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Regulation (EU) 2019/1022 CHAPTER II — TARGETS, CONSERVATION REFERENCE POINTS AND SAFEGUARDS

Article 4–Article 6 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Targets

Article 4

1.   The target fishing mortality, in line with the ranges of F MSY 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 F MSY . 2.   The ranges of F MSY 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 F MSY 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 F MSY . 5.   Notwithstanding paragraphs 1 and 3, maximum allowable fishing effort may be set above the range of F MSY available at that time for the most vulnerable stock, provided that all stocks concerned are above the B PA : (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 F MSY cannot be determined for a stock listed in Article 1(2) due to a lack of adequate scientific information, that stock shall be managed in accordance with Article 12 until ranges of F MSY are available pursuant to paragraph 2 of this Article.

Conservation reference points

Article 5

For the purposes of Article 6, the following conservation reference points shall be requested, in particular from STECF, or a similar independent scientific body recognised at Union or international level, on the basis of the plan: (a) precautionary reference points, expressed as spawning stock biomass (B PA ); and (b) limit reference points, expressed as spawning stock biomass (B LIM ).

Safeguards

Article 6

1.   Where scientific advice shows that the spawning stock biomass of any of the stocks concerned is below B PA , all appropriate remedial measures shall be taken to ensure the rapid return of the stocks concerned to levels above those capable of producing MSY. In particular, notwithstanding Article 4(3), maximum allowable fishing effort shall be set at levels consistent with a fishing mortality that is reduced within the range of F MSY for the most vulnerable stock, taking into account the decrease in biomass. 2.   Where scientific advice shows that the spawning stock biomass of any of the stocks concerned is below B LIM , further remedial measures shall be taken to ensure the rapid return of the stocks concerned to levels above those capable of producing MSY. In particular, notwithstanding Article 4(3), such remedial measures may include suspending the targeted fishery for the stocks concerned and the adequate reduction of the maximum allowable fishing effort. 3.   Remedial measures referred to in this Article may include: (a) measures pursuant to Articles 7, 8 and 11 to 14 of this Regulation; and (b) emergency measures in accordance with Articles 12 and 13 of Regulation (EU) No 1380/2013. 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 5.

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