Amendments to Regulation (EU) 2016/1139
Article 20
Open ↗Regulation (EU) 2016/1139 is amended as follows: (1) Article 2 is replaced by the following: ‘Article 2 Definitions For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013, Article 4 of Regulation (EC) No 1224/2009 and Article 2 of Regulation (EC) No 2187/2005 apply. In addition, the following definitions apply: (1) ‘pelagic stocks’ means the stocks listed in points (c) to (h) of Article 1(1) of this Regulation and any combination thereof; (2) ‘range of F MSY ’ 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 (B lim ) is no more than 5 %; (3) ‘MSY F lower ’ means the lowest value within the range of F MSY ; (4) ‘MSY F upper ’ means the highest value within the range of F MSY ; (5) ‘F MSY 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 F MSY ’ means a range that contains values from MSY F lower to F MSY point value; (7) ‘upper range of F MSY ’ means a range that contains values from F MSY point value up to MSY F upper ; (8) ‘B lim ’ means the spawning stock biomass reference point provided in the best available scientific advice, in particular by ICES or a similar independent scientific body recognised at Union or international level, below which there may be reduced reproductive capacity; (9) ‘MSY B trigger ’ means the spawning stock biomass reference point provided for in the best available scientific advice, in particular from ICES or a similar independent scientific body recognised at Union or international level, below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term; (10) ‘Member States concerned’ means Member States having a direct management interest, namely Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden.’; (2) Article 4 is replaced by the following: ‘Article 4 Targets 1. The target fishing mortality in line with the ranges of F MSY 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 F MSY , in accordance with this Article. 2. The ranges of F MSY based on the plan shall be requested in particular from ICES 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 fishing opportunities for a stock, it shall establish those opportunities within the lower range of F MSY available at that time for that stock. 4. Notwithstanding paragraphs 1 and 3, fishing opportunities may be fixed at levels that are lower than the ranges of F MSY . 5. Notwithstanding paragraphs 3 and 4, fishing opportunities for a stock may be fixed in accordance with the upper range of F MSY available at that time for that stock, provided that the stock referred to in Article 1(1) is above MSY B trigger : (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 %. 6. 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 B lim .’; (3) In Chapter III, the following Article is inserted after Article 4: ‘Article 4a 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 B trigger for stocks referred to in Article 1(1); (b) B lim for stocks referred to in Article 1(1).’; (4) Article 5 is replaced by the following: ‘Article 5 Safeguards 1. When scientific advice indicates that for a given year the spawning biomass of any of the stocks referred to in Article 1(1) is below the MSY B trigger , all appropriate remedial measures shall be adopted to ensure rapid return of the stock 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 F MSY , taking into account the decrease in biomass. 2. When scientific advice indicates that the spawning stock biomass of any of the stocks referred to in Article 1(1) is below the B lim , further remedial measures shall be taken to ensure rapid return of the stock 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 and the adequate reduction of fishing opportunities. 3. 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 Articles 7 and 8 of this Regulation. 4. 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 is below the levels referred to in Article 4a.’; (5) In Article 7, the following paragraph is added: ‘3. The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall not apply to recreational fishing, including in cases where the Council sets limits for recreational fishermen.’; (6) Annexes I and II are deleted.