 6 (Northern Spain), 7 (Gulf of Lions), 8 (Corsica Island), 9 (Ligurian and North Tyrrhenian Sea), 10 (South Tyrrhenian Sea) and 11 (Sardinia Island), as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council ( 2 );

(2) ‘the stocks concerned’ means the stocks listed in Article 1(2);

(3) ‘most vulnerable stock’ means the stock for which, at the time of the setting of the maximum allowable fishing effort, the fishing mortality of the previous year is the furthest from the FMSY point value determined in the best available scientific advice;

(4) ‘range of FMSY’ means a range of values provided for in the best available scientific advice, in particular by STECF, 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 stocks 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 reference point (BLIM) is no more than 5 %;

(5) ‘FMSY point value’ means 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) ‘MSY FLOWER’ means the lowest value within the range of FMSY;

(7) ‘MSY FUPPER’ means the highest value within the range of FMSY;

(8) ‘lower range of FMSY’ means a range that contains values from MSY FLOWER to FMSY point value;

(9) ‘upper range of FMSY’ means a range that contains values from FMSY point value to MSY FUPPER;

(10) ‘BLIM’ means the limit reference point, expressed as spawning stock biomass and provided for in the best available scientific advice, in particular by STECF, or a similar independent scientific body recognised at Union or international level, below which there may be reduced reproductive capacity;

(11) ‘BPA’ means the precautionary reference point, expressed as spawning stock biomass and provided for in the best available scientific advice, in particular by STECF, or a similar independent scientific body recognised at Union or international level, which ensures that the spawning stock biomass has less than 5 % probability of being below BLIM;

(12) ‘fishing effort group’ means a fleet management unit of a Member State for which a maximum allowable fishing effort is set;

(13) ‘stock group’ means a group of stocks caught together as set out in Annex I;

(14) ‘fishing day’ means any continuous period of 24 hours, or part thereof, during which a vessel is present in the western Mediterranean Sea and absent from port.

Article 3

Objectives

1. The plan shall be based on a fishing effort regime and shall aim to contribute to the achievement of the objectives of the CFP listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, as well as 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 minimum conservation reference sizes under Union law 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.

4. In particular, the 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;

(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.

5. Measures under the plan shall be taken on the basis of the best available scientific advice.

CHAPTER II

TARGETS, CONSERVATION REFERENCE POINTS AND SAFEGUARDS

Article 4

Targets

1. The target fishing mortality, in line with the ranges of FMSY defined in Article 2, shall be achieved on a progressive, incremental basis by 2020 where possible, and by 1 January 2025 at the latest, for the stocks concerned, and shall be maintained thereafter within the ranges of FMSY.

2. The ranges of FMSY based on the plan shall be requested, in particular from STECF, or a similar independent scientific body recognised at Union or international level.

3. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, when the Council fixes maximum allowable fishing effort, it shall establish that fishing effort for each fishing effort group, within the range of FMSY available at that time for the most vulnerable stock.

4. Notwithstanding paragraphs 1 and 3, maximum allowable fishing effort may be set at levels that are lower than the ranges of FMSY.

5. Notwithstanding paragraphs 1 and 3, maximum allowable fishing effort may be set above the range of FMSY available at that time for the most vulnerable stock, provided that all stocks concerned are above the BPA:

(a) if, on the basis of the best available 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 the best available 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 maximum allowable fishing effort between consecutive years to not more than 20 %.

6. Where ranges of FMSY cannot be determined for a stock listed...