Legal provisions of COM(2008)324 - Conservation of fisheries resources through technical measures - Main contents

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dossier	COM(2008)324 - Conservation of fisheries resources through technical measures.
document	COM(2008)324
date	November 27, 2009

Article 1 - Transitional technical measures
Article 2 - Entry into force

Article 1 - Transitional technical measures

1. Points 1, 2, 3 (including 3.1-3.2), 4 (including 4.1-4.2), 5, 5b (including 5b.1-5b.2), 6 (including 6.1-6.8), 7 (including 7.1-7.5), 8 (including 8.1-8.3), 9 (including 9.1-9.12), 9a (including 9a.1-9a.9), 12 (including 12.1-12.2), 15 (including 15.1-15.9), 16, 17, 18, 20 and 24 of Annex III and the Appendices to Annex III to Regulation (EC) No 43/2009 shall apply until 30 June 2011.

2. For the purposes of paragraph 1:

(a)

(i)	in point 6, point 6.8 second paragraph, points 9.3, 9.6 and 9.8, the year ‘2009’ shall be replaced by ‘2010’;

(ii)	in point 3.2, point 6.7 first paragraph, point 6.8 first paragraph and point 18, the words ‘in 2009’ shall be replaced by ‘from 1 January 2010 to 30 June 2011’;

(iii)

in points 6.2, 7.1 and 8.1, the year ‘2009’ shall be deleted;

(iv)	in point 6.1, the words ‘31 December 2009’ shall be replaced by ‘30 June 2011’;

(v)

in point 6.7, the second paragraph shall be replaced by the following:

‘Member States concerned shall submit to the Commission a preliminary report on the total amount of catches and discards of vessels subject to the observer programme of 2010 no later than 30 June 2010, while regarding the observer programme of 2011 Member States shall submit the preliminary report to the Commission no later than 30 June 2011. A final report concerning 2010 shall be submitted by 1 February 2011 at the latest.’;

(b)	in point 5b, the words ‘in the North Sea and Skagerrak’ shall be replaced by ‘all ICES zones’;

(c)

point 6.3 shall be replaced by the following:

‘6.3.

By way of derogation from points 6.1 and 6.2, it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes, scallop dredges, mussel dredges, handlines, mechanised jigging, draft nets and beach seines, pots and creels within the specified areas and time periods, provided that:

(i)	no fishing gear other than inshore static nets fixed with stakes, scallop dredges, mussel dredges, handlines, mechanised jigging, pots and creels are carried on board or deployed; and

(ii)	no fish other than mackerel, pollack, salmon, shellfish and crustacea are retained on board, landed or brought ashore.’;

(d)

in point 6, the following point shall be added:

‘6.9.

Member States may introduce more restrictive measures including closed areas in order to apply Article 13(2)(c) of Regulation (EC) No 1342/2008 in respect of its own flag vessels.’;

(e)

in point 7, in the title the words ‘in Zone VIa’ shall be deleted and the following point shall be added:

‘7.6.

During the period from 15 February to 15 April both in the year of 2010 as well as that of 2011, it shall be prohibited to use bottom trawls, longlines and gillnets within an area enclosed by sequentially joining with rhumb lines the following coordinates:

Point No	Latitude	Longitude
1	60° 58′76 N	27° 27′32 W
2	60° 56′02 N	27° 31′16 W
3	60° 59′76 N	27° 43′48 W
4	61° 03′00 N	27° 39′41 W’;

(f)

in point 15, the coordinates for the Hatton Bank and the Logachev Mound shall read as follows:

‘Hatton Bank:

Point No	Latitude	Longitude
1	59° 26′ N	014° 30′ W
2	59° 12′ N	015° 08′ W
3	59° 01′ N	017° 00′ W
4	58° 50′ N	017° 38′ W
5	58° 30′ N	017° 52′ W
6	58° 30′ N	018° 22′ W
7	58° 03′ N	018° 22′ W
8	58° 03′ N	017° 30′ W
9	57° 55′ N	017° 30′ W
10	57° 45′ N	019° 15′ W
11	58° 11,15′ N	018° 57,51′ W
12	58° 11,57′ N	019° 11,97′ W
13	58° 27,75′ N	019° 11,65′ W
14	58° 39,09′ N	019° 14,28′ W
15	58° 38,11′ N	019° 01,29′ W
16	58° 53,14′ N	018° 43,54′ W
17	59° 00,29′ N	018° 01,31′ W
18	59° 08,01′ N	017° 49,31′ W
19	59° 08,75′ N	018° 01,47′ W
20	59° 15,16′ N	018° 01,56′ W
21	59° 24,17′ N	017° 31,22′ W
22	59° 21,77′ N	017° 15,36′ W
23	59° 26,91′ N	017° 01,66′ W
24	59° 42,69′ N	016° 45,96′ W
25	59° 20,97′ N	015° 44,75 W
26	59° 21′ N	015° 40′ W
27	59° 26′ N	014° 30′ W

Logachev Mound:

Point No	Latitude	Longitude
1	55° 17′ N	016° 10′ W
2	55° 34′ N	015° 07′ W
3	55° 50′ N	015° 15′ W
4	55° 33′ N	016° 16′ W
5	55° 17′ N	016° 10′ W’;

(g)

in point 15, the following point shall be added:

‘15.10.

Where, in the course of fishing operations in new and existing bottom fishing areas within the NEAFC Regulatory Area, the quantity of live coral or live sponge caught per gear set exceeds 60 kg of live coral and/or 800 kg of live sponge, the vessel shall inform its flag State, cease fishing and move at least 2 nautical miles away from the position that the evidence suggests is closest to the exact location where this catch was made.’;

(h)	in point 24 (a), the words ‘15 August to 15 November 2009’ shall be replaced by ‘15 August to 30 November 2010’.

Article 2 - Entry into force

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010 to 30 June 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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Contents

Article 1 - Transitional technical measures

Article 2 - Entry into force