Council Regulation (EC) No 1222/2008 of 1 December 2008 amending Regulation (EC) No 40/2008, as regards management measures adopted in the Indian Ocean Tuna Commission
Date: 2008-12-01
Institutions: Council of the European Union
Subjects: EU Member State, EU waters, Indian Ocean, Pacific Ocean, authorised catch, fishery management, fishing area, fishing regulations

10.12.2008

EN

Official Journal of the European Union

L 331/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 1222/2008

of 1 December 2008

amending Regulation (EC) No 40/2008, as regards management measures adopted in the Indian
Ocean Tuna Commission

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

length or more and those of less than 24 m operating
outside the exclusive economic zone fishing for tropical
tuna, and the number of Community vessels fishing for
swordfish and albacore, as well as the corresponding
capacity in gross tonnage and the allocation among the
Member States concerned.

Having regard to Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi­
tation of
the common fisheries
policy (1), and in particular Article 20 thereof,

resources under

fisheries

(4)

Regulation (EC) No 40/2008 should therefore be
amended accordingly,

Having regard to the proposal from the Commission,

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 40/2008 (2) fixes for 2008
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.

At its annual meetings in 2006 and 2007, the Indian
Ocean Tuna Commission (IOTC) adopted a number of
concerning the
management and control measures,
fishing for
limitation of
swordfish and
tropical
albacore; these measures which have been implemented
in Community law by Regulation (EC) No 40/2008.

tunas and those fishing for

fishing capacity of vessels

the historical

the highly
To ensure a sustainable exploitation of
migratory species in the Indian Ocean and taking into
fishing patterns and the active
account
presence of
fishing for highly migratory
species in the IOTC area during the reference years
2006 and 2007,
is appropriate to establish the
number of Community vessels of 24 m in overall

the EC fleet

it

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 19, 23.1.2008, p. 1.

Article 1

Amendments to Regulation (EC) No 40/2008

Articles 72 and 73 of Regulation (EC) No 40/2008 shall be
replaced by the following:

‘Article 72

Limitation of
tropical tunas

fishing capacity of vessels fishing for

1.
The maximum number of Community vessels fishing
for tropical tunas in the IOTC area, and the corresponding
capacity in gross tonnage (GT), shall be as follows:

Member State

Maximum number of vessels

Capacity (GT)

Spain

France

Italy

22

21

1

61 400

31 467

2 137

2.
Notwithstanding paragraph 1, Member States may
change the number of vessels, by gear type, provided that
they can demonstrate to the Commission that this change
does not lead to an increase of fishing effort on the fish
stocks involved.

L 331/2

EN

Official Journal of the European Union

10.12.2008

3. Member States shall ensure that, where there is a
proposed transfer of capacity to their fleet, vessels to be
transferred are entered on the IOTC record of vessels or on
the record of vessels of other Tuna Regional Fisheries
Management Organisations. No vessels on an IUU vessels
list of any Regional Fisheries Management Organisation
may be transferred.

The Community vessels referred to in paragraph 1 shall
4.
also be authorised to fish for swordfish and albacore in the
IOTC area.

In order to take into account the implementation of the
5.
development plans submitted to the IOTC, the limitations of
fishing capacity, as mentioned in this Article, may be
increased within the limits set out
in those development
plans.

Article 73

Limitation of
swordfish or albacore

fishing capacity of vessels fishing for

1.
The maximum number of Community vessels fishing
for swordfish and albacore in the IOTC area, and the corre­
sponding capacity in GT, shall be as follows:

Member State

Maximum number of vessels

Capacity (GT)

Spain

France

Portugal

United Kingdom

27

25

26

4

11 600

1 940

10 100

1 400

Notwithstanding paragraph 1, Member States may
2.
change the number of vessels, by gear type, provided that
they can demonstrate to the Commission that this change
does not lead to an increase of fishing effort on the fish
stocks involved.

3. Member States shall ensure that, where there is a
proposed transfer of capacity to their fleet, vessels to be
transferred are on the IOTC record of vessels or on the
record of vessels of other Tuna Regional Fisheries Organis­
ations. No vessels on an IUU vessels list of any Regional
Fisheries Management Organisation may be transferred.

The Community vessels referred to in paragraph 1 shall
4.
also be authorised to fish for tropical tuna in the IOTC area.

5.
In order to take into account the implementation of the
development plans submitted to the IOTC, the limitations of
fishing capacity, as mentioned in this Article, may be
increased within the limits set out
in those development
plans.’.

Article 2

Entry into force

This Regulation shall enter into force on the third day following
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, 1 December 2008.

For the Council
The President

H. NOVELLI