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The latest reform of the Common Fisheries Policy (CFP) took effect from 1 January 2014, after several years of negotiations. The objective of the reform is to ensure that fishing and aquaculture activities are ecologically, economically and socially sustainable in the long term, and it applies an ecosystem approach in fisheries management. The new fisheries regime is based on three main regulations: the basic regulation on the CFP (Regulation (EU) No. 1380/2013 of the European Parliament and the Council); the common organization of the markets in fishery and aquaculture products (Regulation (EU) No. 1379/2013 of the European Parliament and the Council); and the European Maritime and Fisheries Fund (Regulation (EU) No. 508/2014 of the European Parliament and the Council). The main aspects include:
• a legally binding commitment to fishing at sustainable levels (maximum sustainable yield);
• a ban on discarding fish (the landing obligation);
• decentralized decision-making (regionalization, the bottom-up approach);
• measures to reduce overcapacity, with an obligation to report on the balance between fleet capacity and fishing opportunities;
• sustainable fisheries partnership agreements;
• data collection and management by EU countries under the Data Collection Framework;
• a policy framework for the sustainable development of EU aquaculture;
• production that is more market-oriented through the common organization of the markets; and
• funding to support the objectives of the reform of the CFP.

Under the reformed Common Fisheries Policy (CFP), the multi-annual recovery and management plans, which were introduced in the 2002 reform, continue to play an important role in managing almost all important stocks and fisheries with clear objectives and rules at the core of the conservation policy. As of February 2017, there were 12 plans (including for over-fished species such as cod, herring, and sprat in the Baltic Sea). They combine different fisheries management tools, including a maximum sustainable yield, the landing obligation, technical measures, and total allowance catches (TACs) and quotas. [49]

[49] TACs are the EU's main resource management measure to set catch limits (i.e. the amount of each species to be caught) for most commercial fish stocks. TACs are shared between EU members in the form of national quotas and are fixed on an annual or bi-annual basis (for deep-sea stocks) on the basis of scientific advice on the stock status from advisory bodies such as the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF) for the Council on TACs. For stocks that are shared or jointly managed with non-EU countries, the TACs are agreed with those non-EU countries. EU countries can exchange quotas with other EU countries. Each member State is responsible for ensuring that the quotas are not overfished. Sanctions for not complying with quotas or other rules may be applied at both member States and fishing vessel level.

The Common Fisheries Policy (CFP) sets the maximum sustainable yield (MSY) as the main approach to managing fishing practices. The MSY aims at restoring and maintaining fish stocks at levels that allow fishermen to catch a maximum proportion of a fish stock without leading to long-term depletion and a reduction in overall yield. The new regulation states that the MSY exploitation rate (i.e. the level which gives the highest yield in the long run) should, where possible, be achieved by 2015 [51] and on an incremental basis by 2020 at the latest for all stocks. According to the latest figures, in 2014, 31 stocks out of 59 MSY-assessed stocks were fished in accordance with the MSY and, in 2016, various total allowance catches (TACs) were set at or below the MSY (e.g. western and central herring, plaice, and main basin salmon in the Baltic Sea, and cod, haddock, saithe, nephrophs, and herring stocks in the North Sea). [52]

[51] At the 2002 World Summit on Sustainable Development in September 2002, the Commission and member States signed up to the aim of achieving MSY for depleted stocks by 2015 at the latest. Viewed at: http://eur-lex.europa.eu/legal-content/all/ALL/?uri=URISERV:l66037 [February 2017].
[52] European Union online information, "The 2016 quotas to ensure sustainable fisheries in EU". Viewed at: https://ec.europa.eu/fisheries/2016-quotas-ensure-sustainable-fisheries-eu_en [February 2017].

An effective maximum sustainable yield (MSY) approach can be implemented using fishery management instruments, including multi-annual plans, and total allowance catches (TACs). Multi-annual plans under the new Common Fisheries Policy (CFP) include the target of fishing at MSY and a deadline for achieving this target. TACs have been managed on the basis of MSY since 2015.

The landing obligation was introduced as an important element of the new CFP in order to end discarding of by-catch. [53] The landing obligation requires that all fish catches must be landed, except when subject to specific exemptions. The ban applies to all species in EU waters that are managed through TACs and quotas and, in the Mediterranean, those subject to minimum legal landing sizes. This new instrument leads to more reliable catch data and thus supports better management. It also serves as a driver for the use and improvement of more selective gear and fishing techniques to reduce unwanted catches. [54]

[53] Discarding is the practice of returning unwanted catches to the sea during the process of being caught. Fish are already dead or damaged; technical restrictions prohibit landing, for example due to undersized fish or no quota availability.
[54] Maritime Affairs and Fisheries online magazine, "Reform of the Common Fisheries Policy: a sustainable future for fish and fishermen", August 2013. Viewed at: https://ec.europa.eu/dgs/maritimeaffairs_ fisheries/magazine/en/policy/reform-common-fisheries-policy-sustainable-future-fish-and-fishermen [October 2016].

Since 1 January 2015, the new policy has been put in place on a fishery-by-fishery basis and it will cover all EU fisheries by January 2019, both within EU waters and in non-EU waters. Time frames for fish species and geographical areas are set out in Article 15(1) of Council Regulation (EU) No. 1380/2013. For instance, as of January 2015, all pelagic fisheries such as for herring, mackerel, and swordfish and fisheries for salmon in the Baltic Sea were covered. Details of the implementation are specified in multi-annual plans or in specific discard plans when no multi-annual plan is in place. The use of undersized fish under the landing obligation is restricted to non-direct human consumption, such as fish meal, pet food, pharmaceuticals, and cosmetics. In order to ensure compliance by the EU with its international obligations, the landing obligation does not apply to fisheries covered by agreements under the International Commission for the Conservation of Atlantic Tunas (ICCAT) (only for bigeye tuna, yellowfin tuna, bluefin tuna in the Atlantic and Mediterranean and swordfish in the Atlantic) and the Northwest Atlantic Fisheries Organization (NAFO) (industrial fisheries for capelin).

Given that previously discarded fish must now be landed, the CFP provides some flexibility for stocks which are subject to the landing obligation. The member States may use a year-to-year flexibility of up to 10% of their permitted landings. Moreover, in case of catches of species that are subject to the landing obligation and are caught in excess of quotas of the stocks (or if there is no quota), these additional catches may be deducted from the remaining quota of an another stock provided that they do not exceed 9% of the quota for that species. However, this is only applicable when the stock exceeding the quota is within safe biological limits.

The member States are required to ensure that all fishing activities are sufficiently documented in order to monitor compliance with the landing obligation. Monitoring compliance is ensured through various measures, such as professional observers or closed-circuit television (CCTV). The European Maritime and Fisheries Fund (EMFF) requires member States to report on results (number of serious infringements detected and landings subject to physical controls) and output (number of projects on implementing the Union's control, inspections and enforcement system) indicators in their EMFF operational programmes and implementing reports.

The reform has put an emphasis on more decentralized governance by having a decision-making process at national and regional level. The Green Paper that preceded the 2014 reform of the CFP recognized that different regions and communities may require specific local measures: "The current decision-making framework of the CFP does not distinguish principles from implementation: all decisions are taken in Council at the highest political level. This has resulted in a focus on short-term considerations at the expense of the longer term environmental, economic and social sustainability of European fisheries."

Under the reformed CFP, the member States may submit joint recommendations for achieving the conservation objectives of the Union, if certain conditions are met, such as having consulted relevant Advisory Councils. The recommendations must be based on scientific advice and be compatible with relevant conservation measures and/or multi-annual plans. If these conditions are met, the Commission may adopt those measures by means of delegated or implementing acts. As of February 2017, the European Commission had received joint recommendations by three member States (Denmark, Germany, and Sweden) for fisheries in two basins (North Sea and Baltic Sea).