Commission Regulation (EC) No 148/2009 of 20 February 2009 repealing 11 obsolete Regulations in the field of the common fisheries policy
Date: 2009-02-20
Institutions: European Commission
Subjects: Community acquis, EU law, amendment of a law, common fisheries policy, repeal

L 50/10

EN

Official Journal of the European Union

21.2.2009

COMMISSION REGULATION (EC) No 148/2009

of 20 February 2009

repealing 11 obsolete Regulations in the field of the common fisheries policy

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Act of Accession of Spain and Portugal,
and in particular Article 175 thereof,

Having regard to Council Regulation (EEC) No 3117/85 of
4 November 1985 laying down general rules on the granting
of compensatory indemnities in respect of sardines (1), and in
particular Article 4 thereof,

Having regard to Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing a control system applicable to
the common fisheries policy (2), and in particular Article 3(4)
and Article 21(3) and (4) thereof,

Having regard to Council Regulation (EC) No 2406/96 of
26 November 1996 laying
down common marketing
standards for certain fishery products (3), and in particular
article 2(3) thereof,

Having regard to Council Regulation (EC) No 104/2000 of
17 December 1999 on the common organisation of
the
markets in fishery and aquaculture products (4), and in particular
Articles 25, 27(6) and 37 thereof,

Whereas:

(1)

(2)

Improving the transparency of Community law is an
essential element of the better lawmaking strategy that
Community
In that
are
context it is appropriate to remove from active legislation
those acts which no longer have real effect.

implementing.

institutions

The following Regulations
relating to the common
fisheries policy have become obsolete, even though
formally they are still in force:

— Commission Regulation (EEC) No 3459/85 of
6 December 1985 laying down detailed rules for
for
the granting of
Atlantic sardines (5). That Regulation has exhausted
its effects since in the basic legislation changes have
been made, which are incompatible with the appli­
cation of that act,

compensatory allowance

a

— Commission Regulation

(EEC) No 254/86 of
4 February 1986 laying down detailed rules for the
progressive abolition of the quantitative restrictions
applicable in the Member States other than Spain
and Portugal for preserved sardines and tuna originat­
ing in Spain (6). That Regulation has exhausted its
effects since it covered a transitional period which
has lapsed,

— Commission Regulation (EEC) No 3599/90 of
13 December 1990 remedying the prejudice caused
by the halting of fishing for common sole by vessels
flying the flag of a Member State in 1989 (7). That
Regulation has exhausted its effects since it covered
year 1989 only,

— Commission Regulation (EEC) No 3863/91 of
16 December 1991 determining
a minimum
marketing size for crabs applicable in certain coastal
areas of the United Kingdom (8). That Regulation has
exhausted its effects since in the basic legislation
changes have been made, which are incompatible
with the application of that act,

— Commission Regulation (EC) No 897/94 of 22 April
1994 laying down detailed rules for the application
of Council Regulation (EEC) No 2847/93 as regards
pilot projects relating to continuous position moni­
toring of Community fishing vessels (9). That Regu­
lation has exhausted its effects since in the basic
legislation changes have been made, which are
incompatible with the application of that act,

— Commission Regulation (EC) No 1419/96 of 22 July
1996 fixing the amount of the private storage aid for
the squid Loligo patagonica (10). That Regulation has
exhausted its effects since in the basic legislation
changes have been made, which are incompatible
with the application of that act,

— Commission Regulation (EC) No 2378/1999 of
9 November 1999 amending Regulation (EC) No
1282/1999 providing for the granting of compen­
sation to producers' organisations in respect of tuna
delivered to the processing industry from 1 October
to 31 December 1998 (11). That Regulation has
exhausted its effects since it covered year 1998 only,

(1) OJ L 297, 9.11.1985, p. 1.
(2) OJ L 261, 20.10.1993, p. 1.
(3) OJ L 334, 23.12.1996, p. 1.
(4) OJ L 17, 21.1.2000, p. 22.
(5) OJ L 332, 10.12.1985, p. 16.

(6) OJ L 31, 6.2.1986, p. 13.
(7) OJ L 350, 14.12.1990, p. 50.
(8) OJ L 363, 31.12.1991, p. 1.
(9) OJ L 104, 23.4.1994, p. 18.
(10) OJ L 182, 23.7.1996, p. 11.
(11) OJ L 287, 10.11.1999, p. 12.

21.2.2009

EN

Official Journal of the European Union

L 50/11

— Commission Regulation (EC) No 1103/2000 of
25 May 2000 providing for the granting of compen­
sation to producers' organisations in respect of tuna
delivered to the processing industry from 1 July to
has
30
exhausted its effects since it covered year 1999 only,

That Regulation

September

1999 (1).

— Commission Regulation (EC) No 1702/2000 of
31 July 2000 prohibiting fishing for cod by vessels
flying the flag of Spain (2). That Regulation has
exhausted its effects since it applied to quota allo­
cations for the year 2000,

— Commission Regulation (EC) No 585/2001 of
26 March 2001 providing for compensation to
tuna delivered to the
for
producer organisations
processing
and
between
31 March 2000 (3). That Regulation has exhausted
its effects since it covered year 2000 only,

industry

January

1

— Commission Regulation (EC) No 2496/2001 of
19 December 2001 providing for compensation to
tuna delivered to the
for
producer organisations
processing
and
between
31 March 2001 (4). That Regulation has exhausted
its effects since it covered year 2001 only.

industry

January

1

(3)

(4)

For reasons of legal security and clarity, the Regulations
referred to in recital 2 should be repealed.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

Regulations to be repealed

(EEC) No 3863/91,

Regulations: (EEC) No 3459/85, (EEC) No 254/86, (EEC) No
3599/90,
(EC) No
1419/96, (EC) No 2378/1999, (EC) No 1103/2000, (EC) No
1702/2000, (EC) No 585/2001 and (EC) No 2496/2001 are
repealed.

(EC) No 897/94,

Article 2

Entry into force

This Regulation shall enter into force on the seventh 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, 20 February 2009.

For the Commission

Joe BORG
Member of the Commission

(1) OJ L 125, 26.5.2000, p. 18.
(2) OJ L 195, 1.8.2000, p. 21.
(3) OJ L 86, 27.3.2001, p. 8.
(4) OJ L 337, 20.12.2001, p. 25.