Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011
Date: 2010-09-23
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishery resources, fishing area, fishing regulations, protection of animal life

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EUROPEAN COMMISSION 

Brussels, 23.9.2010 
COM(2010) 488 final 

2010/0255 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1288/2009 establishing transitional technical 
measures from 1 January 2010 to 30 June 2011  

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EXPLANATORY MEMORANDUM 

On 4 June 2008, the Commission made a proposal for a Council Regulation concerning the 
conservation of fisheries resources through technical measures1. Such proposal was intended 
to  replace  Council  Regulation  (EC)  No  850/98  for  the  conservation  of  fishery  resources 
through  technical  measures  for  the  protection  of  juveniles  of  marine  organisms2  and  certain 
transitional  technical  measures  as  laid  down  in  Annex  III  to  Council  Regulation  (EC)  No 
43/20093 establishing for 2009 the fishing opportunities and associated conditions for certain 
fish stocks and groups of fish stocks. 

The  proposed  Council  Regulation  was  not  adopted  before  the  date  on  which  the  measures 
provided  for  in  Annex  III  to  Regulation  (EC)  No  43/2009  ceased  to  apply.  For  reasons  of 
legal certainty and to maintain the proper conservation and management of marine resources, 
Council  Regulation  (EC)  No  1288/2009  establishing  transitional  technical  measures  from  1 
January  2010  to  30  June  20114  was  adopted,  providing  for  the  continuation  of  temporary 
technical measures catered for in Annex III to Regulation (EC) No 43/2009 for a transitional 
period of 18 months.  

In view of the new requirements of the Lisbon Treaty, the Commission withdrew in 2010 the 
proposal for a Council Regulation concerning the conservation of fisheries resources through 
technical measures. Basic principles on technical measures would be considered by the new 
basic  regulation  for  the  ongoing  reform  of  the  common  fisheries  policy,  for  which  the 
proposal is foreseen to be presented during the third quarter of 2011. 

Regulation (EC) No 1288/2009 will expire on 30 June 2011. Given the fact that there is no 
current legal act that could provide for permanent technical measures, and as to ensure legal 
certainty and the conservation of marine resources, it is appropriate to extend the validity of 
the aforementioned regulation for another 18 months, until 1 January 2013. 

The proposal has no financial implications for the budget of the European Union.

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COM(2008) 324 final 
OJ L 125, 27.41998, p. 1. 
OJ L 22, 26.1.2009, p. 1. 
OJ L 347, 24.12.2009, p 6. 

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2010/0255 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1288/2009 establishing transitional technical 
measures from 1 January 2010 to 30 June 2011  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) thereof, 

Having regard to the proposal from the European Commission5, 

Having regard to the opinion of the European Economic and Social Committee6 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Council Regulation (EC) No 1288/2009 of 27 November 2009 establishing transitional 
technical  measures  from  1  January  2010  to  30  June  20117  provides  for  the 
continuation  of  temporary  technical  measures  previously  catered  for  in  Annex  III  to 
Regulation  (EC)  No  43/2009,  thereby  allowing  those  measures  to  continue  to  apply 
until  the  time  of  adoption  of  permanent  measures  on  the  basis  of  the  Commission 
proposal of 4 June 2008 for a new Regulation concerning the conservation of fisheries 
resources through technical measures8. 

In  view  of  the  upcoming  reform  of  the  Common  Fisheries  Policy  (CFP)  and  the 
relevance  of  this  reform  for  the  content  and  scope  of  new  permanent  technical 
measures, it is appropriate to delay the adoption of those measures until a decision has 
been taken by the European Parliament and the Council on a new Regulation on the 
conservation  and  sustainable  exploitation  of  fisheries  resources  under  the  Common 
Fisheries Policy, replacing Regulation (EC) No 2371/2002 as from 1 January 2013.  

(3) 

In order to maintain the proper conservation and management of marine resources, the 
technical measures currently in force should continue to apply until that date.  

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 ,  , p. . 
 ,  , p. . 
OJ L 347, 24.12.2009, p 6. 
COM(2008) 324 final 

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(4) 

As  a  consequence,  considering  that  the  temporary  technical  measures  laid  down  in 
Regulation  (EC)  No  1288/2009  cease  to  apply  as  from  1  July  2011,  this  Regulation 
should be amended to extend the validity until 1 January 2013,  

HAVE ADOPTED THIS REGULATION: 

Sole Article  

Regulation (EC) 1288/2009 is amended as follows: 

1. 

Article 1 is amended as follows: 

(a) 

In paragraph 1, the words "30 June 2011" are replaced by "1 January 2013". 

(b)  Paragraph 2 is amended as follows: 

(i) 

subparagraph (a) is amended as follows: 

– 

– 

– 

– 

in point (i), the words "point 6.8 second paragraph' are deleted; 

in point (ii), the words "from 1 January 2010 to 30 June 2011" are 
replaced by "from 1 January 2010 to 1 January 2013"; 

in point (iv), the words "30 June 2011" are replaced by "1 January 
2013"; 

in point (v), the second subparagraph is replaced by the following: 

"Member States concerned shall submit to the Commission a preliminary report on 
the  total  amount  of  catches  and  discards  of  vessels  subject  to  the  observer 
programme no later that 30 June of the year in which the programme is carried out. 
The  final  report  for  the  concerned  calendar  year  shall  be  submitted  no  later  that  1 
February of the year following that calendar year."; 

– 

the following point (vi) is added:  

"(vi)  point  6.8  second  paragraph,  is  replaced  by  the  following: 
"Member  States  concerned  shall  submit  the  results  of  the 
trials and experiments no later than 30 September of the year 
in which these are carried out."; 

(ii) 

In subparagraph (e), the words "both in the year 2010 as well as that of 
2011" are deleted; 

(iii) 

in subparagraph (h), the year "2010" is deleted. 

2. 

In Article 2, the words "30 June 2011" are replaced by "1 January 2013". 

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

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

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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