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

• Published date: 14 August 2019
• Official Gazette Publication: Gazzetta ufficiale dell'Unione europea, L 83, 25 marzo 2019,Journal officiel de l'Union européenne, L 83, 25 mars 2019

02019R0472 — EN — 14.08.2019 — 001.001

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►B 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 (OJ L 083 25.3.2019, 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) 2019/472 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

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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

1. The plan shall contribute to the achievement of the objectives of the common fisheries policy listed...