Regulation (EU) 2016/1139 of the European Parliament and of the CouncilShow full title

CHAPTER II OBJECTIVES AND TARGETS

Article 3 Objectives

1. The plan shall contribute to the achievement of the objectives of the common fisheries policy (CFP) 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.

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 catch limits 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.

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; and

(b) contribute to the fulfilment of other relevant descriptors contained in Annex I to that Directive in proportion to the role played by fisheries in their fulfilment.

4. Measures under the plan shall be taken in accordance with the best available scientific advice.

Article 4 Targets

1. The target fishing mortality shall be achieved as soon as possible and, on a progressive, incremental basis, by 2020 for the stocks concerned, and it shall be maintained thereafter within the ranges set out in Annex I and in line with the objectives laid down in Article 3(1).

2. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities shall be fixed in accordance with the objectives and targets of the plan and shall comply with the target fishing mortality ranges set out in Annex I, column A, to this Regulation.

3. Notwithstanding paragraphs 1 and 2, fishing opportunities may be fixed at levels corresponding to lower levels of fishing mortality than those set out in Annex I, column A.

4. Notwithstanding paragraphs 2 and 3, fishing opportunities for a stock may be fixed in accordance with the fishing mortality ranges set out in Annex I, column B, provided that the stock concerned is above the minimum spawning stock biomass reference point set out in Annex II, column A:

(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 %.

The application of this paragraph shall be explained by a reference to one or more of the conditions set out in points (a) to (c) of the first subparagraph.

5. Where, according to scientific advice, the MSY exploitation rate is achieved for the stock concerned by 2020, fishing opportunities for that stock may be fixed in accordance with paragraph 4 thereafter.

6. Where, on the basis of scientific advice, the Commission considers that the fishing mortality ranges set out in Annex I no longer correctly express the objectives of the plan, the Commission may as a matter of urgency submit a proposal for revision of those ranges.

7. 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 the limit spawning stock biomass reference point (B_lim) set out in particular in Annex II, column B.