Regulation 2008/40 - Fixing for 2008 of the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required - Main contents
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official title
Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2008/40 |
| Original proposal | COM(2007)759  |
| CELEX number i | 32008R0040 |
| Document | 16-01-2008 |
|---|---|
| Publication in Official Journal | 23-01-2008; OJ L 19 p. 1-203 |
| Effect | 01-01-2008; Application See Art 85 23-01-2008; Entry into force Date pub. See Art 85 |
| End of validity | 31-12-9999 |
23.1.2008 |
EN |
Official Journal of the European Union |
L 19/1 |
COUNCIL REGULATION (EC) No 40/2008
of 16 January 2008
fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 20 thereof,
Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (2), and in particular Article 2 thereof,
Having regard to Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (3), and in particular Articles 6 and 8 thereof,
Having regard to Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stock (4), and in particular Article 5 thereof,
Having regard to Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula (5), and in particular Articles 4 and 8 thereof,
Having regard to Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay (6), and in particular Article 4 thereof,
Having regard to Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel (7), and in particular Articles 3 and 5 thereof,
Having regard to Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multi-annual plan for fisheries exploiting stocks of plaice and sole in the North Sea (8), and in particular Articles 6 and 9 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking account of available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries (STECF). |
(2) |
Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be allocated to Member States and third countries in accordance with the criteria laid down in Article 20 of that Regulation. |
(3) |
In order to ensure effective management of the TACs and quotas, the specific conditions under which fishing operations occur should be established. |
(4) |
The principles and certain procedures for fishery management need to be laid down at Community level, so that Member States can ensure the management of the vessels flying their flag. |
(5) |
Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the allocation of fishing opportunities. |
(6) |
Fishing opportunities should be used in accordance with the Community legislation on the subject, and in particular with Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish (9), Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (10), Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules... |
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