Regulation 2015/812 - Amendment of Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation - Main contents
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Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2015/812 |
| Original proposal | COM(2013)889  |
| CELEX number i | 32015R0812 |
| Document | 20-05-2015; Date of adoption |
|---|---|
| Publication in Official Journal | 29-05-2015; OJ L 133 p. 1-20 |
| Effect | 01-06-2015; Entry into force Date pub. +3 See Art 11 01-01-2017; Partial application See Art 11 |
| End of validity | 19-07-2016; Partial end of validity Art. 4 Implicitly repealed by 32016R1139 13-08-2019; Partial end of validity Art. 1 Implicitly repealed by 32019R1241 13-08-2019; Partial end of validity Art. 2 Implicitly repealed by 32019R1241 13-08-2019; Partial end of validity Art. 5 Implicitly repealed by 32019R1241 31-12-9999 |
29.5.2015 |
EN |
Official Journal of the European Union |
L 133/1 |
REGULATION (EU) 2015/812 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 May 2015
amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3) established as one of its objectives the gradual elimination of discards through the introduction of a landing obligation for catches of species subject to catch limits and species subject to minimum sizes in the Mediterranean. Certain provisions of existing regulations establishing technical and control measures are contradictory to the landing obligation and oblige fishermen to discard fish. In order to remove the incompatibilities between those regulations and the landing obligation, and to make the landing obligation operational, those provisions should be amended or repealed. |
(2) |
In particular, in order to ensure the implementation of the landing obligation, Council Regulation (EC) No 850/98 (4) should be amended by requiring that all unintended catches of marine organisms of species subject to the landing obligation and caught in excess of catch composition limits be landed and counted against quotas; by replacing minimum landing sizes for marine organisms subject to the landing obligation with minimum conservation reference sizes; by requiring that all unintended catches of marine organisms of species subject to the landing obligation and caught in excess of by-catch limits in specific areas, at specific times and for specified gear types, be landed and counted against quotas; and by making it clear that the prohibition on highgrading is not to apply where exemptions are introduced under the landing obligation. |
(3) |
In addition, in order to ensure legal certainty, the provisions relating to an area closure for the protection of juvenile haddock in ICES division VIb should be amended. |
(4) |
In order to ensure the implementation of the landing obligation, Council Regulation (EC) No 2187/2005 (5) should be amended by requiring that all unintended catches of marine organisms of species subject to the landing obligation in the Baltic Sea and caught in excess of catch composition limits be landed and counted against quotas; by replacing minimum landing sizes for marine organisms of species subject to the landing obligation with minimum conservation reference sizes; and by prohibiting the catching of salmon and sea trout at specific times and in specific areas except with trap-nets. |
(5) |
In order to ensure the implementation of the landing obligation, Council Regulation (EC) No 1967/2006 (6) should be amended by replacing minimum sizes for marine organisms of species subject to the landing obligation with minimum conservation reference sizes, without undermining the concept and implementation of existing minimum catching sizes. |
(6) |
In order to ensure the implementation of the landing obligation, Council Regulation (EC) No 1098/2007 (7) should be amended by requiring that, when fishing with drifting lines, gillnets,... |
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