Legal provisions of COM(2019)564 - Amendment Regulation 2016/1139 as regards intro of capacity limits Eastern Baltic cod & Regulation 508/2014 as regards permanent cessation fleets fishing Eastern Baltic cod

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dossier COM(2019)564 - Amendment Regulation 2016/1139 as regards intro of capacity limits Eastern Baltic cod & Regulation 508/2014 as regards ...
document COM(2019)564 EN
date November 25, 2020

Contents

Article 1 - Amendments to Regulation (EU) 2016/1139

Regulation (EU) 2016/1139 is amended as follows:

(1)in Article 1, the following paragraph is added:

‘3.   This Regulation also specifies details for the implementation of the landing obligation in the Union waters of the Baltic Sea for Atlantic salmon (Salmo salar) in ICES Subdivisions 22-32.’;

(2)in Article 7(1), the following subparagraph is added:

‘However, in respect of Atlantic salmon, the delegated powers conferred upon the Commission under the first subparagraph shall be limited to the measures referred to in point (a) of that subparagraph.’;

(3)the following Chapter is inserted:

‘CHAPTER VI A

FISHING CAPACITY REDUCTION

Article 8 - a Fishing capacity reduction for Eastern Baltic cod, Western Baltic cod and Western Baltic herring

1. Member States which have adopted an action plan in accordance with Article 22(4) of Regulation (EU) No 1380/2013 for fleet segments which include fishing vessels that have targeted Eastern Baltic cod, Western Baltic cod or Western Baltic herring (“the three stocks concerned”) may implement measures for the permanent cessation of fishing activities in accordance with Article 34 of Regulation (EU) No 508/2014.

2. Support for measures referred to in paragraph 1 shall be granted only if the action plan as referred to in paragraph 1 sets out specific fishing capacity reduction targets for fishing vessels with fishing opportunities for one or more of the three stocks concerned.

3. Member States may at any time send or amend their annual report referred to in Article 22(2) of Regulation (EU) No 1380/2013 in order to introduce or amend their action plan.

4. The fishing capacity ceiling of a Member State implementing permanent cessation measures as referred to in paragraph 1 of this Article shall decrease by an amount equal to the fishing capacity corresponding to the fishing vessels that are withdrawn with public aid in accordance with Article 22(6) of Regulation (EU) No 1380/2013 and Article 34(5) of Regulation (EU) No 508/2014.

5. Member States shall communicate to the Commission any decreases in the fishing capacity ceilings of Member States in the reports to be submitted in accordance with Article 22(2) of Regulation (EU) No 1380/2013.

6. Member States implementing the permanent cessation measures as referred to in paragraph 1 shall communicate to the Commission the yearly average for the years 2015 to 2019 of the total fishing capacity of all fishing vessels with an allocation of fishing opportunities for any of the three stocks concerned. Moreover, Member States shall communicate to the Commission the total amount of fishing capacity withdrawn for fishing vessels with an allocation of fishing opportunities for any of the three stocks concerned.

7. Member States implementing the permanent cessation measures as referred to in paragraph 1 shall ensure that the fishing capacity of fishing vessels with an allocation of fishing opportunities for any of the three stocks concerned does not exceed the yearly average fishing capacity communicated to the Commission in accordance with paragraph 6 by not re-allocating fishing capacity to any of those vessel groups before five years following the date of withdrawal, or before the stock concerned has been above MSY Btrigger for a period of three years, whichever occurs earlier.’;

(4)in Article 11, paragraph 1 is replaced by the following:

‘1.   By way of derogation from Article 17(1) of Regulation (EC) No 1224/2009, the prior notification obligation laid down in that Article shall apply to masters of Union fishing vessels of an overall length of 8 metres or more retaining on board at least 250 kilograms of cod or 2 tonnes of pelagic stocks.’;

(5)in Article 14, point (a) is replaced by the following:

‘(a)250 kilograms of cod;’;

(6)the following Article is inserted:

‘Article 14a

Control of catches of Eastern Baltic cod, Western Baltic cod and Western Baltic herring

Member States shall enhance monitoring and control of vessels with by-catch quota for Eastern Baltic cod or with fishing opportunities for Western Baltic cod or Western Baltic herring.’.

Article 2 - Amendments to Regulation (EU) No 508/2014

Regulation (EU) No 508/2014 is amended as follows:

(1)Article 34 is amended as follows:

(a)in paragraph 2, the following subparagraph is added:

‘However, in the case of Eastern Baltic cod as referred to in point (b) of Article 1(1) of Regulation (EU) 2016/1139 of the European Parliament and the Council (*1), the two calendar years referred to in points (a) and (b) of the first subparagraph of this paragraph shall be 2017 and 2018.

(*1)  Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, p. 1).’;"

(b)paragraph 4 is replaced by the following:

‘4.   Support under this Article may be granted until 31 December 2017, unless permanent cessation measures are adopted in order to achieve the objectives of the following multiannual plans:

(a)the multiannual plan for the conservation and sustainable exploitation of demersal stocks in the western Mediterranean Sea, established by Regulation (EU) 2019/1022 of the European Parliament and of the Council (*2);

(b)the multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, established by Regulation (EU) 2016/1139, with regard to vessels that have targeted Eastern Baltic cod, Western Baltic cod or Western Baltic herring as set out in Article 8a of Regulation (EU) 2016/1139.

(*2)  Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1).’;"

(c)paragraph 4a is replaced by the following:

‘4a.   Expenditure related to the permanent cessation measures adopted in order to achieve the objectives of Regulation (EU) 2019/1022 shall be eligible for support under the EMFF from 16 July 2019.

Expenditure related to the permanent cessation measures adopted in order to achieve the objectives of Regulation (EU) 2016/1139, in particular Article 8a thereof, shall be eligible for support under the EMFF from 1 December 2020.’;

(d)in paragraph 6, the first subparagraph is replaced by the following:

‘6.   By way of derogation from paragraph 1, support may be granted for the permanent cessation of fishing activities without scrapping provided that the vessels retrofit for activities other than commercial fishing. That derogation shall not apply to support granted under paragraph 4, point (b).’;

(2)in Article 114, paragraph 1 is replaced by the following:

‘1.   By 31 May 2016, and by 31 May of each subsequent year up to and including 2024, Member States shall submit to the Commission an annual report on the implementation of the operational programme in the previous calendar year. The report submitted in 2016 shall cover the calendar years 2014 and 2015.’.

Article 3 - Entry into force

This Regulation shall enter into force on the 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.