(1)

The common fisheries policy (CFP) should contribute to the protection of the marine environment, to the sustainable management of all commercially exploited species, and in particular to the achievement of good environmental status in the marine environment by 2020 in accordance with Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council (3) , and favourable conservation status for species and habitats in accordance with Council Directive 92/43/EEC  (4) and Directive 2009/147/EC of the European Parliament and of the Council  (5) . [Am. 1]

(1a)

At the United Nations Summit on Sustainable Development held in New York in 2015, the Union and its Member States committed themselves, by 2020, to effectively regulate harvesting and end overfishing, illegal, unreported and unregulated fishing and destructive fishing practices and implement science-based management plans, in order to restore fish stocks, in the shortest time feasible, at least to levels that can produce the maximum sustainable yield as determined by their biological characteristics. [Am. 2]

(2)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (6) establishes the rules of the CFP in line with the international obligations of the Union. The objectives of the CFP are, inter alia, to ensure that fishing and aquaculture activities are environmentally , economically and socially sustainable in the long term, to apply the precautionary approach to fisheries management, and to implement the ecosystem-based approach to fisheries management. [Am. 3]

(2a)

In accordance with Regulation (EU) No 1380/2013, fisheries management based on the best available scientific advice requires harmonised, reliable and accurate data sets. [Am. 4]

(3)

Scientific advice from the Scientific, Technical and Economic Committee for Fisheries (STECF) and from the General Fisheries Commission for the Mediterranean’s Scientific Advisory Committee (GFCM — SAC) has indicated that the exploitation of anchovy and sardine stocks in the Adriatic Sea exceeds the levels required to achieve the maximum sustainable yield (MSY).

(3a)

The Adriatic Sea is an important sub-area within the Mediterranean, accounting for around one-third of the total landings value. [Am. 5]

(4)

Despite being managed under both an international management plan under the GFCM and national management plans adopted under Council Regulation (EC) No 1967/2006 (7), Adriatic anchovy and sardine stocks continue to be overexploited and the current management measures are considered to be insufficient to achieve MSY by 2020. Member States and stakeholders have expressed support for the development and implementation of management plans for these two stocks at Union level.

(4a)

The management plans implemented and the technical measures introduced in 2016 are due to produce effects on the stocks and have to be analysed and taken into consideration when establishing the multiannual plan for the pelagic stocks in the region. [Am. 6]

(4b)

The introduction of a minimum escapement approach requires changes to the biological sampling and research protocols which will take time, therefore requiring a transition period before it can be implemented. [Am. 99]

(5)

Current management measures for small pelagics in the Adriatic Sea concern access to waters, control of fishing effort, and technical measures to regulate gears' usage. Scientific advice has indicated that controlling catches is the most appropriate means of adapting fishing mortality and it would be a more effective management tool for small pelagics  (8) . [Am. 7]

(6)

To achieve the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual multiannual plans, and technical measures, fixing and allocation of fishing opportunities. [Am. 8]

(6a)

The Adriatic Sea small pelagic fishery, especially in the Geographical Sub-Areas 17 and 18, has a very important socio-economic impact for the Member States’ coastal community’s livelihood and future. [Am. 9]

(6b)

In line with the principles and objectives of the CFP and pursuant to Article 18 of Regulation (EU) No 1380/2013, regionalisation should be used to adopt and implement measures that take into account the specificities of each fisheries area and safeguard their environmental conditions. [Am. 10]

(6c)

Fishing opportunities should be allocated in accordance with the principles laid down in Article 17 of Regulation (EU) No 1380/2013, using transparent and objective criteria, including those of an environmental, social and economic nature. Fishing opportunities should also be fairly distributed across the various fisheries segments, including traditional and small-scale fisheries. Moreover, Member States should provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact. [Am. 11]

(7)

Pursuant to Articles 9 and 10 of Regulation (EU) No 1380/2013, multiannual plans are to be based on the best available scientific, technical and economic advice and contain objectives, quantifiable targets with clear timeframes, conservation reference points , objectives for conservation and technical measures for the implementation of the landing obligation, as well as measures designed to avoid and reduce unwanted catches as far as possible, and safeguards. [Am. 12]

(8)

The objective of the multiannual plan should be to contribute to achieving the objectives of the CFP, and especially reaching restoring and maintaining MSY for the fish stocks concerned above biomass levels capable of producing MSY, implementing the landing obligation, achieving a sustainable fisheries sector and providing an effective management framework. [Am. 13]

(8a)

This Regulation should not be considered as a precedent for other multiannual plans in the Mediterranean Sea unless otherwise provided. [Am. 14]

(8b)

A multiannual plan should always find a balance between the achievable result, taking into consideration the timeframe, and the socio-economic impact. [Am. 15]

(9)

Moreover, Article 15 of Regulation (EU) No 1380/2013 introduced a landing obligation, including for all catches of species which are subject to minimum sizes as defined in Annex III to Regulation (EC) No 1967/2006. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, Commission Delegated Regulation (EU) No 1392/2014 (9) established a three year discard plan providing for a de minimis exemption from the landing obligation for anchovy, sardine, mackerel and horse mackerel in the Adriatic Sea. In order to implement the landing obligation, it is appropriate to extend the validity of the measures laid down in Delegated Regulation (EU) No 1392/2014, by including its respective provisions in the multiannual plan.

(10)

In line with the ecosystem-based approach and in addition , this plan should also contribute to the fisheries-related descriptor of achievement of good environmental status, as laid down in Directive 2008/56/EC, and qualitative descriptors 1, 4 and 6 contained in Annex I to the Directive are to be considered in the framework of fisheries management. This plan should also contribute to the achievement of favourable conservation status for habitats and species as required by Directive 2009/147/EC and Directive 92/43/EEC respectively . [Am. 16]

(11)

Article 16(4) of Regulation (EU) No 1380/2013 requires that fishing opportunities be fixed in accordance with the targets set out in the multiannual plans. [Am. 17]

(12)

It is appropriate to establish the target fishing mortality (F) that corresponds to the objective of reaching and maintaining MSY as ranges of values which are consistent with achieving maximum sustainable yield (FMSY). Those ranges, based on best available scientific advice, are necessary in order to provide flexibility to take account of developments in the scientific advice, to contribute to the implementation of the landing obligation and to take into account the characteristics of mixed fisheries. The FMSY ranges have been calculated by STECF and (10) . Based on this plan they are derived to deliver no more than a 5 % reduction in long-term yield compared to MSY (11). In addition, the upper limit of the range is capped, so that the probability of the stock falling below Blim is no more than 5 %. [Am. 18]

(13)

For the purposes of fixing fishing opportunities, there reaching the objectives of the multiannual plan , the target for each of the species should be a threshold for FMSY ranges in normal use and, provided that the stock concerned is considered to be in a good state, a higher limit for certain cases SSBpa . It should only be possible to fix fishing opportunities up to the a higher limit target if, on the basis of scientific advice or evidence, it is necessary for the achievement of the objectives laid down in this Regulation in mixed fisheries or necessary to avoid harm to a stock caused by intra- or inter-species stock dynamics, or in order to limit the year-on-year variations in fishing opportunities where one of the stocks of small pelagics is below SSBlim . [Am. 19]

(14)

Where the targets relating to MSY are not available, the precautionary approach should apply.

(15)

For stocks for which they are available and For the purpose of the application of safeguard measures, it is necessary to establish conservation reference points expressed as MSY Btrigger and Blim for anchovy and sardine stocks SSBlim and SSBpa for small pelagics . Should the stocks fall below MSY Btrigger, fishing mortality should be reduced below FMSY SSBlim , appropriate remedial measures should be adopted to contribute to the rapid return of the stock concerned to levels above SSBpa . [Am. 20]

(16)

Further safeguard measures should be implemented in case the stock size falls below the Blim reference point. Safeguard measures should include the reduction of fishing opportunities and specific conservation measures when scientific advice indicates that a stock is under threat. Those measures should be supplemented by other measures, as appropriate, such as Commission measures in accordance with Article 12 of Regulation (EU) No 1380/2013 or Member States measures in accordance with Article 13 of Regulation (EU) No 1380/2013. [Am. 21]

(17)

For stocks where the reference points are not available, the precautionary principle should apply. In the specific case of stocks taken as by-catches, in the absence of scientific advice on the levels of minimum spawning biomass of such stocks, specific conservation measures should be adopted when scientific advice indicates that remedial measures are needed. [Am. 22]

(18)

In order to enable the implementation of the landing obligation established by Article 15(1) of Regulation (EU) No 1380/2013, the plan should provide for additional management measures , in particular measures to gradually eliminate discards, to count fish below the minimum conservation reference size and to minimise, and where possible eliminate, the negative impacts of fishing activities on the marine environment . Such measures should be laid down by means of delegated acts. [Am. 23]

(18a)

A joint recommendation by Croatia, Italy and Slovenia (Adriatica High-Level Group) and a study on technical characteristics of purse seine nets and their impact on bottom communities were submitted to, and revised by, independent experts and STECF. It is therefore appropriate to provide for a derogation from the second subparagraph of Article 13(3) of and point 2 of Annex II to Regulation (EC) No 1967/2006. [Am. 24]

(19)

The deadline for submitting joint recommendations from Member States having direct management interest should be established, as required by Regulation (EU) No 1380/2013.

(19a)

When scientific advice indicates that recreational fisheries have a significant impact on the fishing mortality of a particular stock, the Council should take them into account. To that effect the Council should be able to set a total allowable catch (TAC) for commercial catches which takes into account the volume of recreational catches and/or to adopt other measures restricting recreational fisheries such as bag limits and closure periods. [Am. 25]

(20)

The plan should also provide for certain accompanying technical , as well as temporal and spatial measures to be adopted, by means of delegated acts , and taking into account the best available scientific advice , in order to contribute to achieving the objectives of the plan, in particular as regards the protection of juvenile fish or to improve selectivity. [Am. 26]

(20a)

Artisanal fishing gear based on historical practices established in fishing communities should be safeguarded when defining the technical measures resulting from the multiannual plan or delegated acts adopted pursuant to it. [Am. 27]

(21)

With a view to ensuring full compliance with the measures laid down in this Regulation, specific control measures should be adopted to complement those provided for in Council Regulation (EC) No 1224/2009 (12).

(21a)

In order to enable the industry to cope with the fishing effort reduction measures and the consequent reduction in income for businesses and for seafarers, there should be arrangements for priority access to appropriate support from the European Maritime and Fisheries Fund (EMFF) in accordance with Regulation (EU) No 508/2014 of the European Parliament and of the Council  (13) . [Am. 28]

(21b)

In order to ensure an implementation which is consistent with the socio-economic impacts, it is therefore desirable, on the one hand, to grant derogations from the time limits for temporary cessation measures as referred to in Article 33 of Regulation (EU) No 508/2014, extending it only to the vessels covered by this multiannual plan and, on the other hand, to allow reopening of and access by the same vessels to the permanent cessation measures provided for in Article 34 of that Regulation. [Am. 29]

(22)

Recognising that in the Adriatic Sea vessels targeting small pelagics tend to carry out short fishing trips, the use of prior notification as required under Article 17 of Regulation (EC) No 1224/2009 should be adapted so that the prior notifications are submitted at least one and a half half an hour before the estimated time of arrival at port. However, considering the limited effect of fishing trips involving very small quantities of fish on the stocks concerned, it is appropriate to establish a threshold for such prior notifications, when these vessels retain on board at least 1 tonne of anchovy or of sardine small pelagics . [Am. 30]

(23)

Recognising that electronic control tools ensure a better and more timely control of the fisheries, in particular of the spatial distribution of fishing activities and of the exploitation of the stocks, the use of vessel monitoring system and of electronic logbook, as required, respectively, under Articles 9 and 15 of Regulation (EC) No 1224/2009 should be extended to all fishing vessels of an overall length of eight metres.

(24)

Thresholds should be established for catches of anchovy and sardine small pelagics above which a fishing vessel is required to land in a designated port or a place close to the shore, in accordance with Article 43 of Regulation (EC) No 1224/2009. Moreover, when designating those ports or places close to the shore, Member States should apply the criteria provided for in Article 43(5) of that Regulation in such a way as to ensure effective control. [Am. 31]

(25)

In order to adapt to the technical and scientific progress in a timely and proportionate fashion and to ensure flexibility and allow evolution of certain measures, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing this Regulation as regards remedial measures for the conservation of mackerel and horse mackerel, implementation of the landing obligation and technical measures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (14). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 32]

(26)

In accordance with Article 10(3) of Regulation (EU) No 1380/2013, provisions should be established for the periodical assessment by the Commission of the adequacy and effectiveness of the application of this Regulation. Such assessment should follow and be based on a periodic evaluation of the plan that is based on scientific advice. The plan should be evaluated three years after the date of entry into force of this Regulation and every five years thereafter . That period allows for the full implementation of the landing obligation, and for regionalised measures to be adopted, implemented and to show effects on the stocks and fishery. It is also a minimum required period by scientific bodies. [Am. 33]

(27)

In accordance with Article 9(4) of Regulation (EU) No 1380/2013, prior to drafting the plan, its likely economic and social impact was assessed (15).

(27a)

In order to support fishermen in the implementation of the measures provided for in this Regulation, Member States should make the widest possible use of the measures available under Regulation (EU) No 508/2014. It is appropriate to clarify that temporary cessation measures that have been adopted in order to attain the objectives of this Regulation can be deemed eligible for support under Regulation (EU) No 508/2014, in order to take into account the socio-economic aspects of this Regulation. Furthermore, it is appropriate to grant a derogation, for vessels affected by this multiannual plan, from the periods during which support can be granted as well as from the cap on the financial contribution from the EMFF for temporary cessation measures laid down in Regulation (EU) No 508/2014, [Am. 34]