Proposal for a Council Regulation amending Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation
Date: 2009-03-19
Institutions: European Commission
Subjects: Atlantic Ocean, authorised catch, fishery management, fishery resources, fishing controls, sea fish

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.3.2009 
COM(2009) 127 final 

2009/0041 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a 
recovery plan for Greenland halibut in the framework of the Northwest Atlantic 
Fisheries Organisation 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The purpose of Council Regulation (EC) No 2115/2005 of 2 December 2005 is to implement 
in Community law a recovery plan for Greenland halibut adopted by the Northwest Atlantic 
Fisheries Organisation (NAFO). 

This recovery plan is subject to review at regular intervals by NAFO. 

During  its  2007  annual  meeting,  held  in  Lisbon,  Portugal,  NAFO  adopted  a  number  of 
modifications to this rebuilding plan. The following modifications were adopted: 

•  enhanced measures on catch reporting; and 

•  additional control measures to enhance at-sea inspections for vessels entering and 

leaving the NAFO Area. 

These modifications were adopted with the support of the Community following consultations 
with Member States, concerned industry and non-governmental organisations. 

These  measures  have  been  implemented  in  Community  Law  on  a  temporary  basis  through 
Council Regulations (EC) No 40/2008 of 16 January 2008 and Council Regulation (EC) No 
43/2009 of 16 January 2009 fixing for 2008 and 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.  

These modifications are binding and should therefore be implemented in Community law on a 
more long term basis. 

The purpose of this proposal is to introduce the necessary amendments to Council Regulation 
(EC) No 2115/2005. 

The  proposal  falls  under  the  exclusive  competence  of  the  Community.  The  subsidiarity 
principle therefore does not apply. 

The proposal has no implications for the Community budget. 

The legal basis for the proposal is Article 37 of the EC Treaty. 

The Council is hereby requested to adopt this proposal as soon as possible. 

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2009/0041 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a 
recovery plan for Greenland halibut in the framework of the Northwest Atlantic 
Fisheries Organisation 

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 Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No  2115/2005  establishing  a  recovery  plan  for  Greenland 
halibut  in  the  framework  of  the  Northwest  Atlantic  Fisheries  Organisation3 
implements a recovery plan for Greenland halibut adopted by the Northwest Atlantic 
Fisheries Organisation (hereinafter referred to as "NAFO"). 

At  its  29th  Annual  Meeting  held  in  September  2007,  NAFO  adopted  a  number  of 
amendments to this recovery plan. Those amendments relate to enhanced measures for 
catch reporting and additional control measures designed to enhance at-sea inspections 
for vessels entering and leaving the NAFO Regulatory Area. 

(3) 

It is therefore necessary to amend Council Regulation (EC) No 2115/2005 in order to 
implement the amendments to the recovery plan. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Council Regulation (EC) No 2115/2005 is amended as follows: 

(1) 

The following Article 5a is inserted: 

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OJ C , , p. . 
OJ C , , p. . 
OJ L 340, 23.12.2005, p. 3 

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"Article 5a 
Entry in the NAFO Regulatory Area 

Fishing  vessels  referred  to  in  Article  5(1)  may  enter  the  NAFO  Regulatory 

1. 
Area to fish for Greenland halibut only if: 

(a) 

(b) 

they have less than 50 tonnes of any catch on board, or  

they comply with the procedure set out in paragraphs 2, 3 and 4. 

2.  Where the fishing vessel has catches from outside the NAFO Regulatory Area 
of 50 tonnes or more on board, it shall communicate to the NAFO Secretariat, by e-
mail or fax at the latest 72 hours prior to entry into the NAFO Regulatory Area: 

–  the amount of catch retained on board,  

–  the position (latitude/longitude) where the master of the vessel estimates that the 

vessel will commence fishing, and  

–  the estimated time of arrival at the position. 

3. 
If an inspection vessel, following the communication referred to in paragraph 
2,  signals  its  intention  to  carry  out  an  inspection,  it  shall  communicate  the 
coordinates of a checkpoint for an inspection to take place to the fishing vessel. The 
checkpoint  shall  be  no  more  than  60  nautical  miles  from  the  position  where  the 
master of the fishing vessel estimates that the vessel will commence fishing. 

The fishing vessel referred to in paragraph 2 may proceed to fish in any of the 

4. 
following cases: 

(a) 

(b) 

(c) 

(d) 

if it receives notification to that effect from the NAFO Secretariat; 

if, after an inspection carried out in accordance with paragraph 3, it is 
informed by the inspection vessel that it may proceed to fish; 

if the inspection vessel has not commenced the inspection within three 
hours  following  the  arrival  of  the  fishing  vessel  at  the  checkpoint 
designated in accordance with paragraph 3; 

if  it  receives  no  communication  from  the  NAFO  Secretariat  or  an 
inspection vessel by the time it enters the NAFO Regulatory Area, that 
an  inspection  vessel  intends  to  carry  out  an  inspection  in  accordance 
with paragraph 3."  

(2) 

Article 6 is amended as follows: 

(a) 

In paragraph 1, point (b) is replaced by the following: 

"(b)  quantities  of  Greenland  halibut  on  a  five-day  basis,  including  zero  catch 
returns. This report shall be transmitted for the first time no later than the end 
of the tenth day following the date of the entry of the vessel into NAFO Sub-
area 2 and Divisions 3KLMNO, 

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(b) 

Paragraphs 2 and 3 are replaced by the following: 

"2.  Member States shall, upon receipt, transmit the reports provided for in paragraph 1 to 
the Commission. The Commission shall promptly forward the report provided for in point (b) 
of paragraph 1 to the NAFO Secretariat. 

3. 
When  catches  of  Greenland  halibut  notified  in  accordance  with  paragraph  2  are 
deemed  to  have  exhausted  75  %  of  the  Member  States’  quota  allocation,  masters  shall 
transmit the reports referred to in point (b) of paragraph 1 on a three-day basis." 

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

Article 2 

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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