Proposal for a Council Regulation amending Regulation (EC) No 43/2009, as regards fishing opportunities and associated conditions for certain fish stocks
Date: 2009-09-23
Institutions: European Commission
Subjects: France, Germany, Spain, authorised catch, fishery resources, fishing regulations, fishing rights, management of resources, protected species, sea fish

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.9.2009 
COM(2009) 506 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 43/2009, as regards fishing opportunities and associated 
conditions for certain fish stocks 

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EXPLANATORY MEMORANDUM 

Council Regulation (EC) No 43/2009 fixes for 2009 the fishing opportunities and associated 
conditions for certain fish stocks and groups of stocks applicable in Community waters and 
for Community vessels, in waters where limitations in catch are required.  

As  a  consequence  of  the  exclusion  of  groups  of  vessels  from  the  application  of  the  effort 
regime  under  Regulation  (EC)  No  1342/2008  established  in  Council  Regulation  (EC)  No 
[..]/2009,  it  is  necessary  to  adjust  the  maximum allowable effort allocated to those Member 
States in Annex IIa of Regulation (EC) No 43/2009. 

The present proposal intends to introduce the necessary amendments to Regulation (EC) No 
43/2009.  

The  Council  is  requested  to  adopt  this  proposal  as  soon  as  possible  in  order  to  allow 
fishermen to plan their activities for this fishing season. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 43/2009, as regards fishing opportunities and associated 
conditions for certain fish stocks 

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 
Policy1, and in particular Article 20 thereof, 

Having regard to Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a 
long-term  plan  for  cod  stocks  and  the  fisheries  exploiting  those  stocks2,  and  in  particular 
Article 12 thereof,  

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No  43/2009  of  16 January  20093  fixes  for  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. 

Annex IIa to Regulation (EC) No 43/2009 lays down the rules for the management of 
fishing  effort in the context  of  the  long-term plan for the management of  cod  stocks 
established  in  Regulation  (EC)  No  1342/2008  and  in  particular  establishes,  in 
Appendix  1  to  that  Annex,  the  maximum  allowable  effort  in  kilowatt  days  for  each 
Member  State  to  be  deployed  in  the  concerned  areas  and  with  the  concerned  gear 
groupings.  Having  regard  to  Council  Regulation  (EC)  No  754/2009  of  27 July  2009 
excluding  certain  groups  of  vessels  from  the  fishing  effort  regime  laid  down  in 
Chapter  III  of  Regulation  (EC)  No  1342/20084  as  amended  by  Regulation  (EC)  No 
[..]/20095,  it  is  necessary  to  adjust  the  maximum  allowable  effort  as  laid  down  in 
Appendix 1 of Annex IIA to Regulation (EC) No 43/2009, by deducting for Germany 
from  effort  group  TR1  169  179  kilowatt  days  in  area  b)  and  9  295  kilowatt  days  in 

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OJ L 358, 31,12,2002, p. 59.  
OJ L 348, 24.12.2008, p. 20. 
OJ L 22, 26.1.2009, p.1. 
OJ L 214, 19.8.2009, p. 16.  
OJ L [..], [..].[..].2009, p. [..].  

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area d), and for France in area d) 1 569 719 kilowatt days from effort group TR1 and 
96  903  kilowatt  days  from  effort  group  GN1  and  for  Spain  in  area  d)  1  402  142 
kilowatt  days  from  effort  group  LL.  In  view  of  the  retroactive  application  of 
Regulation (EC) No [..]/2009 from 1 February 2009, these adjustments should apply 
from that same date. 

(3) 

Regulation (EC) No 43/2009 should therefore be amended accordingly. 

(4) 

In  order  to  ensure  certainty  for  the  fishermen  concerned  and  to  allow  them  to  plan 
their activities for this fishing season as soon as possible, it is imperative to grant an 
exception to the six-week period referred to in Title I, Article 3 of the Protocol on the 
role  of  national  Parliaments  in  the  European  Union  annexed  to  the  Treaty  on  the 
European Union and to the Treaties establishing the European Communities,  

HAS ADOPTED THIS REGULATION: 

Article 1 
Amendments to Regulation (EC) No 43/2009 

Appendix 1 to Annex IIA to Regulation (EC) No 43/2009 is amended as follows: 

1) 

In table b), the column concerning Germany is replaced by the following: 

DE 

2 057 354
600 089
3 501
29 822
1 893 044
227 773
516
0

2) 

In table d): 

a) 

the column concerning Germany is replaced by the following:  

DE 

15780
0
0
0
0
35531
0
0

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b) 

the column concerning France is replaced by the following: 

FR 

1 128 383
5 881
0
506
11 692
0
0
54 917

c) 

the column concerning Spain is replaced by the following: 

ES 

0
0
0
0
0
13 836
0
0

Article 2 

Entry into force 

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

It shall apply from 1 February 2009. 

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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