Legal provisions of COM(2012)432 - Amendment of Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

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dossier COM(2012)432 - Amendment of Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures ...
document COM(2012)432 EN
date August  2, 2012

Contents

Article 1

Regulation (EC) No 850/98 is amended as follows:

(1) In Article 2, paragraph 3 is replaced by the following:

"3.        The regions referred to in paragraph 1 may be divided into geographical areas, in particular on the basis of the definitions referred to in paragraph 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the division of regions into geographical areas for the purpose of identifying geographical areas where specific technical conservation measures apply."

(2) Article 4 is amended as follows:

(a)        In paragraph 4, the following point (c) is added:

"(c)       The Commission shall be empowered to adopt delegated acts in accordance with Article 48a to amend Annex X and Annex XI, in order to increase the protection of juvenile fish in the context of the conservation of fish stocks."

(b)        In paragraph 5, point (b) is replaced by the following:

"(b)      The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the method of calculation of the percentages of target species and of other species retained on board when these have been taken by a net or nets towed simultaneously by more than one fishing vessel, and the method of verification for ensuring that any fishing vessels involved in the joint fishing operation that retain fish on board comply with the percentages of species as set out in Annexes I to V."

(c)        Paragraph 6 is replaced by the following:

"6.        Technical rules for measuring mesh sizes, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(3) In Article 7 the following paragraph 8 is added:

"8.        Technical rules for measuring square-meshed netting, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(4) In Article 8 the following paragraph 4 is added:

"4.        Technical rules concerning the measuring of twine thickness and the construction of netting material, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(5) Article 16 is replaced by the following:

"Article 16

1. No device shall be used by means of which the mesh in any part of the fishing net is obstructed or otherwise effectively diminished.

2. Paragraph 1 shall not exclude the use of certain devices which may obstruct or otherwise effectively diminish the mesh in any part of the fishing net but which may serve to protect or strengthen the net. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the technical descriptions and the method of use and attachment of such devices.

3          An exhaustive list of devices that comply with the technical descriptions established according to paragraph 2, and which may be attached to the fishing net, shall be determined by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(6) Article 29 is amended as follows:

(a) Paragraph 6 is replaced by the following:

"6.        The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning detailed conditions for the application of the criteria set out in paragraph 2 under which vessels exceeding eight meters length overall shall be permitted to use beam trawls in the areas set out in paragraph 1."

(b) the following paragraph 7 is added:

"7.        The Commission shall establish the operational requirements for transmission of the lists to be provided to the Commission by Member States as referred to in paragraph 2(c), first indent, by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(7) In Article 29b, paragraph 6 is replaced by the following:

"6.        Member States shall communicate to the Commission their measures to fulfil the obligation laid down in paragraph 5. If the Commission finds that the measures of a Member State do not fulfil that obligation, it may propose amendments to those measures. Where no agreement on the necessary measures is reached between the Commission and the Member State concerned, the Commission may establish such measures by means of implementing acts."

(8) In Article 34, paragraph 6 is replaced by the following:

"6.        Technical rules for measuring engine power and gear dimensions shall be determined by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(9) Article 45 is replaced by the following:

"Article 45

1. The Commission shall be empowered to establish, by means of delegated acts adopted in accordance with Article 48a, technical conservation measures on the use of towed or fixed gear or on fishing activities in certain areas or during certain periods in addition to or by way of derogation to this Regulation. Those measures shall be designed to address unexpectedly small or large recruitments of juveniles, changes in migration patterns or any other changes in the conservation status of fish stocks, with immediate effect.

2. Where the conservation of stocks of marine organisms calls for immediate action, the Commission may decide on temporary measures by means of implementing acts to remedy the situation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).

3. Where the conservation of certain species or fishing grounds is seriously threatened, and where any delay would result in damage which would be difficult to repair, a Member State may take appropriate non-discriminatory conservation measures in respect of the waters under its jurisdiction.

4. The measures referred to in paragraph 3, together with an explanatory memorandum, shall be communicated to the Commission and the other Member States as soon as they are adopted.

Within ten working days of receipt of such communication, the Commission shall confirm the appropriateness and non-discriminatory nature of such measures, or require their cancellation or amendment by means of implementing acts. The Commission's decision shall be immediately notified to the Member States."

(10) In Article 46, paragraph 4 is replaced by the following:

"4. At the initiative of the Commission, or at the request of any Member State, the question of whether a national technical measure applied by a Member State complies with paragraph 1 of this Article may be the subject of a decision taken by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). Should such a decision be taken, the third and fourth subparagraphs of paragraph 2 shall apply."

(11) Article 48 is replaced by the following:

"Article 48

1. The Commission shall be assisted by the Committee for fisheries and aquaculture established by Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply."

(12) The following Article 48a is inserted:

"Article 48a

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 power referred to in Articles 2(3), 4(4)c, 4(5)b, 16(2), 29(6) and 45(1) shall be conferred for an indeterminate period of time.

3. The delegation of powers referred to in Articles 2(3), 4(4)c, 4(5)b, 16(2), 29(6) and 45(1) 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 2(3), 4(4)c, 4(5)b, 16(2), 29(6) and 45(1) 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."

Article 2

This Regulation shall enter into force on the 20th twentieth 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.