Regulation 2012/1040 - Amendment of Regulation (EC) No 754/2009 as regards exclusion of certain groups of vessels from the fishing effort regime laid down in Regulation (EC) No 1342/2008 and amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards certain fishing opportunities

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1.

Current status

This regulation has been published on November  9, 2012 and entered into force on January  1, 2012.

2.

Key information

official title

Council Regulation (EU) No 1040/2012 of 7 November 2012 amending Regulation (EC) No 754/2009 as regards exclusion of certain groups of vessels from the fishing effort regime laid down in Regulation (EC) No 1342/2008 and amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards certain fishing opportunities
 
Legal instrument Regulation
Number legal act Regulation 2012/1040
Original proposal COM(2012)383 EN
CELEX number i 32012R1040

3.

Key dates

Document 07-11-2012
Publication in Official Journal 09-11-2012; OJ L 310 p. 13-16
Effect 01-01-2012; Application Partial application Annexed I Pt 1 Annexed II Pt 1 See Art 4
01-02-2012; Application Partial application Annexed I Art 1 Pt 2 Annexed II Pt 2 See Art 4
10-11-2012; Entry into force Date pub. + 1 See Art 4
End of validity 31-12-9999

4.

Legislative text

9.11.2012   

EN

Official Journal of the European Union

L 310/13

 

COUNCIL REGULATION (EU) No 1040/2012

of 7 November 2012

amending Regulation (EC) No 754/2009 as regards exclusion of certain groups of vessels from the fishing effort regime laid down in Regulation (EC) No 1342/2008 and amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards certain fishing opportunities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

The 2011 stock assessment for herring in the Irish Sea was based on a trends only assessment and a reduced precautionary total allowable catch (TAC) was adopted. Subsequent benchmarking in 2012 of this stock has improved the assessment methodology and a catch forecast based on a maximum sustainable yield (MSY) approach can now be provided. The Scientific, Technical and Economic Committee for Fisheries (STECF) was asked to comment on a retroactive increase of fishing opportunities for this stock and to explain the impact of such an increase on the scientific advice for 2013. On the basis of the STECF analysis, an increase in the fishing opportunities set for 2012 can be adopted, on the condition that the necessary revision is made to the 2013 TAC to maintain fishing mortality at maximum sustainable yield (MSY) level. Council Regulation (EU) No 43/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (1) should be amended accordingly.

 

(2)

France has provided information on cod catches for three fisheries and involving three groups of vessels: a group of bottom trawlers targeting saithe in the North Sea, a group of bottom trawlers targeting saithe and deep-sea species in the west of Scotland, and a group of vessels fishing with longlines targeting hake in the west of Scotland. On the basis of this information, as assessed by STECF, it can be established that the cod catches, including discards, of these three groups of vessels did not exceed 1,5 % of the total catches for each group of vessels in each of the three areas. Moreover, having regard to the measures in place to ensure the monitoring and control of the fishing activities of these groups of vessels and considering that the inclusion of these groups would constitute an administrative burden disproportionate to their overall impact on cod stocks, it is appropriate to exclude the three groups of vessels from the application of the effort regime laid down in Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (2). Council Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008 (3), Regulation (EU) No 43/2012, and Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (4) should be amended accordingly.

 

(3)

In October 2012, the International Council for the Exploration of the Sea (ICES) published scientific advice on the stock of Norway pout in the North Sea, the Skagerrak and the Kattegat. ICES advice indicates that catches ought not to exceed 101 000 tonnes in 2012. As regards quotas, 75 % of the Norway pout TAC in this area corresponds to the Union quota, of which 5 000 tonnes should be allocated to Norway. The rest of the Union quota should be allocated among Member States.

 

(4)

The...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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