Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain technical and control measures in the Skagerrak and amending Regulation (EC) No 850/98 and Regulation (EC) No 1342/2008
Date: 2012-08-29
Institutions: European Commission
Subjects: North Sea, Norway, catch quota, fishing area, fishing controls, fishing rights, sea fish

EUROPEAN COMMISSION 

Brussels, 29.8.2012  
COM(2012) 471 final 

2012/0232 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on certain technical and control measures in the Skagerrak and amending Regulation 
(EC) No 850/98 and Regulation (EC) No 1342/2008 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

General context  
During the fisheries consultations in 2010 between EU and Norway1 it was agreed to set up a 
Working  Group  to  improve  the  control  and  enforcement  measures  in  the  fisheries  in  the 
Skagerrak,  and  to  recommend  ways  to  harmonise  EU  and  Norwegian  technical  and  control 
measures  regulations  in  the  area  outside  4  nautical  miles  from  the  baselines.  This  Working 
Group  on  Technical  Measures  and  Control  in  Skagerrak  met  during  2011  and  reported  in 
October 2011. The Working Group’s recommendations were included in the Agreed Record 
by the EU and Norway in Bergen of 2 December 2011. 

Existing EU provisions in the area of the proposal 

Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy2.  

Council  Regulation  (EC)  No  850/98  of  30  March  1998  for  the  conservation  of  fishery 
resources through technical measures for the protection of juveniles of marine organisms3.  

Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan 
for  cod  stocks  and  the  fisheries  exploiting  those  stocks  and  repealing  Regulation  (EC)  No 
423/20044.  

Council  Regulation  (EC)  No  1005/2008  of  29 September  2008  establishing  a  Community 
system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending 
Regulations  (EEC)  No 2847/93,  (EC)  No 1936/2001  and  (EC)  No 601/2004  and  repealing 
Regulations (EC) No 1093/94 and (EC) No 1447/19995.  

Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for 
fishing activities of Community fishing vessels outside Community waters and the access of 
third  country  vessels  to  Community  waters,  amending  Regulations  (EEC)  No 2847/93  and 
(EC) No 1627/94 and repealing Regulation (EC) No 3317/946 and its Implementing rules of 
Commission Regulation (EU) No 201/2010 of 10 March 2010 laying down detailed rules for 
the implementation of Council Regulation (EC) No 1006/2008 concerning authorisations for 
fishing activities of Community fishing vessels outside Community waters and the access of 
third country vessels to Community waters7. 
Council Regulation (EC) 1224/2009 establishing an EU control system for fisheries8 sets the 
general control requirement for fisheries but also specific requirements for multiannual plans 
and  its  Implementing  rules  in  Commission  Implementing  Regulation  (EU)  No 404/2011  of 
8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) 
No 1224/2009  establishing  a  Community  control  system  for  ensuring  compliance  with  the 
rules of the Common Fisheries Policy9. 

1 

2 
3 
4 
5 
6 
7 
8 
9 

Agreed  Record  of  Conclusions  of  Fisheries  Consultations  between  the  EU  and  Norway  on  the 
Regulation of Fisheries in Skagerrak and Kattegat for 2011 signed in Bergen on 4 December 2010  
OJ L 358, 31.12.2002, p.59.  
OJ L 125, 27.4.1998, p.1. 
OJ L 348, 24.12.2008, p.20. 
OJ L 286, 29.10.2008, p.1. 
OJ L 286, 29.10.2008, p.33. 
OJ L 61, 11.3.2010, p.1. 
OJ L 343, 22.12.2009, p.1. 
OJ L 112, 30.4.2011, p.1. 

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Council  Regulation  (EC)  No  847/96  of  6  May  1996  introducing  additional  conditions  for 
year-to-year management of TACs and quotas10.  

CFP reform  

At  present  a  Commission  Proposal  for  a  Regulation  of  the  European  Parliament  and  the 
Council on the Common Fisheries Policy11 is being discussed, including the implementation 
of an obligation to land all catches across EU fisheries. The Skagerrak is a small geographical 
area  with  a  limited  number  of  Member  States  concerned.  Accordingly,  the  provisions  laid 
down in the present proposal are specific to the Skagerrak and the fisheries therein and hence 
do  not  form  any  precedent  for  the  debate  on  the  reform  of  the  CFP.  Nevertheless,  the 
experiences in the Skagerrak can provide valuable feedback for the general discussion on the 
implementation of a general obligation to land all catches in EU fisheries.  

Consistency with the other policies and objectives of the Union 

The proposal and its objectives are consistent with the European Union's policies, especially 
environmental, social, market and trade policies. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultation with interested parties  

The  Working  Group  established  in  the  context  of  the  EU-Norway  negotiations  described  in 
Point 1 was mandated to review the current technical and control measures in the area and, 
where  appropriate,  recommend,  to  the  largest  degree  possible,  harmonised  technical  and 
control measures for  the  Skagerrak.  The  Working  Group  consisted of technical,  control and 
scientific experts as well as fishermen's representatives, including the owners of small vessels. 
The  Working  Group  held  several  meetings  in  2011  and  reported  it  findings  and 
recommendations in October 2011.  

In  April  2012  the  recommendations  were  included  in  the  agreed  record  signed  by  EU  and 
Norway.  

Against this background and in order to follow the objective of the CFP to ensure sustainable 
use  of  living  aquatic  resources  and  to  eradicate  discarding  as  unsustainable  practice  it  is 
desirable to enact the recommendations listed in the Agreed Records in Union legislation.  

Impact assessment  

The rules to be adopted will be applicable only in the Skagerrak, and are in the context of an 
EU-Norway  international  agreement.  This  agreement  identified  the  common  technical 
measures  and  control  measures  included  in  the  proposal,  as  well  as  the  list  of  species  to  be 
covered  by  the  obligation  to  land  and  the  time  schedule  for  its  progressive  implementation. 
Moreover,  the  EU-Norway  agreement  was  based  on  the  recommendations  made  by  the 
technical Working Group, with stakeholder participation, that examined in detail the various 
options available in order to allow the continuation of the traditional fisheries in the Skagerrak 
following  the  expiry  of  the  Skagerrak  neighbourhood  agreement.  This  Working  Group  is 
deemed to represent a sufficient alternative to the impact assessment. Furthermore, the issue 
of the obligation to land all catches was thoroughly presented in the impact assessment that 
was prepared along with the reform proposal12. 

10 
11 
12 

OJ L 115, 9.5.1996, p.3. 
COM(2011) 425 final of 13.7.2011 
http://ec.europa.eu/fisheries/reform/index_en.htm 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis  

Article 43(2) of the Treaty on the Functioning of the European Union.  

Subsidiarity principle  

Provisions of the proposal relate to the conservation of marine biological resources, measures 
that fall under the exclusive competence of the Union. Consequently the subsidiarity principle 
does not apply.  

Proportionality principle  

The proposed measures comply with the proportionality principle as no other less restrictive 
measures are available to obtain the desired policy objectives. 

Choice of instrument 

Proposed instrument: Regulation of the European Parliament and of the Council.  

4. 

BUDGETARY IMPLICATION  

No budgetary implications.  

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2012/0232 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on certain technical and control measures in the Skagerrak and amending Regulation 
(EC) No 850/98 and Regulation (EC) No 1342/2008 

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 Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee13,  
Having regard to the opinion of the Committee of the Regions14,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

As result of the Fisheries Consultations for 2012 held on 2 December 2011 between 
the  Union  and  Norway  certain  technical  and  control  measures  applicable  to  the 
Skagerrak should be amended with the view to improving the exploitation patterns and 
where possible to align Union and Norwegian regulations.  

During  the  Fisheries  Consultations  between  the  Union  and  Norway  of  28  June  2012 
common technical and control measures were specified to be applied in the Skagerrak, 
the list of species to be covered by an obligation to land all catches and the timetable 
by which these species should be progressively included in the obligation to land.  

Changes to the technical measures in place in the Skagerrak are needed to reduce the 
level  of  unwanted  catches  and  discards  as  they  negatively  affect  the  sustainable 
exploitation of marine biological resources.  

An  obligation  to  land  all  catches  of  stocks  subject  to  catch  limits  needs  to  be 
established,  except  for  species  or  fisheries  where  there  is  scientific  evidence  of  high 
survival rates of discarded fish or where the burden to fishermen of having to extract 
the unwanted species from the catch for separate treatment is unreasonably high. [Art. 
3] 

The system of landing all catches requires substantial changes to the present fisheries 
and  the  management  of  the  fisheries  concerned.  Therefore,  the  obligation  to  land 
should be introduced progressively. [Art. 4] 

For  the  protection  of  juvenile  fish,  the  functioning  of  the  fisheries  market  and  to 
ensure  that  no  unjust  profit  can  be  gained  from  catching  fish  under  a  minimum 
conservation  reference  size,  the  handling  of  such  catches  should  be  limited  to  fish 

13 
14 

OJ C , , p. . 
OJ C , , p. . 

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(7) 

(8) 

(9) 

meal, pet food or other non-human consumption products, or for charitable purposes. 
[Art. 5]  

In order to progressively eliminate discards the selectivity of the fishing gears should 
be improved by increasing the general minimum mesh size requirement for demersal 
fisheries  but  with  derogations  to  allow  the  use  of  gears,  including  selection  devices 
having the same selectivity in these fisheries. [Art. 6]  

For  the  best  possible  effect  and  proper  monitoring  and  control  of  the  new  technical 
measures  to  be  set  out,  it  is  necessary  to  restrict  the  use  of  fishing  gears  in  the 
Skagerrak. [Art. 7] 

In  order  to  address  the  conflict  of  applicable  legislation  in  the  Skagerrak  and  its 
neighbouring areas and to ensure that the rules establishing the technical measures in 
the Skagerrak are complied with, it is also necessary to establish certain measures to 
govern  issues  when  on  a  given  fishing  trip  fishing  vessels  combine  their  fishing 
activities  in  the  Skagerrak  with  fishing  in  areas  where  the  new  technical  measures 
adopted for the Skagerrak are not to be applied. [Art. 8] 

(10)  With a view to ensuring compliance with the measures laid down in this Regulation, 
specific  control  measures  should  be  adopted  in  addition  to  those  provided  for  in 
Council  Regulation  (EC)  No  1224/2009  of  20 November  2009  establishing  a 
Community  control  system  for  ensuring  compliance  with  the  rules  of  the  common 
fisheries policy15.[Art. 9] 

(11)  Recognising  that  the  Skagerrak  is  a  rather  small  fishing  area  where  mainly  smaller 
vessels  carry  out  short  fishing  trips,  the  use  of  prior  notification  as  requested  by 
Article 17 of Regulation (EC) 1224/2009 should be extended to cover all vessels with 
an overall length of 10 m or more and the prior notifications should be submitted two 
hours in advance to adapt to the fisheries.[Art. 10] 

(12)  For the proper monitoring of fishing activities with special regard to verifying that the 
obligation to land all catches of stocks subject to catch limitations is complied with at 
sea,  it  is  necessary  to  operate  a  Remote  Electronic  Monitoring  (REM)  system  on 
vessels operating in the Skagerrak. [Art. 11] 

(13)  To  ensure  that  the  new  technical  measures  are  complied  with,  Member  States 
concerned  should  define  a  control  and  inspection  measures  for  the  Skagerrak  and 
incorporate  this  measures  into  their  respective  national  control  action  programmes. 
[Art. 12] 

(14) 

It  is  required  to  provide  rules  for  vessels  transiting  the  Skagerrak  in  order  to  ensure 
that the new technical measures are respected. [Art. 13] 

(15)  Provisions  should  be  made  for  the  periodical  assessment  by  the  Commission  of  the 
adequacy  and  effectiveness  of  the  technical  measures.  It  is  appropriate  that  such 
assessment is based on reports of the Member States concerned. [Art. 14 and 15] 

(16) 

In order to facilitate more selective fishing under an obligation to land all catches, it is 
appropriate to exempt the vessels operating in the Skagerrak from the effort regime set 
out  in  Chapter  III  of  Regulation  (EC)  No  1342/2008  of  18 December  2008 
establishing a long-term plan for cod stocks and the fisheries exploiting those stocks 
and repealing Regulation (EC) No 423/2004 16.[Art. 20] 

15 
16 

OJ L 343, 22.12.2009, p. 1. 
OJ L 348, 24.12.2008, p. 20. 

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(17) 

(18) 

It is required to provide a level of flexibility for fishermen to adapt to the new regime 
in  the  Skagerrak.  Accordingly,  the  permitted  flexibility  in  the  year-to  year  quota 
uptake  established  in  Regulation  (EC)  No  847/96  of  6  May  1996  introducing 
additional conditions for year-to-year management of TACs and quotas  17 should not 
be deemed as overfishing. [Art. 20] 

In order to adapt to the technical and scientific progress in a timely and proportionate 
fashion and to ensure flexibility and allow evolution of certain measures, the power to 
adopt  acts  in  accordance  with  Article  290  of  the  Treaty  should  be  delegated  to  the 
Commission  in  respect  of  amending  Annex  I  as  regards  the  timeline  and  the  stocks 
subject  to  the  obligation  to  land  all  catches  and  in  respect  of  amending  Annex  II  as 
regards minimum conservation reference size.  

(19)  The  Commission,  when  preparing  and  drawing  up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and to the Council. 

(20) 

In  order  to  ensure  uniform  conditions  and  timely  response  to  the  reality  of  fisheries 
and available scientific information, implementing powers should be conferred on the 
Commission  for  the  implementation  of  the  provisions  of  technical  nature  on  the 
determination of selectivity level of gears and the minimum requirements of the REM. 
Those powers should be exercised in accordance with Regulation (EU) No 182/2011 
of the European Parliament and of the Council of 16 February 2011 laying down the 
rules and general principles concerning mechanisms for control by the Member States 
of the Commission's exercise of implementing powers18. 

(21)  The  prohibition  of  retention  on  board  of  certain  species  at  certain  times  in  the 
Skagerrak  and  the  scope  of  this  Regulation  make  necessary  certain  amendments  to 
Regulation (EC) No 850/98 and Regulation (EC) No 1342/2008. 

(22)  Regulation (EC) No 850/98 and Regulation (EC) No 1342/2008 should, therefore, be 

amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 

GENERAL PROVISIONS  

Article 1 

Subject matter and scope 

1. This Regulation establishes new technical and control measures in the Skagerrak. 

2. This Regulation shall apply to all fishing vessels operating in the Skagerrak.  

Article 2 

Definitions  

For  the  purposes  of  the  Regulation  in  addition  to  the  definitions  laid  down  in  Article  3  of 
Regulation  850/98  and  in  Article  3  of  Regulation  2371/2002  the  following  definitions  shall 
apply: 

17 
18 

OJ L 115, 9.5.1996, p.3. 
OJ L 55, 28.2.2011, p. 13. 

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(a) Pots and creels mean small traps designed to catch crustaceans or fish in the form of cages 
or  baskets  made  with  various  materials  that  are  set  on  the  seabed  either  singly  or  in  rows; 
connected  by  ropes  (buoy-lines)  to  buoys  on  the  surface  showing  their  position  and  having 
one or more openings or entrances;  

(b) Minimum conservation reference size means the size for a given species below which the 
sale  of  catches  shall  be  restricted  to  reduction  to  fish  meal,  pet  food  or  other  non-human 
consumption products only; 

(c)  Mesh  size  of  any  trawl,  Danish  seine  or  similar  towed  net  mean  the  mesh  size  of  any 
codend or extension piece found on board a fishing vessel; 

(d) codend means a codend sensu stricto;  

(e) extension piece means a lengthening piece as defined in the Annex to Regulation (EEC) 
No 3440/8419; 

(f) Demersal trawl means gear which is actively towed by one or more fishing vessels across 
the seabed and consisting of a net having a cone- or pyramid-shaped body (as trawl body) 
closed at the back by a codend which is horizontally opened by otter boards in contact with 
the bottom or in the case of two vessels by the distance between the vessels;  

(g)  Danish  seine  means  encircling  and  towed  gear,  operated  from  one  or  more  vessels  by 
means of two long ropes  (seine ropes) designed  to herd the fish towards the opening of the 
seine.  The  gear  made  up  of  net,  which  is  similar  to  a  bottom  trawl  in  design  and  size, 
comprises two long wings, a body and a codend.  

(h) Beam trawl means gear with a trawl net open horizontally by a steel or wooden tube, the 
beam,  and  netting  with  ground  chains,  chain  mats  or  tickler  chains,  actively  towed  on  the 
bottom by the vessel engine. 

(i) Pelagic trawl means gear which is towed by one or more fishing vessels in midwater and 
consisting of a net with large meshes in the front section which herd the catch towards the net 
aft sections which are constructed in small mesh, for which the fishing depth is controlled by 
means  of  a  net  sounder  and  the  horizontal  opening  is  controlled  by  otter  boards  which 
normally do not touch the seabed. 

(j) Pelagic and industrial species means herring, mackerel, sprat, blue whiting, Norway pout, 
sandeel or horse mackerel. 

CHAPTER II 

TECHNICAL CONSERVATION MEASURES 

Article 3 

Obligation to land all catches 

1. By way of derogation from Article 19(1) of Regulation 850/98 all catches of the fish stocks 
listed  in  Annex  I  shall  be  brought  and  retained  on  board  the  fishing  vessels  and  landed  in 
accordance with the timeline set out in that Annex, except if the discarded fish of such stocks 
have high survival rate or where the burden to fishermen of having to extract the unwanted 
species from the catch for separate treatment is unreasonably high. 

19 

OJ L 318, 7.12.1984, p. 23. 

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2. Notwithstanding paragraph 1, and by way of derogation from Article 19(1) of Regulation 
850/98 when fishing with gears having a mesh size equal to or less than 32 mm all catches of 
stocks, including stocks to which the obligation to land does not apply, shall be brought and 
retained on board the fishing vessels and landed. 

3. Paragraph 1 shall not apply to fishing with pots or creels.  

4.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  to  amend  Annex  I  on  the 
basis  of  advances  in  scientific  information  or  where  the  burden  to  fishermen  proves  to  be 
disproportionate  to  the  benefits.  Those  delegated  acts  shall  be  adopted  in  accordance  with 
Article 16.  

Article 4 

Special conditions for quota management  

1.  All  catches  of  stocks  referred  to  in  Article  3  made  by  Union  fishing  vessels  shall  be 
counted  against  the  quotas  applicable  to  the  flag  Member  State  for  the  stock  or  group  of 
stocks in question, irrespective of the place of landing.  

2.  Member  States  shall  ensure  that  quota  is  available  for  fishing  vessels  operating  in  the 
Skagerrak for any stocks subject to the obligation to land what they may catch, taking account 
of the likely catch composition of the vessels.  

3. Member States shall ensure that fishing vessels flying their flag retaining on board fish for 
which the Member State has no quota shall return to port. 

Article 5 

Handling of juvenile fish  

1. Where a minimum conservation reference size is set for a stock subject to Article 3, the sale 
of catches of that stock below the minimum conservation reference size shall be restricted for 
reduction  to  fish  meal,  pet  food  or  other  non-human  consumption  products  only,  or  for 
charitable purposes.  

2. The minimum conservation reference sizes for stocks in the Skagerrak are listed in Annex 
II. 

3.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  to  amend  Annex  II  on  the 
basis  of  advances  of  scientific  information.  Those  delegated  acts  shall  be  adopted  in 
accordance with Article 16.  

Article 6 

Specifications of fishing gears  

1. The carrying on board or the use of any demersal trawl, Danish seine, beam trawl or similar 
towed net having a mesh size of less than 120 mm is prohibited. 

2. By way of derogation from paragraph 1: 

(a)  Gears  having  the  same  selectivity  characteristics  as  the  ones  set  out  in 
paragraph  1  confirmed  by  experimental  fishing  trips  or  assessment  from  the 
Scientific, Technical and Economic Committee for Fisheries (STECF) may be 
used. 

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(b)  Trawls with minimum mesh sizes of less than 32 mm may be used provided the 
catch  on  board  contains  more  than  50  % of  one  or  more  pelagic  or  industrial 
species. 

3. The Commission shall be empowered to adopt implementing acts to decide on the gears, 
including  the  selection  devices  attached  to  those  gears,  which  may  be  used  as  having  the 
characteristics of equivalent selectivity to the gears set out in paragraph 1.  

Those implementing acts shall be adopted in accordance with Article 17. 

Article 7 

Restrictions on the use of gear  

1. Fishing vessels operating in the Skagerrak shall only use one fishing gear during any given 
fishing trip.  

2.  By  way  of  derogation  from  paragraph  1,  fishing  vessels  may  use  any  combination  of 
fishing gears specified in Article 6(1) and Article 6(2)(a).  

3. Vessels referred to in paragraphs 1 may retain on board more than one gear provided that 
they  shall  stow  the  unused  nets  in  accordance  with  Article  47  of  Regulation  (EC)  No 
1224/2009.  

Article 8 

Fishing trips carried out in Skagerrak and other areas 

1. By way of derogation from Articles 4, 15, 19(1), 35, 36, 37 of Regulation (EC) No 850/98 
this Chapter shall also apply to areas other than the Skagerrak for the whole fishing trip of a 
vessel. 

2. Paragraph 1 shall apply to other areas only where that vessel fishes in the Skagerrak and in 
the other area any time during the same fishing trip. 

CHAPTER III 

CONTROL MEASURES 

Article 9 

Relationship with other Regulations  

The control measures provided for in this Chapter shall apply in addition to those provided for 
in Regulation (EC) No 1005/2008, Regulation (EC) No 1006/2008 and Regulation (EC) No 
1224/2009 and save where otherwise provided for in the Articles of this Chapter. 

Article 10 

Prior notification  

1. By way of derogation from Article 17 of Regulation (EC) No 1224/2009, masters of Union 
fishing  vessels  retaining  on  board  fish  stocks  subject  to  Article  3  of  this  Regulation  shall 
notify the competent authorities of their flag Member State of the information listed in Article 
17(1) of Regulation (EC) No 1224/2009 two hours before entering into port. 

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2.  By  way  of  derogation  from  Article  1  of  Commission  Regulation  (EC)  No  1010/200920, 
masters of third country fishing vessels retaining on board fish stocks subject to Article 3 of 
this  Regulation  shall  notify  the  competent  authorities  of  the  Member  State  whose  port  they 
wish  to  use  of  the  information  listed  in  Article  6(1)  of  Regulation  (EC)  No  1005/2008  two 
hours before entering into port. 

Article 11 

Remote Electronic Monitoring 

1. Member States shall operate a Remote Electronic Monitoring (REM) system for monitoring 
of fishing activities of the fishing vessels flying their flag and operating in the Skagerrak.  

2. A fishing vessel of 12 metres’ length overall or more shall have installed on board a fully 
functioning  REM  system  that  consists  of  a  sufficient  number  of  closed  circuit  TV  (CCTV) 
cameras on board, GPS and sensors to be allowed to leave port.  

3. Paragraph 2 shall be applied in accordance with the following timeline:  

(a) 

(b) 

as from 1 January 2014 to Union fishing vessels of 15 metres’ length overall or more; 

as from 1 July 2015 to Union fishing vessels of 12 metres’ length overall or more.  

4. The Commission shall be empowered to adopt implementing acts on the following aspects 
of  the  REM:  reliability  of  the  system,  system  specifications,  data  to  be  recorded  and 
processed,  monitoring  the  use  of  the  REM,  or  any  other  elements  necessary  for  the 
functionality of the system. 

Those implementing acts shall be adopted in accordance Article 17. 

Article 12 

Control and inspection plan  

1. Member States shall establish a control and inspection measures in accordance with Annex 
III to ensure compliance with the conditions referred to in this Regulation within six months 
from the entry into force of this Regulation.  

2.  The  control  and  inspection  measures  shall  be  included  in  the  national  control  action 
programme as provided for in Article 46 of Regulation (EC) 1224/2009 that is applicable to 
the multiannual plan for cod stocks laid down in Regulation (EC) 1342/200821.  

Article 13 

Transit  

Fishing vessels transiting the Skagerrak with fish retained on board caught in areas other than 
the Skagerrak shall lash and stow the nets in accordance with Article 47 of Regulation (EC) 
No 1224/2009.  

CHAPTER IV 

REVIEW 

20 
21 

OJ L 280, 27.10.2009, p. 5. 
OJ L 348, 24.12.2008, p. 20. 

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Article 14 

Member States reporting  

Member  States  concerned  shall  report  to  the  Commission  on  the  implementation  of  this 
Regulation in the third year after the entry into force of this Regulation and then every third 
year thereafter. 

Article 15 

Evaluation of the plan 

The Commission shall, on the basis of the reports from Member States referred to in Article 
14 and in conjunction with scientific advice, evaluate the impact of the measures on the stocks 
and fisheries concerned in the year following that in which it receives the reports. 

CHAPTER V 

PROCEDURAL PROVISIONS  

Article 16 

Exercise of delegated powers 

1. 

2. 

3. 

4. 

5. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article.  

The powers to adopt delegated acts as referred to in Articles 3(4) and 5(3) shall be 
conferred on the Commission for an indeterminate period of time. 

The delegation of power referred to in Articles 3(4) and 5(3) may be revoked at any 
time  by  the  European  Parliament  or  by  the  Council.  A  decision  of  revocation  shall 
put  an  end  to  the  delegation  of  the  power  specified  in  that  decision.  It  shall  take 
effect the day following the publication of the decision in the Official Journal of the 
European Union or at a later date specified therein. It shall not affect the validity of 
any delegated acts already in force. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

A delegated act adopted pursuant to Articles 3(4) and 5(3) shall enter into force only 
if no objection has been expressed either by the European Parliament or the Council 
within a period of 2 months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the Commission  that  they  will  not  object.  That  period 
shall  be  extended  by  2  months  at  the  initiative  of  the  European Parliament  or  the 
Council. 

Article 17 

Committee procedure 

The  Commission  shall  be  assisted  by  the  Committee  for  Fisheries  and  Aquaculture 
1. 
established  by  Article  30  of  Regulation  (EC)  No  2371/2002.  That  committee  shall  be  a 
committee within the meaning of Regulation (EU) No 182/2011.  

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 

2. 
shall apply. 

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CHAPTER VI 

AMENDMENTS 

Article 18 

Amendments to Regulation (EC) No 850/98  

Regulation (EC) No 850/98 is amended as follows: 

1. The word "Skagerrak" is deleted from Articles 4()a)(ii), 35 and from the heading of Annex 
IV.  

2. Article 38 is deleted.  

3. The heading of Annex X.B is replaced by the following: 

"B.  CONDITIONS  FOR  USE  OF  CERTAIN  COMBINATIONS  OF  MESH  SIZE  IN 
KATTEGAT" 

Article 19 

Amendments to Regulation (EC) No 1342/2008 

Regulation (EC) No 1342/2008 is amended as follows: 

1. In Article 11(1), the following second subparagraph is added: 

"The  fishing  effort  regime  referred  to  in  the  first  subparagraph  shall  not  apply  to  the 
Skagerrak from 1 January 2013."  

2. In Article 12(5), the following second subparagraph is added: 

"Where  the  Skagerrak  is  excluded  from  the  fishing  effort  regime  pursuant  to  Article  11(1) 
second subparagraph, the fishing effort that can be associated with the Skagerrak, and which 
contributed to establishment of the baseline effort, shall no longer be taken into account for 
the purpose of establishing the maximum allowable fishing effort." 

CHAPTER VII 

DEROGATIONS 

Article 20 

Derogation from Regulation (EC) No 847/96 

1. By way of derogation from 

(a) Article 3(3) of Regulation 847/1996 , when more than 75 % of a quota for a stock subject 
to  Article  3  has  been  utilized  before  31  October  of  the  year  of  its  application,  the  Member 
State to which such a quota has been allocated may request the Commission's permission to 
land additional quantities of fish of the same stock to be deducted from the quota of that stock 
in the following year indicating the additional quantity required (borrowing), and  

(b) Article 4(2) of Regulation 847/1996, a Member State to which a relevant quota has been 
allocated may ask the Commission, before 31 October of the year of application of the quota, 
to withhold a part of its quota to be transferred to the following year (banking).  

The quantities referred to in paragraphs (a) and (b) shall not exceed 

(i) 

in 2013 20 % of the appropriate quota, 

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(ii) 

in 2014 15 % of the appropriate quota and 

(iii) 

from 2015 10 % of the appropriate quota.  

2. The additional quantity borrowed in accordance with paragraph 1 shall not be considered as 
exceeding  permitted  landings  for  the  purposes  of  the  deductions  set  out  in  Article  105 
of Regulation 1224/2009.  

CHAPTER VIII 

FINAL PROVISIONS 

Article 21 

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

This Regulation shall apply from 1 January 2013.  

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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List of species to be progressively included in the obligation to land 

Annex I 

Name 

Cod 

Haddock 

Herring 

Mackerel 
Northern Prawn 
Saithe 
Sprat 

Whiting 

Hake 

Ling 
Monkfish 

Pollack 

Grenadier 

Blue Ling 
Tusk 

Plaice 

Witch 

Long rough dab 

Blue Whiting 

Norway pout 

Argentine 
Sole 

Nephrops 

Brill 

Dab 

Turbot 

Lemon Sole 
Sandeel  

Scientific name 

Gadus morhua 
Melanogrammus 
aeglefinus 
Clupea harengus 

Start date of 
application 
1 January 2013 
1 January 2013 

1 January 2013 

1 January 2013 

1 January 2013 

1 January 2013 
1 January 2013 
1 January 2015 

1 January 2013 
1 January 2013 
1 January 2013 
1 January 2013 
1 January 2013 

Scomber scombrus 
Pandalus borealis 
Pollachius virens 
Sprattus sprattus 
Merlangius 
merlangus 
Merluccius 
merluccius 
1 January 2013 
Molva molva 
Lophius piscatorius.  1 January 2013 
1 January 2013 
Pollachius 
pollachius 
Coryphaenoides 
rupestris 
Molva dypterygia 
Brosme brosme 
Pleuronectes 
platessa 
Glyptocephalus 
cynoglossus 
Hippoglossoides 
platessoides 
Micromesistius 
poutassou 
Trisopterus 
esmarkii 
Argentina spp. 
Solea solea 
Nephrops 
norvegicus 
Scophthalmus 
rhombus 
Limanda limanda 
Scophthalmus 
maximus 
Microstomus kitt 
Ammodytidae 

1 January 2015 
1 January 2015 
1 January 2015 

1 January 2015 
1 January 2015 

1 January 2015 
1 January 2015 

1 January 2015 

1 January 2015 

1 January 2015 

1 January 2015 

1 January 2015 

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Horse Mackerel 

Rays (other than those listed in the fishing 
opportunities regulations as having to be released) 
Flounder 
Catfish/Wolfish 
Greater Forkbeard 
Lumpsucker 
Redfish spp 

Trachurus 
trachurus 

 Raja spp. 

1 January 2015 

1 January 2015 

1 January 2015 
Platichthys flesus 
1 January 2015 
Anarhichas lupus 
1 January 2015 
Phycis blennoides 
Cyclopterus lumpus   1 January 2015 
1 January 2015 
Sebastes spp. 

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Annex II 

Minimum conservation reference size  

Species 

Minimum conservation reference sizes 

Cod (Gadus Morhua) 

Haddock ((Melanogrammus aeglefinus) 

Whiting (Merlangus merlangus) 

Saithe (Polachius virensis) 

Herring (Clupea harengus) 

Mackerel (Scomber spp.) 

Hake (Merluccius merluccius) 

Ling (Molva molva) 

Blue ling (Molva dipterygia) 

Pollack (Pollachius pollachius) 

Plaice (Pleuronectes platesus) 

Sole (Solea spp.) 

Horse mackerel (Trachurus spp.) 

30 cm 

27 cm 

23 cm 

30 cm 

18 cm 

20 cm 

30 cm 

63cm 

70cm 

30cm 

27 cm 

24 cm 

15 cm 

ANNEX III  

Control and inspection measures  

1. 
For  the  purposes  of  control  and  inspection  to  verify  the  level  of  compliance  with 
Articles 3 and 5, the national control and inspection measures shall include reference at least 
to the following: 

(a) 

(b) 

requirements of full catch sampling at sea and in port; 

analysis  of  all  data  listed  in  Article  109(2)(a)  and  (b)  of  Regulation  (EC)  No 
1224/2009; 

(c)  use of sensors attached to the gears;  

(d)  use of remote electronic monitoring (REM) that consists of closed circuit TV 

(CCTV), GPS and sensors;  

(e) 

(f) 

reference fleet for the main fisheries in Skagerrak, either by the use of REM or 
observers; 

a  scientific  sampling  program  on  discards  covering  all  the  main  fisheries  in 
Skagerrak. 

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2. 
For  the  purposes  of  control  and  inspection  to  verify  the  level  of  compliance  with 
Articles  6,  7  and  8,  the  national  control  and  inspection  measures  shall  include  reference  at 
least to the following: 

(a) 

(b) 

the allocated human and technical means;  

the inspection strategy, including the level of inspections at sea and land and of 
surveillance.  

3. 

Baselines for inspection  

The Member States concerned shall assign the highest risk level to fisheries carried out in the 
Skagerrak  in  their  risk  management  system  established  in  accordance  with  Article  5(3)  of 
Regulation (EC) No 1224/2009. A separate risk factor shall be established for vessels fishing 
in the Skagerrak and other Union waters during the same fishing trip and they shall also be 
assigned to the highest risk level.  

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