Legal provisions of COM(2012)498 - Amendment of Council Regulation 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks

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dossier COM(2012)498 - Amendment of Council Regulation 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those ...
document COM(2012)498 EN
date November 23, 2016

Contents

Article 1

Regulation (EC) No 1342/2008 is amended as follows:

(1)Article 2 is replaced by the following:

‘Article 2

Definitions

For the purposes of this Regulation, the definitions laid down in Article 4(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (*1) shall apply.

(*1)  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).’;"

(2)Article 4 is deleted;

(3)Article 5 is replaced by the following:

‘Article 5

Objective of the plan

1. The plan referred to in Article 1 shall aim to ensure exploitation that restores and maintains the cod stocks above levels which can produce maximum sustainable yield.

2. Any management measure taken pursuant to this Regulation shall be consistent with the requirements laid down in Article 2(2) of Regulation (EU) No 1380/2013 and with the principles and aims of that Regulation.’;

(4)Article 6 is replaced by the following:

‘Article 6

Minimum and precautionary biomass levels

When adopting management measures, minimum and precautionary biomass levels for each of the cod stocks shall be consistent with the objectives of Regulation (EU) No 1380/2013.’;

(5)Articles 7 and 8 are deleted;

(6)Article 9 is replaced by the following:

‘Article 9

Setting of TACs in poor data conditions

Where, due to a lack of sufficiently accurate and representative information, fishing opportunities cannot be determined in accordance with Article 5(1), the fixing of fishing opportunities shall be based on the precautionary approach in accordance with Article 9(2) of Regulation (EU) No 1380/2013, taking into account trends in the cod stock and in the fishing activity, and ensuring at least a comparable degree of conservation of the relevant stocks.’;

(7)after Article 9, a new Chapter heading is inserted:

‘CHAPTER IIa

MEMBER STATES' OBLIGATIONS’;

(8)Article 10 is replaced by the following:

‘Article 10

Fishing authorisations and capacity ceilings

1. For each of the geographical areas referred to in Article 1 of this Regulation, each Member State shall issue fishing authorisations in accordance with Article 7 of Council Regulation (EC) No 1224/2009 (*2) for vessels flying its flag which engage in fishing activities in that area and using one of the following gears:

(a)bottom trawls and seines (OTB, OTT, PTB, SDN, SSC, SPR) of mesh:

(i)TR1 equal to or larger than 100 mm;

(ii)TR2 equal to or larger than 70 mm and less than 100 mm;

(iii)TR3 equal to or larger than 16 mm and less than 32 mm;

(b)beam trawls (TBB) of mesh:

(i)BT1 equal to or larger than 120 mm;

(ii)BT2 equal to or larger than 80 mm and less than 120 mm;

(c)gill nets, entangling nets (GN);

(d)trammel nets (GT);

(e)longlines (LL).

2. Without prejudice to the capacity ceilings set out in Annex II to Regulation (EU) No 1380/2013, for each of the geographical areas referred to in Article 1 of this Regulation, the total capacity expressed in kW of the vessels having fishing authorisations issued in accordance with paragraph 1 of this Article shall not be greater than the maximum capacity of the vessels that have been active in 2006 or 2007 using one of the gears referred to in paragraph 1 in the geographical area concerned.

3. Each Member State shall establish and maintain a list of vessels holding the fishing authorisation referred to in paragraph 1 and make it available on its official website to the Commission and other Member States.

(*2)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).’;"

(9)Chapter III is deleted;

(10)Articles 30 and 31 are deleted;

(11)Annexes I, II, III and IV are deleted.

Article 2

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

It shall apply from 1 January 2017.

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