CELEX: 
Language: en
Date: 2016-09-21
Title: Position of the Council at first reading with a view to the adoption of a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks

Council of the
                 European Union
                                                           Brussels, 21 September 2016
                                                           (OR. en)
                                                           11309/16
       Interinstitutional File:
          2012/0236 (COD)
                                                           PECHE 279
                                                           CODEC 1072
LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject:            Position of the Council at first reading with a view to the adoption of a
                    REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
                    COUNCIL amending Council Regulation (EC) No 1342/2008 establishing a
                    long-term plan for cod stocks and the fisheries exploiting those stocks
11309/16                                                             POS/DOS/ra
                                             DGB 2A                                           EN
 ---pagebreak---                                     REGULATION (EU) 2016/…
                OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                                                  of …
                         amending Council Regulation (EC) No 1342/2008
      establishing a long-term plan for cod stocks and the fisheries exploiting those stocks
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 Committee 1,
Acting in accordance with the ordinary legislative procedure 2,
1
        OJ C 44, 15.2.2013, p. 125.
2
        Position of the European Parliament of 11 June 2013 (not yet published in the Official
        Journal) and position of the Council at first reading of ... (not yet published in the Official
        Journal). Position of the European Parliament of ... (not yet published in the Official
        Journal).
11309/16                                                                  POS/DOS/ra                    1
                                                 DGB 2A                                              EN
 ---pagebreak--- Whereas:
(1)     Council Regulation (EC) No 1342/2008 1 establishes a long-term plan for cod stocks in the
        Kattegat, the North Sea, the Skagerrak and the eastern Channel, the west of Scotland and
        the Irish Sea, and for the fisheries exploiting those stocks. The objective of Regulation
        (EC) No 1342/2008 is sustainable exploitation that restores and maintains those cod stocks
        above levels capable of producing maximum sustainable yield (MSY).
(2)     The scientific evaluation of the performance of Regulation (EC) No 1342/2008 carried out
        by the Scientific, Technical and Economic Committee for Fisheries (STECF) has shown a
        number of problems with the application of that Regulation. The International Council for
        the Exploration of the Sea (ICES) has suggested a re-evaluation of the management
        strategy, in particular following a change in its perception of the North Sea stock.
(3)     With the application of Regulation (EU) No 1380/2013 of the European Parliament and of
        the Council 2 as from 1 January 2014, the management framework for cod has changed
        fundamentally, in particular through the introduction of a landing obligation.
1
      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 423/2004 (OJ L 348, 24.12.2008, p. 20).
2
      Regulation (EU) No 1380/2013 of the European Parliament and of the Council of
      11 December 2013 on the Common Fisheries policy, amending Council Regulations (EC)
      No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC)
      No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354,
      28.12.2013. p. 22).
11309/16                                                               POS/DOS/ra                  2
                                                DGB 2A                                           EN
 ---pagebreak--- (4)     New multiannual plans for multi-species fisheries in various Atlantic regions, based on
        Regulation (EU) No 1380/2013, are currently being prepared. Regulation (EC)
        No 1342/2008 will eventually be superseded, for each relevant area, by those new
        multiannual plans for multi-species fisheries. Regulation (EC) No 1342/2008 will therefore
        continue to apply for only a short period of time. However, a number of urgent
        amendments should nevertheless be made to Regulation (EC) No 1342/2008 to cover the
        period until the new multiannual plans for multi-species fisheries start to apply.
(5)     The fishing effort regime set out in Regulation (EC) No 1342/2008 resulted in a number of
        achievements concerning selectivity and other measures to avoid catching cod, but it has
        become an obstacle to the implementation of the landing obligation, as it hampers further
        adaptation of fishing patterns, such as the choice of area and gear. The fishing effort
        regime should therefore be discontinued. As Regulation (EC) No 1342/2008 triggered
        considerable improvements in selectivity and cod avoidance through incentives that were
        linked to the fishing effort regime and through national measures (cod avoidance or discard
        reduction plans), it is of utmost importance that, while the landing obligation is introduced
        for all catches of cod in accordance with the timetable for its introduction set out in
        Regulation (EU) No 1380/2013, Member States having a direct interest in the fisheries
        continue, or further develop, those national measures.
11309/16                                                               POS/DOS/ra                    3
                                               DGB 2A                                            EN
 ---pagebreak--- (6)     During a transitional phase in which preparations are ongoing towards multiannual plans
        for multi-species fisheries in accordance with Regulation (EU) No 1380/2013 in areas now
        covered by Regulation (EC) No 1342/2008, management measures should take into
        account appropriate minimum and precautionary biomass levels. If the stocks fall below
        safeguard biomass levels (MSY Btrigger) available in scientific advice consistent with
        Regulation (EU) No 1380/2013, all necessary measures to address the situation should
        be taken.
(7)     In some areas covered by Regulation (EC) No 1342/2008, information on the stock and the
        fisheries may be insufficient to determine fishing opportunities in accordance with the
        principle of MSY. In such cases, the precautionary approach should be followed.
(8)     In addition to the fishing effort regime, Regulation (EC) No 1342/2008 introduced a
        system of special fishing permits linked to a limitation of the total capacity of fishing
        vessels' engine power in a relevant area. In order to avoid the disruptive dislocation of
        fishing activity which could have a negative impact on the stocks' recovery, it is
        appropriate to maintain that system, while the fishing effort regime itself is being
        completely discontinued.
11309/16                                                               POS/DOS/ra                   4
                                               DGB 2A                                             EN
 ---pagebreak--- (9)     Council Regulation (EC) No 1224/2009 1 repealed a number of provisions of Regulation
        (EC) No 1342/2008 that referred to Annexes II and III thereto. Since there are no other
        references in Regulation (EC) No 1342/2008 to those Annexes, they became obsolete and
        should be deleted.
(10)    Regulation (EC) No 1342/2008 should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:
1
      Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control
      system for ensuring compliance with the rules of the common fisheries policy, amending
      Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005,
      (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC)
      No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing
      Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343,
      22.12.2009, p. 1).
11309/16                                                            POS/DOS/ra                  5
                                            DGB 2A                                            EN
 ---pagebreak---                                               Article 1
Regulation (EC) No 1342/2008 is amended as follows:
(1)     Article 2 is replaced by the following:
        "Article 2
        Definitions
        For the purposes of this Regulation, the definitions laid down in Article 4(1) of Regulation
        (EU) No 1380/2013 of the European Parliament and of the Council* shall apply.
        ______________________
        *     Regulation (EU) No 1380/2013 of the European Parliament and of the Council of
              11 December 2013 on the Common Fisheries Policy, amending Council Regulations
              (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC)
              No 2371/2002 and (EC) 639/2004 and Council Decision 2004/585/EC (OJ L 354,
              28.12.2013. p. 22).";
(2)     Article 4 is deleted;
(3)     Article 5 is replaced by the following:
        "Article 5
        Objective of the plan
        1.    The plan referred to in Article 1 shall aim to ensure exploitation that restores and
              maintains the cod stocks above levels which can produce maximum
              sustainable yield.
11309/16                                                              POS/DOS/ra                    6
                                               DGB 2A                                             EN
 ---pagebreak---         2.    Any management measure taken pursuant to this Regulation shall be consistent with
              the requirements laid down in Article 2(2) of Regulation (EU) No 1380/2013 and
              with the principles and aims of that Regulation.";
(4)     Article 6 is replaced by the following:
        "Article 6
        Minimum and precautionary biomass levels
        When adopting management measures, minimum and precautionary biomass levels for
        each of the cod stocks shall be consistent with the objectives of Regulation (EU) No
        1380/2013.";
(5)     Articles 7 and 8 are deleted;
(6)     Article 9 is replaced by the following:
        "Article 9
        Setting of TACs in poor data conditions
        Where, due to a lack of sufficiently accurate and representative information, fishing
        opportunities cannot be determined in accordance with Article 5(1), the fixing of fishing
        opportunities shall be based on the precautionary approach in accordance with Article 9(2)
        of Regulation (EU) No 1380/2013, taking into account trends in the cod stock and in the
        fishing activity, and ensuring at least a comparable degree of conservation of the relevant
        stocks.";
11309/16                                                              POS/DOS/ra                    7
                                                DGB 2A                                          EN
 ---pagebreak--- (7)     After Article 9, a new Chapter heading is inserted:
        "CHAPTER IIa
        MEMBER STATES' OBLIGATIONS";
(8)     Article 10 is replaced by the following:
        "Article 10
        Fishing authorisations and capacity ceilings
        1.    For each of the geographical areas referred to in Article 1 of this Regulation, each
              Member State shall issue fishing authorisations in accordance with Article 7 of
              Council Regulation (EC) No 1224/2009* for vessels flying its flag which engage in
              fishing activities in that area and using one of the following gears:
              (a)   Bottom trawls and seines (OTB, OTT, PTB, SDN, SSC, SPR) of mesh:
                    (i)    TR1 equal to or larger than 100 mm,
                    (ii)   TR2 equal to or larger than 70 mm and less than 100 mm,
                    (iii) TR3 equal to or larger than 16 mm and less than 32 mm;
              (b)   Beam trawls (TBB) of mesh:
                    (i)    BT1 equal to or larger than 120 mm,
                    (ii)   BT2 equal to or larger than 80 mm and less than 120 mm;
              (c)   Gill nets, entangling nets (GN);
11309/16                                                                POS/DOS/ra                 8
                                                DGB 2A                                           EN
 ---pagebreak---               (d)   Trammel nets (GT);
              (e)   Longlines (LL).
        2.    Without prejudice to the capacity ceilings set out in Annex II to Regulation (EU)
              No 1380/2013, for each of the geographical areas referred to in Article 1 of this
              Regulation, the total capacity expressed in kW of the vessels having fishing
              authorisations issued in accordance with paragraph 1 of this Article shall not be
              greater than the maximum capacity of the vessels that have been active in 2006
              or 2007 using one of the gears referred to in paragraph 1 in the geographical area
              concerned.
        3.    Each Member State shall establish and maintain a list of vessels holding the fishing
              authorisation referred to in paragraph 1 and make it available on its official website
              to the Commission and other Member States.
        ______________________
        *     Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union
              control system for ensuring compliance with the rules of the common fisheries
              policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC)
              No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC)
              No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC)
              No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93,
              (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009. p. 1).";
(9)     Chapter III is deleted.
(10)    Articles 30 and 31 are deleted;
(11)    Annexes I, II, III and IV are deleted.
11309/16                                                             POS/DOS/ra                      9
                                               DGB 2A                                            EN
 ---pagebreak---                                                 Article 2
This Regulation shall enter into force on the fourth day following that of its publication in the
Official Journal of the European Union.
It shall apply from 1 January 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,
For the European Parliament                                  For the Council
The President                                                The President
11309/16                                                               POS/DOS/ra                  10
                                                DGB 2A                                            EN