# EUR-Lex - 52012PC0471 - EN

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# 52012PC0471

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain technical and control measures in the Skagerrak and amending Regulation (EC) No 850/98 and Regulation (EC) No 1342/2008 /* COM/2012/0471 final - 2012/0232 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

General context

During the fisheries consultations in 2010
between EU and Norway[1]
it was agreed to set up a Working Group to improve the control and enforcement
measures in the fisheries in the Skagerrak, and to recommend ways to harmonise
EU and Norwegian technical and control measures regulations in the area outside
4 nautical miles from the baselines. This Working Group on Technical Measures
and Control in Skagerrak met during 2011 and reported in October 2011. The
Working Group’s recommendations were included in the Agreed Record by the EU
and Norway in Bergen of 2 December 2011.

Existing EU provisions in the area of
the proposal

Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploitation of fisheries
resources under the Common Fisheries Policy[2].

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].

Council Regulation (EC) No 1342/2008 of 18
December 2008 establishing a long-term plan for cod stocks and the fisheries
exploiting those stocks and repealing Regulation (EC) No 423/2004[4].

Council Regulation (EC) No 1005/2008 of
29 September 2008 establishing a Community system to prevent, deter and
eliminate illegal, unreported and unregulated fishing, amending Regulations
(EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and
repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999[5].

Council Regulation (EC) No 1006/2008 of
29 September 2008 concerning authorisations for fishing activities of
Community fishing vessels outside Community waters and the access of third
country vessels to Community waters, amending Regulations (EEC) No 2847/93
and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94[6] and its Implementing rules of Commission
Regulation (EU) No 201/2010 of 10 March 2010 laying down detailed
rules for the implementation of Council Regulation (EC) No 1006/2008
concerning authorisations for fishing activities of Community fishing vessels
outside Community waters and the access of third country vessels to Community
waters[7].

Council Regulation (EC) 1224/2009
establishing an EU control system for fisheries[8]
sets the general control requirement for fisheries but also specific requirements
for multiannual plans and its Implementing rules in Commission Implementing
Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed
rules for the implementation of Council Regulation (EC) No 1224/2009
establishing a Community control system for ensuring compliance with the rules
of the Common Fisheries Policy[9].

Council Regulation (EC) No 847/96 of 6 May
1996 introducing additional conditions for year-to-year management of TACs and
quotas[10].

CFP reform

At present a Commission Proposal for a
Regulation of the European Parliament and the Council on the Common Fisheries
Policy[11]
is being discussed, including the implementation of an obligation to land all
catches across EU fisheries. The Skagerrak is a small geographical area with a
limited number of Member States concerned. Accordingly, the provisions laid
down in the present proposal are specific to the Skagerrak and the fisheries
therein and hence do not form any precedent for the debate on the reform of the
CFP. Nevertheless, the experiences in the Skagerrak can provide valuable
feedback for the general discussion on the implementation of a general
obligation to land all catches in EU fisheries.

Consistency with the other policies
and objectives of the Union

The proposal and its objectives are
consistent with the European Union's policies, especially environmental,
social, market and trade policies.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

Consultation with interested parties

The Working Group established in the
context of the EU-Norway negotiations described in Point 1 was mandated to
review the current technical and control measures in the area and, where
appropriate, recommend, to the largest degree possible, harmonised technical
and control measures for the Skagerrak. The Working Group consisted of
technical, control and scientific experts as well as fishermen's
representatives, including the owners of small vessels. The Working Group held
several meetings in 2011 and reported it findings and recommendations in
October 2011.

In April 2012 the recommendations were
included in the agreed record signed by EU and Norway.

Against this background and in order to
follow the objective of the CFP to ensure sustainable use of living aquatic
resources and to eradicate discarding as unsustainable practice it is desirable
to enact the recommendations listed in the Agreed Records in Union legislation.

Impact assessment

The rules to be adopted will be applicable only
in the Skagerrak, and are in the context of an EU-Norway international
agreement. This agreement identified the common technical measures and control
measures included in the proposal, as well as the list of species to be covered
by the obligation to land and the time schedule for its progressive
implementation. Moreover, the EU-Norway agreement was based on the
recommendations made by the technical Working Group, with stakeholder
participation, that examined in detail the various options available in order
to allow the continuation of the traditional fisheries in the Skagerrak
following the expiry of the Skagerrak neighbourhood agreement. This Working
Group is deemed to represent a sufficient alternative to the impact assessment.
Furthermore, the issue of the obligation to land all catches was thoroughly
presented in the impact assessment that was prepared along with the reform
proposal[12].

3.           LEGAL ELEMENTS OF THE PROPOSAL

Legal basis

Article 43(2) of the Treaty on the
Functioning of the European Union.

Subsidiarity principle

Provisions of the proposal relate to the
conservation of marine biological resources, measures that fall under the
exclusive competence of the Union. Consequently the subsidiarity principle does
not apply.

Proportionality principle

The proposed measures comply with the
proportionality principle as no other less restrictive measures are available
to obtain the desired policy objectives.

Choice of instrument

Proposed instrument: Regulation of the
European Parliament and of the Council.

4.           BUDGETARY IMPLICATION

No budgetary implications.

2012/0232 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on certain technical and control measures
in the Skagerrak and amending Regulation (EC) No 850/98 and Regulation (EC) No
1342/2008

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[13],

Having regard to the opinion of the
Committee of the Regions[14],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       As result of the Fisheries
Consultations for 2012 held on 2 December 2011 between the Union and Norway certain
technical and control measures applicable to the Skagerrak should be amended with
the view to improving the exploitation patterns and where possible to align
Union and Norwegian regulations.

(2)       During the Fisheries Consultations
between the Union and Norway of 28 June 2012 common technical and control
measures were specified to be applied in the Skagerrak, the list of species to
be covered by an obligation to land all catches and the timetable by which
these species should be progressively included in the obligation to land.

(3)       Changes to the technical
measures in place in the Skagerrak are needed to reduce the level of unwanted
catches and discards as they negatively affect the sustainable exploitation of
marine biological resources.

(4)       An obligation to land all
catches of stocks subject to catch limits needs to be established, except for
species or fisheries where there is scientific evidence of high survival rates of
discarded fish or where the burden to fishermen of having to extract the
unwanted species from the catch for separate treatment is unreasonably high. [Art.
3]

(5)       The system of landing all catches
requires substantial changes to the present fisheries and the management of the
fisheries concerned. Therefore, the obligation to land should be introduced
progressively. [Art. 4]

(6)       For the protection of
juvenile fish, the functioning of the fisheries market and to ensure that no
unjust profit can be gained from catching fish under a minimum conservation
reference size, the handling of such catches should be limited to fish meal, pet
food or other non-human consumption products, or for charitable purposes. [Art.
5]

(7)       In order to progressively eliminate
discards the selectivity of the fishing gears should be improved by increasing
the general minimum mesh size requirement for demersal fisheries but with
derogations to allow the use of gears, including selection devices having the
same selectivity in these fisheries. [Art. 6]

(8)       For the best possible
effect and proper monitoring and control of the new technical measures to be
set out, it is necessary to restrict the use of fishing gears in the Skagerrak. [Art. 7]

(9)       In order to address the
conflict of applicable legislation in the Skagerrak and its neighbouring areas
and to ensure that the rules establishing the technical measures in the
Skagerrak are complied with, it is also necessary to establish certain measures
to govern issues when on a given fishing trip fishing vessels combine their
fishing activities in the Skagerrak with fishing in areas where the new
technical measures adopted for the Skagerrak are not to be applied. [Art. 8]

(10)     With a view to ensuring
compliance with the measures laid down in this Regulation, specific control
measures should be adopted in addition to those provided for in Council
Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community
control system for ensuring compliance with the rules of the common fisheries
policy[15].[Art.
9]

(11)     Recognising that the
Skagerrak is a rather small fishing area where mainly smaller vessels carry out
short fishing trips, the use of prior notification as requested by Article 17
of Regulation (EC) 1224/2009 should be extended to cover all vessels with an
overall length of 10 m or more and the prior notifications should be submitted
two hours in advance to adapt to the fisheries.[Art. 10]

(12)     For the proper monitoring
of fishing activities with special regard to verifying that the obligation to land
all catches of stocks subject to catch limitations is complied with at sea, it
is necessary to operate a Remote Electronic Monitoring (REM) system on vessels
operating in the Skagerrak. [Art. 11]

(13)     To ensure that the new
technical measures are complied with, Member States concerned should define a
control and inspection measures for the Skagerrak and incorporate this measures
into their respective national control action programmes. [Art. 12]

(14)     It is required to provide
rules for vessels transiting the Skagerrak in order to ensure that the new
technical measures are respected. [Art. 13]

(15)     Provisions should be made
for the periodical assessment by the Commission of the adequacy and
effectiveness of the technical measures. It is appropriate that such assessment
is based on reports of the Member States concerned. [Art. 14 and 15]

(16)     In order to facilitate more
selective fishing under an obligation to land all catches, it is appropriate to
exempt the vessels operating in the Skagerrak from the effort regime set out in
Chapter III of Regulation (EC) No 1342/2008 of 18 December 2008
establishing a long-term plan for cod stocks and the fisheries exploiting those
stocks and repealing Regulation (EC) No 423/2004 [16].[Art. 20]

(17)     It is required to provide a
level of flexibility for fishermen to adapt to the new regime in the Skagerrak. Accordingly, the permitted flexibility in the year-to year quota uptake
established in Regulation (EC) No 847/96 of 6 May 1996 introducing additional
conditions for year-to-year management of TACs and quotas [17] should not be deemed as
overfishing. [Art. 20]

(18)     In order to adapt to the
technical and scientific progress in a timely and proportionate fashion and to
ensure flexibility and allow evolution of certain measures, the power to adopt
acts in accordance with Article 290 of the Treaty should be delegated to the
Commission in respect of amending Annex I as regards the timeline and the
stocks subject to the obligation to land all catches and in respect of amending
Annex II as regards minimum conservation reference size.

(19)     The Commission, when
preparing and drawing up delegated acts, should ensure a simultaneous, timely
and appropriate transmission of relevant documents to the European Parliament
and to the Council.

(20)     In order to ensure uniform
conditions and timely response to the reality of fisheries and available
scientific information, implementing powers should be conferred on the
Commission for the implementation of the provisions of technical nature on the
determination of selectivity level of gears and the minimum requirements of the
REM. Those powers should be exercised in accordance with Regulation (EU) No
182/2011 of the European Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning mechanisms for control
by the Member States of the Commission's exercise of implementing powers[18].

(21)     The prohibition of
retention on board of certain species at certain times in the Skagerrak and the
scope of this Regulation make necessary certain amendments to Regulation (EC)
No 850/98 and Regulation (EC) No 1342/2008.

(22)     Regulation (EC) No 850/98
and Regulation (EC) No 1342/2008 should, therefore, be amended accordingly,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL
PROVISIONS

Article 1

Subject
matter and scope

1. This Regulation establishes new
technical and control measures in the Skagerrak.

2. This Regulation shall apply to all
fishing vessels operating in the Skagerrak.

Article 2

Definitions

For the purposes of the Regulation in
addition to the definitions laid down in Article 3 of Regulation 850/98 and in
Article 3 of Regulation 2371/2002 the following definitions shall apply:

(a) Pots and creels mean small traps designed to catch crustaceans or fish in the form
of cages or baskets made with various materials that are set on the seabed
either singly or in rows; connected by ropes (buoy-lines) to buoys on the
surface showing their position and having one or more openings or entrances;

(b) Minimum conservation reference size
means the size for a given species below which the sale of catches shall be
restricted to reduction to fish meal, pet food or other non-human consumption
products only;

(c) Mesh size of any trawl, Danish seine
or similar towed net mean the mesh size of any codend or extension piece found
on board a fishing vessel;

(d) codend means a codend sensu stricto;

(e) extension piece means a lengthening piece as
defined in the Annex to Regulation (EEC) No 3440/84[19];

(f) Demersal trawl
means gear which is actively towed by one or more
fishing vessels across the seabed and consisting of a net having a cone- or
pyramid-shaped body (as trawl body) closed at the back by a codend which is
horizontally opened by otter boards in contact with the bottom or in the case
of two vessels by the distance between the vessels;

(g) Danish seine means
encircling and towed gear, operated from one or more vessels by means of two
long ropes (seine ropes) designed to herd the fish towards
the opening of the seine. The gear made up of net, which is similar to a bottom
trawl in design and size, comprises two long wings, a body and a codend.

(h) Beam
trawl means gear with a trawl net open horizontally by a steel or wooden
tube, the beam, and netting with ground chains, chain mats or tickler chains,
actively towed on the bottom by the vessel engine.

(i) Pelagic trawl means gear which
is towed by one or more fishing vessels in midwater and consisting of a net
with large meshes in the front section which herd the catch towards the net aft
sections which are constructed in small mesh, for which the fishing depth is
controlled by means of a net sounder and the horizontal opening is controlled
by otter boards which normally do not touch the seabed.

(j) Pelagic
and industrial species means herring, mackerel, sprat, blue whiting, Norway pout, sandeel or horse mackerel.

CHAPTER II

TECHNICAL
CONSERVATION MEASURES

Article 3

Obligation
to land all catches

1. By way of derogation from Article 19(1)
of Regulation 850/98 all catches of the fish stocks listed in Annex I shall be
brought and retained on board the fishing vessels and landed in accordance with
the timeline set out in that Annex, except if the discarded fish of such stocks
have high survival rate or where the burden to fishermen of having to extract
the unwanted species from the catch for separate treatment is unreasonably high.

2. Notwithstanding paragraph 1, and by way
of derogation from Article 19(1) of Regulation 850/98 when fishing with gears
having a mesh size equal to or less than 32 mm all catches of stocks, including
stocks to which the obligation to land does not apply, shall be brought and
retained on board the fishing vessels and landed.

3. Paragraph 1 shall not apply to fishing
with pots or creels.

4. The Commission shall be empowered to
adopt delegated acts to amend Annex I on the basis of advances in scientific
information or where the burden to fishermen proves to be disproportionate to
the benefits. Those delegated acts shall be adopted in accordance with Article
16.

Article 4

Special conditions
for quota management

1. All catches of stocks referred to in
Article 3 made by Union fishing vessels shall be counted against the quotas
applicable to the flag Member State for the stock or group of stocks in
question, irrespective of the place of landing.

2. Member States shall ensure that quota is
available for fishing vessels operating in the Skagerrak for any stocks subject
to the obligation to land what they may catch, taking account of the likely
catch composition of the vessels.

3. Member States shall ensure that fishing
vessels flying their flag retaining on board fish for which the Member State has no quota shall return to port.

Article 5

Handling
of juvenile fish

1. Where a minimum conservation reference
size is set for a stock subject to Article 3, the sale of catches of that stock
below the minimum conservation reference size shall be restricted for reduction
to fish meal, pet food or other non-human consumption products only, or for
charitable purposes.

2. The minimum conservation reference sizes
for stocks in the Skagerrak are listed in Annex II.

3. The Commission shall be empowered to
adopt delegated acts to amend Annex II on the basis of advances of scientific
information. Those delegated acts shall be adopted in accordance with Article
16.

Article 6

Specifications
of fishing gears

1. The carrying on board or the use of any demersal
trawl, Danish seine, beam trawl or similar towed net having a mesh size of less
than 120 mm is prohibited.

2. By way of derogation from paragraph 1:

(a)
Gears having the same selectivity
characteristics as the ones set out in paragraph 1 confirmed by experimental
fishing trips or assessment from the Scientific,
Technical and Economic Committee for Fisheries (STECF) may be
used.

(b)
Trawls with minimum mesh sizes of less than 32 mm
may be used provided the catch on board contains more than 50 % of one or more
pelagic or industrial species.

3. The Commission shall be empowered to adopt
implementing acts to decide on the gears, including the selection devices
attached to those gears, which may be used as having the characteristics of
equivalent selectivity to the gears set out in paragraph 1.

Those implementing acts shall be adopted in
accordance with Article 17.

Article
7

Restrictions
on the use of gear

1. Fishing vessels operating in the Skagerrak shall only use one fishing gear during any given fishing trip.

2. By way of derogation from paragraph 1,
fishing vessels may use any combination of fishing gears specified in Article
6(1) and Article 6(2)(a).

3. Vessels referred to in paragraphs 1 may retain
on board more than one gear provided that they shall stow
the unused nets in accordance with Article 47 of Regulation (EC) No 1224/2009.

Article 8

Fishing
trips carried out in Skagerrak and other areas

1. By way of derogation from Articles 4,
15, 19(1), 35, 36, 37 of
Regulation (EC) No 850/98 this Chapter shall also apply to areas other than the
 Skagerrak for the whole fishing trip of a vessel.

2. Paragraph 1 shall apply to other areas
only where that vessel fishes in the Skagerrak and in the other area any time
during the same fishing trip.

CHAPTER III

CONTROL
MEASURES

Article 9

Relationship
with other Regulations

The control measures provided for in this
Chapter shall apply in addition to those provided for in Regulation (EC) No
1005/2008, Regulation (EC) No 1006/2008 and Regulation (EC) No 1224/2009 and
save where otherwise provided for in the Articles of this Chapter.

Article 10

Prior
notification

1. By way of derogation from Article 17 of
Regulation (EC) No 1224/2009, masters of Union fishing vessels retaining on
board fish stocks subject to Article 3 of this Regulation shall notify the
competent authorities of their flag Member State of the information listed in
Article 17(1) of Regulation (EC) No 1224/2009 two hours before entering into
port.

2. By way of derogation from Article 1 of
Commission Regulation (EC) No 1010/2009[20],
masters of third country fishing vessels retaining on board fish stocks subject
to Article 3 of this Regulation shall notify the competent authorities of the
Member State whose port they wish to use of the information listed in Article
6(1) of Regulation (EC) No 1005/2008 two hours before entering into port.

Article 11

Remote
Electronic Monitoring

1. Member States shall operate a Remote Electronic Monitoring
(REM) system for monitoring of fishing activities of the fishing vessels flying
their flag and operating in the Skagerrak.

2. A fishing vessel of 12 metres’ length
overall or more shall have installed on board a fully functioning REM system that
consists of a sufficient number of closed circuit TV (CCTV) cameras on board,
GPS and sensors to be allowed to leave port.

3. Paragraph 2 shall be applied in accordance
with the following timeline:

(a)        as from 1 January 2014 to Union fishing vessels of 15 metres’ length overall or more;

(b)        as from 1 July 2015 to Union fishing vessels of 12 metres’ length overall or more.

4. The Commission shall
be empowered to adopt implementing acts on the following aspects of the REM:
reliability of the system, system specifications, data to be recorded and
processed, monitoring the use of the REM, or any other elements necessary for
the functionality of the system.

Those implementing acts shall be adopted in
accordance Article 17.

Article 12

Control
and inspection plan

1. Member States shall establish a control
and inspection measures in accordance with Annex III to ensure compliance with
the conditions referred to in this Regulation within six months from the entry
into force of this Regulation.

2. The control and inspection measures
shall be included in the national control action programme as provided for in
Article 46 of Regulation (EC) 1224/2009 that is applicable to the multiannual
plan for cod stocks laid down in Regulation (EC) 1342/2008[21].

Article 13

Transit

Fishing vessels
transiting the Skagerrak with fish retained on board caught in areas other than
the Skagerrak shall lash and stow the nets in accordance with Article 47 of
Regulation (EC) No 1224/2009.

CHAPTER IV

REVIEW

Article
14

Member
States reporting

Member States concerned shall report to the
Commission on the implementation of this Regulation in the third year after the
entry into force of this Regulation and then every third year thereafter.

Article
15

Evaluation
of the plan

The Commission shall, on the basis of the
reports from Member States referred to in Article 14 and in conjunction with
scientific advice, evaluate the impact of the measures on the stocks and
fisheries concerned in the year following that in which it receives the
reports.

CHAPTER V

PROCEDURAL PROVISIONS

Article 16

Exercise
of delegated powers

1.           The power to adopt
delegated acts is conferred on the Commission subject to the conditions laid
down in this Article.

2.           The powers to adopt
delegated acts as referred to in Articles 3(4) and 5(3) shall be conferred on
the Commission for an indeterminate period of time.

3.           The delegation of power
referred to in Articles 3(4) and 5(3) may be revoked at any time by the
European Parliament or by the Council. A decision of revocation shall put an
end to the delegation of the power specified in that decision. It shall take
effect the day following the publication of the decision in the Official Journal
of the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.

4.           As soon as it adopts a
delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.

5.           A delegated act adopted
pursuant to Articles 3(4) and 5(3) shall enter into force only if no objection
has been expressed either by the European Parliament or the Council within a
period of 2 months of notification of that act to the European Parliament
and the Council or if, before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object. That
period shall be extended by 2 months at the initiative of the
European Parliament or the Council.

Article 17

Committee
procedure

1.         The Commission shall be assisted
by the Committee for Fisheries and Aquaculture established by Article 30 of
Regulation (EC) No 2371/2002. That committee shall be a committee within the
meaning of Regulation (EU) No 182/2011.

2.         Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

CHAPTER VI

AMENDMENTS

Article 18

Amendments
to Regulation (EC) No 850/98

Regulation (EC) No 850/98 is amended as
follows:

1. The word "Skagerrak" is deleted from Articles 4()a)(ii), 35 and from the heading of Annex IV.

2. Article 38 is
deleted.

3. The heading of Annex
X.B is replaced by the following:

"B. CONDITIONS FOR
USE OF CERTAIN COMBINATIONS OF MESH SIZE IN KATTEGAT"

Article 19

Amendments
to Regulation (EC) No 1342/2008

Regulation (EC) No 1342/2008 is amended as
follows:

1. In Article 11(1), the following second
subparagraph is added:

"The fishing effort regime referred to
in the first subparagraph shall not apply to the Skagerrak from 1 January
2013."

2. In Article 12(5), the following second
subparagraph is added:

"Where the Skagerrak is excluded from
the fishing effort regime pursuant to Article 11(1) second subparagraph, the
fishing effort that can be associated with the Skagerrak, and which contributed
to establishment of the baseline effort, shall no longer be taken into account
for the purpose of establishing the maximum allowable fishing effort."

CHAPTER VII

DEROGATIONS

Article 20

Derogation from
Regulation (EC) No 847/96

1. By way of derogation from

(a) Article 3(3) of Regulation 847/1996 , when
more than 75 % of a quota for a stock subject to Article 3 has been utilized
before 31 October of the year of its application, the Member State to which
such a quota has been allocated may request the Commission's permission to land
additional quantities of fish of the same stock to be deducted from the quota
of that stock in the following year indicating the additional quantity required
(borrowing), and

(b) Article 4(2) of Regulation 847/1996, a
Member State to which a relevant quota has been allocated may ask the
Commission, before 31 October of the year of application of the quota, to
withhold a part of its quota to be transferred to the following year (banking).

The quantities referred to in paragraphs
(a) and (b) shall not exceed

(i)       in 2013 20 % of the appropriate quota,

(ii)      in 2014 15 % of the appropriate quota
and

(iii)     from 2015 10 % of the appropriate
quota.

2. The additional quantity borrowed in
accordance with paragraph 1 shall not be considered as exceeding permitted
landings for the purposes of the deductions set out in Article 105
of Regulation 1224/2009.

CHAPTER VIII

FINAL
PROVISIONS

Article 21

This Regulation shall enter into force on
the day following that of its publication in the Official Journal of the
European Union.

This Regulation shall apply from 1 January
2013.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

Annex I

List of species to be progressively
included in the obligation to land

Name || Scientific name || Start date of application

Cod || Gadus morhua || 1 January 2013

Haddock || Melanogrammus aeglefinus || 1 January 2013

Herring || Clupea harengus || 1 January 2013

Mackerel || Scomber scombrus || 1 January 2013

Northern Prawn || Pandalus borealis || 1 January 2013

Saithe || Pollachius virens || 1 January 2013

Sprat || Sprattus sprattus || 1 January 2013

Whiting || Merlangius merlangus || 1 January 2013

Hake || Merluccius merluccius || 1 January 2013

Ling || Molva molva || 1 January 2013

Monkfish || Lophius piscatorius. || 1 January 2013

Pollack || Pollachius pollachius || 1 January 2013

Grenadier || Coryphaenoides rupestris || 1 January 2013

Blue Ling || Molva dypterygia || 1 January 2013

Tusk || Brosme brosme || 1 January 2013

Plaice || Pleuronectes platessa || 1 January 2015

Witch || Glyptocephalus cynoglossus || 1 January 2015

Long rough dab || Hippoglossoides platessoides || 1 January 2015

Blue Whiting || Micromesistius poutassou || 1 January 2015

Norway pout || Trisopterus esmarkii || 1 January 2015

Argentine || Argentina spp. || 1 January 2015

Sole || Solea solea || 1 January 2015

Nephrops || Nephrops norvegicus || 1 January 2015

Brill || Scophthalmus rhombus || 1 January 2015

Dab || Limanda limanda || 1 January 2015

Turbot || Scophthalmus maximus || 1 January 2015

Lemon Sole || Microstomus kitt || 1 January 2015

Sandeel || Ammodytidae || 1 January 2015

Horse Mackerel || Trachurus trachurus || 1 January 2015

Rays (other than those listed in the fishing opportunities regulations as having to be released) || Raja spp. || 1 January 2015

Flounder || Platichthys flesus || 1 January 2015

Catfish/Wolfish || Anarhichas lupus || 1 January 2015

Greater Forkbeard || Phycis blennoides || 1 January 2015

Lumpsucker || Cyclopterus lumpus || 1 January 2015

Redfish spp || Sebastes spp. || 1 January 2015

Annex II

Minimum conservation reference size

Species || Minimum conservation reference sizes

Cod (Gadus Morhua) || 30 cm

Haddock ((Melanogrammus aeglefinus) || 27 cm

Whiting (Merlangus merlangus) || 23 cm

Saithe (Polachius virensis) || 30 cm

Herring (Clupea harengus) || 18 cm

Mackerel (Scomber spp.) || 20 cm

Hake (Merluccius merluccius) || 30 cm

Ling (Molva molva) || 63cm

Blue ling (Molva dipterygia) || 70cm

Pollack (Pollachius pollachius) || 30cm

Plaice (Pleuronectes platesus) || 27 cm

Sole (Solea spp.) || 24 cm

Horse mackerel (Trachurus spp.) || 15 cm

ANNEX III

Control and
inspection measures

1.         For the purposes of control and
inspection to verify the level of compliance with Articles 3 and 5, the national
control and inspection measures shall include reference at least to the
following:

(a)
requirements of full catch sampling at sea and
in port;

(b)
analysis of all data listed in Article 109(2)(a)
and (b) of Regulation (EC) No 1224/2009;

(c)
use of sensors attached to the gears;

(d)
use of remote electronic monitoring (REM) that
consists of closed circuit TV (CCTV), GPS and sensors;

(e)
reference fleet for the
main fisheries in Skagerrak, either by the use of REM or observers;

(f)
a scientific sampling program on discards
covering all the main fisheries in Skagerrak.

2.         For the purposes of control and
inspection to verify the level of compliance with Articles 6, 7 and 8, the
national control and inspection measures shall include reference at least to
the following:

(a)
the allocated human and technical means;

(b)
the inspection strategy, including the level of
inspections at sea and land and of surveillance.

3.         Baselines for inspection

The Member States concerned shall assign the
highest risk level to fisheries carried out in the Skagerrak in their risk
management system established in accordance with Article 5(3) of Regulation
(EC) No 1224/2009. A separate risk factor shall be established for vessels
fishing in the Skagerrak and other Union waters during the same fishing trip and
they shall also be assigned to the highest risk level.

[1]               Agreed Record of Conclusions of Fisheries
Consultations between the EU and Norway on the Regulation of Fisheries in
Skagerrak and Kattegat for 2011 signed in Bergen on 4 December 2010

[2]               OJ L 358, 31.12.2002, p.59.

[3]               OJ L 125, 27.4.1998, p.1.

[4]               OJ L 348, 24.12.2008, p.20.

[5]               OJ L 286, 29.10.2008,
p.1.

[6]               OJ L 286, 29.10.2008,
p.33.

[7]               OJ L 61, 11.3.2010, p.1.

[8]               OJ L 343, 22.12.2009, p.1.

[9]               OJ L 112, 30.4.2011, p.1.

[10]             OJ L 115, 9.5.1996, p.3.

[11]             COM(2011) 425 final of 13.7.2011

[12]             http://ec.europa.eu/fisheries/reform/index_en.htm

[13]             OJ C , , p. .

[14]             OJ C , , p. .

[15]             OJ L 343, 22.12.2009, p. 1.

[16]             OJ L 348, 24.12.2008,
p. 20.

[17]             OJ L 115, 9.5.1996, p.3.

[18]             OJ L 55, 28.2.2011, p. 13.

[19]             OJ L 318, 7.12.1984, p. 23.

[20]             OJ L 280, 27.10.2009, p. 5.

[21]             OJ L 348, 24.12.2008, p. 20.