Legal provisions of COM(2011)479 - Amendment of Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea

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dossier COM(2011)479 - Amendment of Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery ...
document COM(2011)479 EN
date August  9, 2011

Contents

Article 1

Regulation (EC) No 1967/2006 is amended as follows:

13. In Article 4(5), the introductory phrase is replaced by the following:

"5. By way of derogation from subparagraph 1 of paragraph 1, the Commission may, by means of delegated acts adopted in accordance with Article 30a, authorise fishing by vessels of less than or equal to 12 metres overall length and engine power of less than or equal to 85 kW with bottom towed nets traditionally undertaken above seagrass beds of the type Posidonia oceanica , provided that:"

14. Article 13 is amended as follows:

15. Paragraph 5 is replaced by the following:

"5. Member States may request a derogation from paragraphs 1, 2 and 3. The Commission may, by means of delegated acts adopted in accordance withArticle 30a, allow such derogations on condition that they are justified by specific geographical features of the sea areas concerned, such as the limited size of continental shelf along the entire coastline of a Member State or the limited extent of trawlable fishing grounds, where the fisheries have no significant impact on the marine environment and affect a determined group of vessels of the Member State or, as the case may be, of other Member States, and provided that those fisheries cannot be undertaken with another gear and are subject to a management plan as referred to in Articles 18 or 19. Member States shall provide up-to-date scientific and technical justifications for such derogations."

16. Paragraph 10 is replaced by the following:

"10. Derogations from paragraphs 1 and 2 shall be allowed, by means of delegated acts adopted in accordance with Article 30a, for fisheries benefiting from a derogation under Article 4(5) ."

17. In Article 26(3), the first subparagraph is replaced by the following:

"If the overall fishing capacity referred to in paragraph 2(a) exceeds the overall fishing capacity of trawlers with an overall length equal to, or less than, 24 metres and operating in the management zone in the reference period 2000-2001 (hereinafter, 'the reference fishing capacity'), the Commission shall, by means of delegated acts adopted in accordance with Article 30a, distribute that surplus of available fishing capacity between the Member States taking into account the interest of the Member States requesting an authorisation."

18. In Article 27(3) the second subparagraph is replaced by the following:

"The Commission shall, by means of delegated acts adopted in accordance with Article 30a, establish the criteria to be applied for the establishment and allocation of FAD course lines."

19. Article 30 is replaced by the following:

"The Annexes shall be amended by means of delegated acts adopted in accordance with Article 30a."

20. The following Article 30a is inserted:

" Article 30a

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of powers referred to in Articles 4(5), 13(5) and (10), the first subparagraph of Article 26(3), the second subparagraph of Article 27(3), Article 30, Annex I(B)(3) and Annex II(7) shall be conferred for an indeterminate period of time from the date of the entry into force of this Regulation.

3. The delegation of powers referred to in Articles 4(5), 13(5) and (10), the first subparagraph of 26(3), the second subparagraph of 27(3), Article 30, Annex I(B)(3) and Annex II(7) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Articles 4(5), 13(5) and (10), the first subparagraph of Article 26(3), the second subparagraph of Article 27(3), Article 30, Annex I(B)(3) and Annex II(7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council."

21. In Annex I, section B, point 3 is replaced by the following:

"3. Square mesh panels may be inserted into any towed net and shall be placed in front of any extension piece or at any point between the front of any extension piece and the posterior of the cod-end. It shall not be obstructed in any way by either internal or external attachments. It shall be constructed of knotless netting or of netting constructed with non-slip knots, and shall be inserted in such a way that the meshes remain fully open at all times while fishing. Detailed rules for further technical specifications of square mesh panels shall be established by means of delegated acts adopted in accordance with Article 30a ."

22. In Annex II, point 7 is replaced by the following:

"7. Technical specifications limiting the maximum dimension of floatline, groundrope, circumference or perimeter of trawl nets along with the maximum number of nets in multi-rig trawl nets may be established by the Commission by means of delegated acts adopted in accordance with Article 30a."

Article 2

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

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