L_2009347EN.01000601.xml
| 24.12.2009 | EN | Official Journal of the European Union | L 347/6 |
COUNCIL REGULATION (EC) No 1288/2009
of 27 November 2009
establishing transitional technical measures from 1 January 2010 to 30 June 2011
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Whereas:
| (1) | Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (3) lays down certain technical measures for the conservation of fishery resources. |
| (2) | Annex III to Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 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 (4) establishes technical measures until 31 December 2009. |
| (3) | On 4 June 2008, the Commission made a proposal for a Council Regulation concerning the conservation of fisheries resources through technical measures, intended to replace Regulation (EC) No 850/98 and to provide for permanent measures on the transitional technical measures currently laid down in Annex III to Regulation (EC) No 43/2009. |
| (4) | Considering that the proposed Council Regulation will not be adopted before the date on which the measures provided for in Annex III to Regulation (EC) No 43/2009 cease to apply, it is necessary for the reasons of legal certainty as well as of maintaining the proper conservation and management of marine resources to provide for the continuation of those measures for a transitional period of 18 months. |
| (5) | With a view to further reducing unwanted catches, the prohibition of high grading as provided for in point 5b of Annex III to Regulation (EC) No 43/2009 should be extended to all ICES zones. |
| (6) | The measures transposing into Community law the recommendations established by the Northeast Atlantic Fisheries Commission (NEAFC) should be amended in order to ensure compliance with the recommendations applicable in 2010. |
| (7) | Considering that the measures laid down in Annex III to Regulation (EC) No 43/2009 cease to apply as from 1 January 2010, this Regulation should be applicable as from that date, |
HAS ADOPTED THIS REGULATION:
Article 1
Transitional technical measures
1. Points 1, 2, 3 (including 3.1-3.2), 4 (including 4.1-4.2), 5, 5b (including 5b.1-5b.2), 6 (including 6.1-6.8), 7 (including 7.1-7.5), 8 (including 8.1-8.3), 9 (including 9.1-9.12), 9a (including 9a.1-9a.9), 12 (including 12.1-12.2), 15 (including 15.1-15.9), 16, 17, 18, 20 and 24 of Annex III and the Appendices to Annex III to Regulation (EC) No 43/2009 shall apply until 30 June 2011.
2. For the purposes of paragraph 1:
| (a) |
| (i) | in point 6, point 6.8 second paragraph, points 9.3, 9.6 and 9.8, the year ‘2009’ shall be replaced by ‘2010’; |
| (ii) | in point 3.2, point 6.7 first paragraph, point 6.8 first paragraph and point 18, the words ‘in 2009’ shall be replaced by ‘from 1 January 2010 to 30 June 2011’; |
| (iii) | in points 6.2, 7.1 and 8.1, the year ‘2009’ shall be deleted; |
| (iv) | in point 6.1, the words ‘31 December 2009’ shall be replaced by ‘30 June 2011’; |
| (v) | in point 6.7, the second paragraph shall be replaced by the following: ‘Member States concerned shall submit to the Commission a preliminary report on the total amount of catches and discards of vessels subject to the observer programme of 2010 no later than 30 June 2010, while regarding the observer programme of 2011 Member States shall submit the preliminary report to the Commission no later than 30 June 2011. A final report concerning 2010 shall be submitted by 1 February 2011 at the latest.’; | |
| (b) | in point 5b, the words ‘in the North Sea and Skagerrak’ shall be replaced by ‘all ICES zones’; |
| (c) | point 6.3 shall be replaced by the following:
| ‘6.3. | By way of derogation from points 6.1 and 6.2, it shall be permitted |
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