Regulation 2009/679 - Amendment of Regulation (EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

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1.

Current status

This regulation was in effect from August  5, 2009 until June 16, 2019.

2.

Key information

official title

Council Regulation (EC) No 679/2009 of 7 July 2009 amending Regulation (EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation
 
Legal instrument Regulation
Number legal act Regulation 2009/679
Original proposal COM(2009)173 EN
CELEX number i 32009R0679

3.

Key dates

Document 07-07-2009
Publication in Official Journal 29-07-2009; OJ L 197, 29.7.2009,Special edition in Croatian: Chapter 04 Volume 006
Effect 05-08-2009; Entry into force Date pub. + 7 See Art 2
End of validity 16-06-2019; Implicitly repealed by 32019R0833

4.

Legislative text

29.7.2009   

EN

Official Journal of the European Union

L 197/1

 

COUNCIL REGULATION (EC) No 679/2009

of 7 July 2009

amending Regulation (EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1386/2007of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (1), and in particular Article 70 thereof,

Having regard to the proposal from the Commission,

Whereas:

 

(1)

Regulation (EC) No 1386/2007 implements certain conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (‘NAFO’). This Regulation has subsequently been amended by Council Regulation (EC) No 538/2008 (2). Furthermore, inconsistencies between Regulation (EC) No 1386/2007 and NAFO rules on conservation and enforcement have been identified.

 

(2)

At its 30th annual meeting held in September 2008, NAFO adopted a number of amendments to its conservation and enforcement measures. Those amendments relate to provisions on bottom fishing, closed areas to ensure seamount protection, labelling requirements and additional port state measures.

 

(3)

Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (3), will start to apply on 1 January 2010.

 

(4)

Regulation (EC) No 1386/2007 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1386/2007 is hereby amended as follows:

 

1.

in Article 3, the following points shall be added:

 

‘21.

“Bottom fishing activities” means any fishing activity involving gear that contacts or is likely to contact the ocean bottom during the normal course of fishing operations.

 

22.

“Existing bottom fishing areas” means areas where, as indicated by VMS and/or other geo-reference data, bottom fishing activities have been conducted at least in two years within a reference period of 1987 to 2007.

 

23.

“New bottom fishing areas” means any area, other than existing bottom fishing areas, in which bottom fishing activities are conducted.’;

 

2.

in Article 6, the following paragraph shall be added:

‘4.   Masters of Community vessels shall record coordinates pertaining to the start and end locations of any trial tow conducted in accordance with paragraph 3.’;

 

3.

in Article 7, the following paragraph shall be added:

‘5.   Vessels conducting a directed fishery for species other than those specified in paragraphs 1, 2 and 3 of this Article are permitted to take regulated species with nets having a mesh size less than specified in those paragraphs, provided that the by-catch requirements in Article 4 are complied with.’;

 

4.

in Article 8, paragraph 2 shall be replaced by the following:

‘2.   However, Community vessels fishing in areas outside the NAFO Regulatory Area may retain on board nets with a mesh size smaller than that prescribed in Article 7, provided that these nets are securely lashed and stowed and are not available for immediate use.’;

 

5.

Article 11 shall be replaced by the following:

‘Article 11

Special provisions for shrimp fishery in Division 3L

Fishing for shrimp in Division 3L shall take place in depths greater than 200 metres.’;

 

6.

Article 12 shall be replaced by the following:

‘Article 12

Fisheries restricted areas

  • 1. 
    The conduct of bottom fishing activities shall be prohibited in the...

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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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7.

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