Proposal for a Council Regulation amending Regulation (EC) No 1579/2007 fixing the fishing opportunities and the conditions relating thereto for certain fish stocks and groups of fish stocks applicable in the Black Sea for 2008
Date: 2008-11-28
Institutions: European Commission
Subjects: Black Sea, authorised catch, fishery management, fishery resources, fishing regulations, fishing rights

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.11.2008 
COM(2008) 806 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1579/2007 fixing the fishing opportunities and the 
conditions relating thereto for certain fish stocks and groups of fish stocks applicable in 
the Black Sea for 2008 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 
Council  Regulation  (EC)  No  1579/20071  fixes  the  fishing  opportunities  and  the  conditions 
relating thereto for certain fish stocks and groups of fish stocks applicable in the Black Sea for 
2008. 

As part of the political agreement in the Fisheries Council on 27 October 2008 on the fishing 
possibilities for 2009 in the Black Sea it was agreed to apply the flexibility included for 2009 
to the current year as well. This flexibility means that Member States may request to exceed 
their annual turbot quota by up to 10%. The excess quantity will be deducted from their quota 
in the following year. 

The  present  proposal  intends  to  introduce  the  necessary  amendment  to  Regulation  (EC)  No 
1579/2007. 

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OJ L 346, 29.12.2007, p. 1 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1579/2007 fixing the fishing opportunities and the 
conditions relating thereto for certain fish stocks and groups of fish stocks applicable in 
the Black Sea for 2008 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation (EC)  No  2371/2002  of  20 December 2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy2, and in particular Article 20 thereof, 

Having regard to Council Regulation (EC) No 847/1996 of 6 May 1996 introducing additional 
conditions  for  year-to-year  management  of  TAC's  and  quotas3,  and  in  particular  Article  2 
thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

Council  Regulation  (EC)  No  1579/20074  fixes  the  fishing  opportunities  and  the 
conditions relating thereto for certain fish stocks and groups of fish stocks applicable 
in the Black Sea for 2008.  

(2)  While Regulation (EC) No 1579/2007 provides that Article 3 of Regulation (EC) No 
847/96  shall  not  apply  to  the  quota  for  turbot  in  the  Black  Sea  for  2008,  the  current 
stock situation of the turbot stock would permit such application.  

(3) 

(4) 

(5) 

Regulation (EC) No 1579/2007 should thus be amended accordingly. 

In view of the urgency of the matter and taking into account that the quota year 2008 
will  soon  be  finished,  this  Regulation  should  enter  into  force  on  the  day  of  its 
publication in the Official Journal of the European Union 

In view of the urgency of the matter, it is also imperative to grant an exception to the 
six-week period referred to in paragraph I (3) of the Protocol on the role of national 
Parliaments in the European Union, annexed to the Treaty on European Union and to 
the Treaties establishing the European Communities, 

HAS ADOPTED THIS REGULATION: 

Article 1 
Amendment to Regulation (EC) No 1579/2007 

In the entry "Turbot" in ANNEX I to Regulation (EC) No 1579/2007, the words "Article 3 of 
Regulation  (EC)  No  847/96  does  not  apply"  are  replaced  by  the  words  "Article  3  of 
Regulation (EC) No 847/96 applies". 

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OJ L 358, 31.12.2002, p. 59. 
OJ L 115, 9.5.1996, p. 3. 
OJ L 346, 29.12.2007, p. 1. 

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Article 2 
Entry into force 

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

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

Done at Brussels, 

For the Council 
The President  

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