CELEX: 52013PC0889
Language: en
Date: 2013-12-17
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009 and repealing (EC) No 1434/98 as regards the landing obligation

|
			
		
		
		52013PC0889
		
			Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009 and repealing (EC) No 1434/98 as regards the landing obligation /* COM/2013/0889 final - 2013/0436 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
One of the central objectives of the reform
of the current Common Fisheries Policy (CFP)[1]
is the progressive elimination of discards in all European Union (EU) fisheries
through the introduction of a landing obligation. This is designed to make
better use of the available resources, and responds to public expectation to
end the practice of throwing marketable fish back into the sea. High levels of
discards are identified as an important driver of the lack of environmental
sustainability of the CFP in the impact assessment[2] carried out for the
proposal for the Basic Regulation for the CFP. 
The European Parliament in its plenary vote
in February 2013 agreed the gradual introduction of the landing obligation with
a starting date of 2014 for pelagic fisheries, highly migratory species and
salmon in the Baltic and extending to all fisheries in the Union in the
following years. Later in February, the Council also gave a clear indication
that they support this approach and agreed a similar timetable for
implementation. Subsequently political agreement has been reached by the
European Parliament and Council on the Basic Regulation with a new start date
for implementation of the landing obligation of 1 January 2015. 
In order to make the landing obligation
operational certain provisions within the current Regulations on technical
measures, management measures and control that run contrary to the landing
obligation and oblige fishermen to discard fish must be removed or amended. A
declaration signalling this intention was made by the Council at the June
Council[3],
urging the Commission to act swiftly to make these changes to the existing
regulations once the reform is agreed. 
It is the intention of the Commission that a
new technical measures framework will be developed as part of the reform which,
over time, should facilitate the full implementation of the landing obligation
as envisaged. It would also incorporate the new, regionalised approach, including
the development of multiannual and discard plans. However, this new framework
will almost certainly not be in place in time for the first group of fisheries
to be covered under the landing obligation. Therefore legislation is required
to remove any legal and practical impediments to implementation on a
transitional basis while this new framework is being developed. 
On the technical measures regulations
several provisions contained in the current regulations contradict the landing
obligation and oblige fishermen to discard. These are minimum landing sizes
(MLS), catch composition rules and bycatch provisions. 
Minimum Landing Sizes (MLS) are contained
in Regulation (EC) No 850/98 for the conservation of fishery resources through
technical measures for the protection of juveniles of marine organisms[4] as amended in
particular by Regulation (EU) No 227/2013[5],
and Regulation (EC) No 2187/2005 for the conservation of fishery resources
through technical measures in the Baltic Sea, the Belts and the Sound, amending
Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98[6]. MLS set the legal
sizes of fish which can be retained on board. Fish below these sizes currently
must not be retained on board or landed. Under the landing obligation, for all
species under catch limits, MLS will be replaced by minimum conservation
reference sizes (MCRS). Fish below these MCRS will have to be landed but the
sale of catches below MCRS will be limited to uses other than human
consumption. A specific situation occurs in the Mediterranean Sea where Regulation
(EC) No 1967/2006 concerning management measures for the sustainable
exploitation of fishery resources in the Mediterranean Sea, amending Regulation
(EEC) No 2847/93 and repealing Regulation (EC) No 1624/94[7]. This Regulation
prohibits that marine organisms which are smaller than the minimum size
specified therein are caught, retained on board, transhipped, landed,
transferred, stored, sold, displayed or offered for sale. These minimum sizes
were put in place in 2007 and were established to promote improvements in the
size selection beyond the minimum standards of the gear characteristics for the
fisheries concerned. In the Mediterranean where minimum catching sizes apply
these will also be replaced by minimum conservation reference sizes for
consistency with the same requirement that fish below the MCRS will have to be
landed but will their use will be limited to purposes other than human
consumption.
Catch composition rules are contained in
Regulation (EC) 850/98 and associated regulations (Regulation (EC) No 1098/2007
establishing a multiannual plan for the cod stocks in the Baltic Sea and the
fisheries exploiting those stocks[8],
Regulation (EC) No 1434/98 specifying conditions under which herring may be
landed for industrial purposes other than direct human consumption[9], Regulation (EC) No
254/2002 establishing measures to be applicable in 2002 for the recovery of the
stocks of cod in the Irish Sea (ICES division VIIa[10] and Regulation (EC) No
2347/2002 establishing specific access requirements and associated conditions
applicable to fishing for deep-sea stocks[11]).
There are similar catch composition percentages in the Baltic Sea Regulation
(Regulation (EC) No 2187/2005) but not in the Mediterranean. 
Catch composition rules set limits which must
be met on a daily basis and at the end of a fishing trip. If fishermen are
outside the limits they are obliged to discard components of the catch in order
to balance the retained catch with the catch composition rules. Under the
landing obligation, fishermen will no longer be allowed to discard, so the
contradiction between continuing to regulate catch composition and obliging
fishermen to land all catches must be addressed. This will be achieved by
requiring that all unintended catches of marine organisms subject to the
landing obligation over the permitted catch composition percentages must be
landed and counted against quotas. The catch composition rules are interlinked
with other provisions (e.g. mesh size ranges, conditions for use of certain
combinations of mesh sizes) and detailed rules for sorting of catches on board
vessels are also based on the catch composition percentages. These rules will
also have to be aligned or deleted to remove the obligation to discard. 
In the case of Regulation (EC) No 1434/1998
the catch composition rules and associated restrictions on the use of herring contained
in this regulation are no longer relevant. The landing obligation will apply to
all pelagic and industrial fisheries in EU waters from 1 January 2015 and requires
that all herring caught must be landed and counted against quotas and that any herring
below the minimum conservation reference size can only be used for purposes
other than human consumption. This regulation should be repealed.
Within the technical conservation measures
regulations (Regulation (EC) 850/98 and associated regulations (Regulation (EC)
No 1098/2007 and Regulation (EC) No 254/2002) for Union waters in the Atlantic
and some other specified areas, and Regulation (EC) No 2187/200510
for the Union waters of the Baltic Sea) there are also multiple bycatch
provisions. These are similar to catch composition rules but are area or gear
specific. Typically these are derogations to allow bycatch of certain species
of 5-10% in restricted areas with certain gear types in specific fisheries.
Catches in excess of these bycatch limits currently have to be discarded. As
with catch composition rules this creates a contradiction with the landing
obligation as they currently require fishermen to discard fish caught in excess
of the bycatch provisions whereas under the landing obligation such fish must
be landed. Therefore, they need to be dealt with in a similar way as the catch
composition rules to remove the obligation to discard. 
One further amendment is proposed to
Regulation (EC) No 850/98 which is not linked to the landing obligation but is
required to ensure legal certainty. Several Member States have indicated that
the current provisions pertaining to an area closure in ICES division VIb to
protect juvenile haddock have led to misinterpretation creating concerns for
the conservation of haddock in this area. Therefore it is proposed to amend
this article in Regulation (EC) 850/98 by reverting to the original wording
included under Annex III of Regulation (EC) No 43/2009 and removing any
possibility of misinterpretation.
Council Regulation (EC) 1224/2009
establishing a Community 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[12] also needs to be
aligned with the landing obligation. The modifications required concern changes
to fishing authorisations; recording of data on all catches particularly when
below minimum conservation reference sizes; a higher margin of tolerance for
catch estimates below 50 kg in logbooks and transhipment declarations; establishment
of rules for remote electronic monitoring (REM) for the recording of data for
monitoring the landing obligation at sea; separate stowage of catches and
control of marketing of catches below minimum conservation reference sizes;
establishing the conditions for the use of control observers for monitoring
purposes; the definition of the violation of the landing obligation as a
serious infringement. The introduction of the landing obligation in combination
with certain new inter-annual quota flexibilities, makes adjustment of existing
rules on the deduction of quotas and effort necessary. All of these changes
follow from rules in the CFP reform. 
As the first group of fisheries will be subject
to the landing obligation in 2015, the relevant provisions of the regulations
on technical measures, management measures and on control measures should be amended
by this Regulation to ensure timely removal of legal obstacles to applying the landing
obligation.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
No specific Impact Assessment has been
carried out as the impacts of introducing a landing obligation have already
been assessed under the impact assessment supporting the reform of the CFP. As
part of that impact assessment[13],
the impacts of discard reducing policies including a discard ban were
quantified. That assessment had two phases. The first phase comprised a series
of desk studies on the extent of discarding practices in the EU and described
the anti-discard policies in a number of fisheries (in Iceland, Norway, Scotland and Denmark). Moreover, the level of discarding in EU fisheries was
classified and finally specific studies of discarding in Mediterranean
fisheries were undertaken. The second analytical phase assessed the impacts of
a range of anti-discard policy options in EU fisheries including the effects of
changes in fishing gear selectivity and the introduction of new technical
measures such as real-time closures. This analysis showed that the introduction
of an anti-discard policy based on more effective technical measures and the
removal of ineffective technical measures that induce discarding would result
in short-term economic losses but medium to long-term additional gains,
primarily in environmental and economic terms. 
A further impact assessment would not add
to the information already available from the previous assessment carried out.
The changes that are needed to the existing regulations are essential to the
proper functioning of the new CFP.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
Summary of the proposed action
The main action is to facilitate the
implementation of the landing obligation envisaged under the Common Fisheries
Policy reform by removing all existing provisions from EU technical measures
and control regulations that run contrary to the landing obligation.
Legal basis
Article 43(2) of the Treaty on the
Functioning of the European Union.
Subsidiarity principle
The proposal falls under exclusive
competence of the European Union.
Proportionality principle
This proposal is amending measures which
already exist; therefore no concern on the proportionality principle arises.
Choice of instrument
Proposed instrument: Regulation of the
European Parliament and of the Council. 
Other means would not be adequate for the
following reason: Regulations must be amended by a Regulation.
4.           BUDGETARY IMPLICATION 
This measure does not involve any
additional Union expenditure 
2013/0436 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
amending Council Regulations (EC) No
850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, No 254/2002,
(EC) No 2347/2002 and (EC) No 1224/2009 and repealing (EC) No 1434/98 as
regards the landing obligation 
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[14],
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)       Regulation (EU) No [xxxx]
has a central objective of the progressive elimination of discards in all EU
fisheries through the introduction of a landing obligation for catches of
species subject to catch limits and species covered by minimum sizes in
the Mediterranean. In order to make this landing obligation operational certain
provisions within the current technical measures and control regulations run
contrary to the landing obligation and oblige fishermen to discard fish and
should be removed or amended. 
(2)       A new technical measures
framework is awaited pending the reform of the Common Fisheries Policy (CFP).
The unlikelihood that such a new framework will be in place by the start of 2015
when the landing obligation will be first introduced justifies the amendment or
removal of certain elements of the current technical measures regulations to remove
the incompatibility between these regulations and the landing obligation.
(3)       In particular, in order to
ensure the implementation of the landing obligation Council Regulation (EC) No
850/98 for the conservation of fishery resources through technical measures for
the protection of juveniles of marine organisms should be amended by requiring
all unintended catches of marine organisms subject to the landing obligation
caught in excess of catch composition rules should be landed and counted
against quotas; by replacing minimum landing sizes for marine organisms subject
to the landing obligation with minimum conservation reference sizes; and by requiring
all unintended catches of marine organisms caught in excess of bycatch
provisions in specific areas, at specific times and for specified gear types to
be landed and counted against quotas.
(4)       In addition, in order to ensure
legal certainty, provisions relating to an area closure for the protection of
juvenile haddock in ICES division VIb should be amended.
(5)       In order to ensure the
implementation of the landing obligation Council Regulation (EC) No 2187/2005
for the conservation of fishery resources through technical measures in the
Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and
repealing Regulation (EC) No 88/98 should be amended by requiring all unintended
catches of marine organisms subject to the landing obligation in the Baltic Sea
caught in excess of catch composition rules to be landed and counted against
quotas; by replacing minimum landing sizes for marine organisms subject to the
landing obligation with conservation reference sizes; and by prohibiting the
catching of salmon and sea trout at specific times and in specific areas except
with trap-nets. 
(6)       In order to ensure the
implementation of the landing obligation Council Regulation (EC) No 1967/2006
concerning management measures for the sustainable exploitation of fishery resources
in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing
Regulation (EC) No 1624/94 should be amended by replacing minimum sizes for
marine organisms subject to the landing obligation with minimum conservation
reference sizes without undermining the concept and implementation of existing
minimum catching sizes and by deleting the rules governing the fishing for sardine
fry which no longer are relevant with the implementation of the landing
obligation because all such catches shall be avoided where possible and in the
case of unintended catches shall be landed but no longer used for human
consumption.
(7)       In order to ensure the
implementation of the landing obligation Council Regulation (EC) No 1098/2007
establishing a multiannual plan for the cod stocks in the Baltic Sea and the
fisheries exploiting those stocks should be amended by requiring that when
fishing with drifting lines and with gillnets, entangling nets and trammel nets
in specified areas and at specified times all unintended catches of cod should
be landed and counted against quotas.
(8)       In order to ensure the
implementation of the landing obligation Council Regulation (EC) No 254/2002
establishing measures to be applicable in 2002 for the recovery of the stocks
of cod in the Irish Sea (ICES division VIIa should be amended by requiring that
in the trawl fishery for queen scallop that all unintentional catches of marine
organisms subject to the landing obligation caught in excess of permitted
bycatch percentages should be landed and counted against quotas.
(9)       In order to ensure the
implementation of the landing obligation Council Regulation (EC) No 2347/2002
establishing specific access requirements and associated conditions applicable
to fishing for deep-sea stocks should be amended by requiring all catches of
deep-sea species should be landed and counted against quotas.
(10)     In order to ensure the
implementation of the landing obligation Control Regulation (EC) 1224/2009
establishing a Community 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 should be amended to ensure
monitoring of the landing obligation. For this purpose fishing authorisations
should apply to fisheries subject to a landing obligation ; data on catches of
all species shall be recorded irrespective of a weight threshold; data on
catches below minimum conservation reference sizes should be recorded
separately; in view of the difficulty to establish the exact quantity of small
catches on board a fishing vessel a higher margin of tolerance should apply for
estimates of small catches in logbooks and transhipment declarations; rules for
remote electronic monitoring (REM) should be established for the recording of
data for monitoring the landing obligation at sea; rules on a separate stowage
of catches and control of marketing of catches below minimum conservation
reference sizes should be set up; and the conditions for the use of control
observers for monitoring purposes should be defined. 
(11)     As discards constitute a
substantial waste and affect negatively the sustainable exploitation of marine
biological resources and marine ecosystems and as a general observance of the
landing obligation by operators is essential for its success a violation of the
landing obligation should be defined as a serious infringement. The
introduction of the landing obligation in combination with certain new inter-annual
quota flexibility rules, requires adjustment of the rules on the deduction of
quotas and effort.
(12)     Council Regulations (EC) No
850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No
254/2002, (EC) No 2347/2002 and (EC) No 1224/2009 should therefore be amended
accordingly.
(13)     Council Regulation (EC) No
1434/1998 specifying conditions under which herring may be landed for
industrial purposes other than direct human consumption should be repealed as
the catch composition rules and associated restrictions on the use of herring
contained in this regulation are no longer relevant under the landing
obligation as all herring caught should be landed and counted against quotas
and any herring below the minimum conservation reference size should be used
for purposes other than human consumption,
HAVE ADOPTED THIS REGULATION:
CHAPTER 1
Technical Measures
Article 1
Amendments to Regulation (EC) No
850/98
Regulation (EC) No 850/98 is amended as
follows
(1)          In Article 3, the following point
(i) is added:
"(i)       Unintended catches shall mean
incidental catches of marine organisms the fishing for which is prohibited in
the relevant circumstances." 
(2)          Article 4 is amended as follows: 
(a)        In paragraph 1, the following
subparagraph is added:
"Fishing for any species listed in
Annexes I to V using a mesh size not provided for in those Annexes for that
species shall be prohibited."
(b)        In paragraph 4(a) the following
subparagraph is added:
"By way of derogation from the first
subparagraph, landings shall not be prohibited where the conditions established
in Annex X cannot be complied with because of unintended catches of marine
organisms subject to the landing obligation set out in Article 15 of Regulation
(EU) [xxxx]. Those unintended catches shall be landed and counted against
quotas."
(c)        In paragraph 4(b) the following
subparagraph is added:
"By way of derogation from the first
subparagraph, landings shall not be prohibited where the conditions established
in Annexes I to V cannot be complied with because of unintended catches of
marine organisms subject to the landing obligation set out in Article 15 of
Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted
against quotas.”
(d)       Paragraph 5(a) the following
subparagraph is added:
"In the case of marine organisms subject
to the landing obligation set out in in Article 15 of Regulation (EU) [xxxx],
the quantities retained on board or transhipped, as referred to in the first
subparagraph, shall include all marine organisms caught.”
(3)          In Article 5(1) the following
subparagraph is added:
"In the case of marine organisms
subject to the landing obligation set out in Article 15 of Regulation (EU)
[xxxx], the quantities on board after sorting or on landing, as referred to in
the first subparagraph, shall include all marine organisms caught." 
(4)          In Article 7(5) the following
subparagraph is added:
"The first subparagraph shall not
apply where the crustaceans of the species Pandalus are subject to the
landing obligation set out in Article 15 of Regulation (EU) [xxxx]. However, it
shall be prohibited to fish for those crustaceans with nets referred to in the first
subparagraph which are not equipped in accordance with that subparagraph. Unintended
catches taken with such nets shall be landed and counted against quotas."
(5)          In Article 10, the following
subparagraph is added:
"By way of derogation from point (b)
of the first subparagraph, the retention on board and landing shall not be
prohibited where the minimum percentage of bivalve molluscs cannot be achieved
because of unintended catches of marine organisms subject to the landing
obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended
catches shall be landed and counted against quotas.”
(6)          Article 11 is amended as follows:
In paragraph (1) (a), the following subparagraph
is added:
"By way of derogation from point (a)
of the first subparagraph, the use or keeping on board of bottom set gillnets,
entangling nets or trammel nets shall not be prohibited where the conditions
established in that point (a) cannot be complied with because of unintended
catches of marine organisms subject to the landing obligation set out in
Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed
and counted against quotas.”
(7)          Article 12(1), the following
subparagraph is added:
"In the case of marine organisms
subject to the landing obligation set out in Article 15 of Regulation (EU)
[xxxx], the marine organisms retained on board after sorting or on landing, as
referred to in the first subparagraph, shall include all marine organisms caught."
(8)          Article 15 is replaced by the
following:
"Article 15
1.         Marine organisms caught in
excess of permitted percentages specified in Articles 20(2), 21(2), 22(2b),
27(2), 29d(5d), 29d(6d), 29d(7c), 29g(2), 34b(3c) and 34b(11) and Annexes I to
VII, X and XI and which are not subject to the landing obligation set out in
Article 15 of Regulation (EU) [xxxx] shall not be landed but shall be returned
to the sea prior to each landing.
2.         Marine organisms caught in
excess of permitted percentages specified in Articles 20(2), 21(2), 22(2b),
27(2), 29d(5d), 29d(6d), 29d(7c), 29g(2), 34b(3c) and 34b(11) and Annexes I to
VII, X and XI and which are subject to the landing obligation set out in
Article 15 of Regulation (EU) [xxxx] shall be landed and counted against quotas.
3.         Before they start fishing in any
management area on a specific fishing trip, masters of fishing vessels shall ensure
they have quotas for stocks subject to catch limits that are sufficient to
cover their likely catch composition and the permitted percentages during that
trip."
(9)          Article 17 is amended as follows:
"A marine organism is undersized if
its dimensions are smaller than the minimum conservation reference size specified
in Annex XII for the relevant species and the relevant geographical area."
(10)        Article 19 is replaced by the
following:
"Article 19
1.         Undersized marine organisms,
which belong to a species not subject to the landing obligation set out in
Article 15 of Regulation (EU) [xxxx] shall not be retained on board, or be
transhipped, landed, transported, stored, sold, displayed or offered for sale,
but shall be returned immediately to the sea.
2.         Undersized marine organisms which
belong to a species subject to the landing obligation set out in Article 15 of
Regulation (EU) [xxxx] shall be retained on board, landed and counted against
quotas. They shall not be sold, displayed or offered for sale for human
consumption."
(11)        In Article 20 the following
paragraph 4 is added:
"4. Where herring is subject to the
landing obligation set out in Article 15 of Regulation (EU) [xxxx], the
prohibition to retain on board established in paragraph 1 of this Article shall
not apply. However, it shall be prohibited to fish for that species within the
geographical areas and during the periods referred to in that paragraph. Unintended
catches of herring shall be landed and counted against quotas." 
(12)        In Article 20a, the following
subparagraph is added:
"Where herring is subject to the
landing obligation set out in Article 15 of Regulation (EU) [xxxx], the
prohibition to land or retain on board established in the first subparagraph of
this Article shall not apply. However, it shall be prohibited to fish for that
species within the geographical area and during the periods referred to in that
first subparagraph. Unintended catches of herring shall be landed and counted
against quotas."
(13)        In Article 21 the following
paragraph 3 is added:
"3. Where sprat is subject to the
landing obligation set out in Article 15 of Regulation (EU) [xxxx], the
prohibition to retain on board established in paragraph 1 of this Article shall
not apply. However, it shall be prohibited to fish for that species within the
geographical areas and during the periods referred to in that paragraph.
Unintended catches of sprat shall be landed and counted against quotas."
(14)        In Article 22(1), the following subparagraph
is added:
"Where mackerel is subject to the
landing obligation set out in Article 15 of Regulation (EU) [xxxx], the
prohibition to retain on board established in the first subparagraph of this paragraph
shall not apply. However, it shall be prohibited to fish for that species within
the geographical area referred to in that subparagraph. Unintended catches of
mackerel shall be landed and counted against quotas."
(15)        In Article 23(1) the following
subparagraph is added:
"Where anchovy is subject to the
landing obligation set out in Article 15 of Regulation (EU) [xxxx], the
prohibition to retain on board established in the first subparagraph of this
paragraph shall not apply. However, it shall be prohibited to fish for that
species with the fishing gear and within the geographical areas referred to in
that subparagraph. Unintended catches of anchovy shall be landed and counted
against quotas." 
(16)        In Article 27, the following
paragraph 3 is added: 
"3. Where Norway pout is subject to
the landing obligation set out in Article 15 of Regulation (EU) [xxxx], the
prohibition to retain on board established in paragraph 1 of this Article shall
not apply. However, it shall be prohibited to fish for that species with the
fishing gear and within the geographical area referred to in that paragraph.
Unintended catches of Norway pout shall be landed and counted against quotas."
(17)        In Article 29a(1), the following
subparagraph is added:
"Where sand eel is subject to the
landing obligation set out in Article 15 of Regulation (EU) [xxxx], the
prohibition to land or retain on board established in the first subparagraph of
this paragraph shall not apply. However, it shall be prohibited to fish for that
species within the geographical area referred to in that subparagraph.
Unintended catches of sand eel shall be landed and counted against quotas."
(18)        Article 29c is replaced by the
following:
"Article 29c
Rockall haddock box in ICES sub-area VI
1.         All fishing, except with
longlines, shall be prohibited in the areas enclosed by sequentially joining
with rhumb lines the following coordinates, which shall be measured according
to the WGS84 system: 
–              
57o00' N, 15o00' W
–              
57o00' N, 14o00' W
–              
56o30' N, 14o00' W
–              
56o30' N, 15o00' W
–              
57o00' N, 15o00' W."
(19)        Article 29d is amended as follows:
(a) In paragraph 3, the following subparagraph
is added:
"Where the fish or shellfish referred
to in point (b) of the first subparagraph is subject to the landing obligation
set out in Article 15 of Regulation (EU) [xxxx], the condition laid down in
that point (b) shall be replaced by the condition that such fish or shellfish is
not targeted. Unintended catches of such fish or shellfish shall be landed and
counted against quotas." 
(b) In paragraph 4 the following
subparagraph is added:
Where the fish referred to in point (b) of
the first subparagraph is subject to the landing obligation set out in Article
15 of Regulation (EU) [xxxx], the condition laid down in that point (b) shall
be replaced by the condition that such fish is not targeted. Unintended catches
of such fish shall be landed and counted against quotas." 
(20)        Article 29e(2), the following
subparagraph is added:
"Where the fish referred to in point
(b) of the first subparagraph is subject to the landing obligation set out in
Article 15 of Regulation (EU) [xxxx], the condition laid down in that point (b)
shall be replaced by the condition that such fish is not targeted. Unintended
catches of such fish shall be landed and counted against quotas."
(21)        In Article 29f, the following
paragraph 1a shall be inserted:
"1a.Where blue ling is subject to the
landing obligation set out in Article 15 of Regulation (EU) [xxxx], the
prohibition to retain on board established in paragraph 1 of this Article shall
not apply. However, in the period and within the areas referred to in that
paragraph, it shall be prohibited to fish for that species. Unintended
catches of blue ling shall be landed and counted against quotas." 
(22)        In Article 32(2) the following
subparagraph is added:
"In the case of marine organisms
subject to the landing obligation referred to in Article 15 of Regulation (EU)
[xxxx], the catch which may be lawfully retained on board, as referred to in point
(b)(i) of the first subparagraph of this Article, shall include all marine
organisms caught.”
(23)        Article 35 is deleted. 
(24)        The Annexes are amended in
accordance with Annex I to this Regulation. 
Article 2
Amendments to Regulation (EC) No
2187/2005
Regulation (EC) No 2187/2005 is hereby
amended as follows:
(1)          In Article 2, the following point
(p) is added:
"(o)      'Unintended catches' means incidental
catches of marine organisms the fishing for which is prohibited in the relevant
circumstances." 
(2)          Article 3 is amended as follows:
(a) In paragraph 1, the following
subparagraph is added:
"Fishing for any species listed in
Annexes I to V using a mesh size not provided for in those Annexes for that
species shall be prohibited." 
(b) In paragraph 3, the following subparagraph
is added: 
"By way of derogation from the first
subparagraph, the retention on board and the landing shall not be prohibited if
the conditions established in that subparagraph cannot be complied with because
of unintended catches of marine organisms subject to the landing obligation set
out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be
landed and counted against quotas.”
(c) In paragraph 6, the following
subparagraph is added: 
"By way of derogation from the first
subparagraph, landings shall not be prohibited if the conditions established in
that subparagraph cannot be complied with because of unintended catches of
marine organisms subject to the landing obligation set out in Article 15 of
Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted
against quotas. "
(3)          Article 4 is amended as follows:
(a) In paragraph 1, the following
subparagraph is added: 
"In the case of marine organisms
subject to the landing obligation set out in Article 15 of Regulation (EU)
[xxxx], the quantities retained on board after sorting or landed as referred to
in the first subparagraph, shall include all marine organisms caught."
(b) In paragraph 2, the following subparagraph
is added:
"In the case of marine organisms subject
to the landing obligation referred to in Article 15 of Regulation (EU) [xxxx],
the quantities retained on board, as referred to in the first subparagraph,
shall include all marine organisms caught."
(4)          Article 12 is replaced by the
following:
"Article 12
Reaching of required catch percentages 
"1.        Unintended catches of
marine organism in excess of permitted percentages specified in Annexes II and
III and which are subject to the landing obligation set out in Article 15 of
Regulation EU [xxxx] shall be landed and counted against quotas. 2.      Before
they start fishing in any management area on a specific fishing trip, masters
of all fishing vessels shall ensure they have quotas for stocks subject to
catch limits that are sufficient to cover their likely catch composition and
the percentages contained in Annexes II and III.
3.         Catches of marine organisms
caught in excess of percentages permitted pursuant to Annexes II and III and
which are not subject to the landing obligation set out in Article 15 of Regulation
[xxxx] may not be landed but shall be returned to the sea prior to each
landing."
(5)          Article 14(1) is amended as
follows:
"1.        A marine organism shall be
regarded as undersized if its dimensions are smaller than the minimum conservation
reference size specified in Annex IV for the relevant species and the relevant
geographical area."
(6)          Article 15 is amended as
following:
(a) Paragraph 1 is replaced by the
following:
"1.        Undersized marine organisms,
which belong to a species not subject to the landing obligation set out in
Article 15 of Regulation (EU) [xxxx,] shall not be retained on board, nor be
transhipped, landed, transported, stored, sold, displayed or offered for sale,
but shall be returned immediately to the sea."
(b) The following paragraph 3 is added.
"3.        Undersized marine organisms,
which do belong to a species subject to the landing obligation set out in
Article 15 of Regulation (EU) [xxxx] shall be retained on board, landed and
counted against quotas. They shall not be sold, displayed or offered for sale
for human consumption.”
(7)          Article 17 is amended as follows:
(a) In paragraph 1, the following
subparagraph is added:
"Where salmon (Salmo salar) or
sea trout (Salmo trutta) are subject to the landing obligation set out
in Article 15 of Regulation (EU) [xxxx], the prohibition to retain those
species on board, as established in the first subparagraph of this Article, shall
not apply. However, it shall be prohibited to fish for those species within the
geographical areas and during the periods referred to in that subparagraph.
Unintended catches of salmon (Salmo salar) or sea trout (Salmo trutta)
shall be landed and counted against quotas."
(b) In paragraph 3, the following subparagraph
is added: 
"3.        By way of derogation from paragraphs
1 and 3, the retention on board of, and the fishing for, salmon (Salmo
salar) and sea trout (Salmo trutta) with trap-nets shall be
permitted." 
(8)          The Annexes are amended in
accordance with Annex II to this Regulation. 
Article 3
Amendments to Regulation (EC) No
1967/2006
Regulation (EC) No 1967/2006 is amended as
follows:
(1)          In Article 2, the following point
(18) is added:
"(18)    'Unintended catches' means incidental
catches of marine organisms the fishing for which is prohibited in the relevant
circumstances."
(2)          Article 15 is amended as follows:
(a)        Paragraph 1 is replaced by the
following
"1.        It shall be prohibited to
fish for marine organisms, belonging to a species listed in Annex III, which
are smaller than the minimum conservation reference size specified in that
Annex for the relevant species (hereinafter 'undersized marine organisms')
Unintended catches of undersized marine organisms
which are subject to the landing obligation set out in Article 15 of Regulation
(EU) [xxxx] shall be retained on board, and landed. They shall not be sold,
displayed or offered for sale for human consumption.
Unintended catches of undersized marine
organisms which are not subject to the landing obligation set out in Article 15
of Regulation (EU) [xxxx] shall not be retained on board, transhipped, landed,
transferred, stored, sold, displayed or offered for sale."
(b) Paragraph 3 is deleted.
(3)          Article 16(1) is replaced by the
following:
"1. By way of derogation from Article
15(1) undersized marine organisms may be fished for, retained on board,
transhipped, landed, transferred, stored, sold, displayed or offered for sale
live for the purpose of direct restocking or transplantation with the
permission and under the authority of the Member State where those activities
take place."
(4)          The Annexes are amended in
accordance with Annex III to this Regulation. 
Article 4
Amendments to Regulation (EC) No
1098/2007 
Regulation (EC) No 1098/2007 is amended as
follows:
(1)          In Article 3, the following point
(g) is added:
"(g)      Unintended catches means
incidental catches of marine organisms the fishing for which is prohibited in
the relevant circumstances."
(2)          In Article 8(2), the following
subparagraph is added:
"Where cod is subject to the landing
obligation set out in Article 15 of Regulation (EU) [xxxx], the prohibition to
retain on board, as established in the first subparagraph, shall not apply.
However, it shall be prohibited to fish for that species with drifting lines,
within the geographical areas and during the periods referred to in paragraph 1.
Unintended catches of cod shall be landed and counted against quotas." 
(3)          In Article 9(3), the following
subparagraph is added:
"Where cod is subject to the landing
obligation set out in Article 15 of Regulation (EU) [xxxx], the prohibition to
retain on board, as established in the first subparagraph, shall not apply.
However, it shall be prohibited to fish for that species with the gear types referred
to in paragraph 2, within the geographical areas and during the period referred
to in paragraph 1. Unintended catches of cod shall be landed and counted
against quotas." 
Article 5
Amendments to Regulation (EC) No
254/2002
Regulation (EC) No 254/2002 is amended as
follows:
(1)          In Article 3(1), the following
subparagraph is added:
"By way of derogation from the first
subparagraph, landings shall not be prohibited if the conditions established in
that subparagraph cannot be complied with because of unintended catches of
marine organisms subject to the landing obligation set out in Article 15 of
Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted
against quotas." 
(2)          In Article 4, the following
subparagraph is added:
"By way of derogation from the first
subparagraph, landings shall not be prohibited if the conditions established in
that subparagraph cannot be complied with because of unintended catches of
marine organisms subject to the landing obligation set out in Article 15 of
Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted
against quotas."
Article 6
Amendments to Regulation (EC) No
2347/2002
Regulation (EC) No 2347/2002 is amended as
follows:
(1)          In Article 2, the following point
(f) is added:
"(f)       'Unintended catches' means
incidental catches of marine organisms the fishing for which is prohibited in
the relevant circumstances."
(2)          In Article 3(1), the second
subparagraph is replaced by the following:
"Fishing vessels not holding a
deep-sea permit shall be prohibited from fishing for deep-sea species in excess
of 100 kg in each sea trip. Deep-sea species caught in excess of 100 kg by such
vessels shall not be retained on board, transhipped or landed.
By way of derogation from the second
subparagraph, the retention on board, transhipment and landing shall not be
prohibited if the 100 kg limit established in that subparagraph is exceeded because
of unintended catches of deep-sea species subject to the landing obligation set
out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be
landed and counted against quotas." 
CHAPTER 2
Control Measures
Article 7
Amendments to Regulation (EC) No
1224/2009 
Regulation (EC) No 1224/2009 is hereby
amended as follows: 
(1)          Article 7(1) is amended as
follows:
(a)        Point (e) is replaced by the
following:
"(e)      a landing obligation in part
of the fisheries or in all fisheries as referred to in Article 15 of Regulation
(EU) [xxxx]."
(b)        The following point (f) is
inserted:
"(f)       other cases laid down in
Union legislation."
(2)          Article 14 is amended as
following:
(a)        Paragraph 1 is replaced by the
following:
"1.        Without prejudice to
specific provisions contained in multiannual plans, masters of Union fishing
vessels of 10 metres' length overall or more shall keep a fishing logbook of
their operations, indicating specifically all quantities of each species caught
and kept on board."
(b)        In paragraph 2, the point (f) is
replaced by the following:
"(f)       the estimated quantities of
each species in kilograms live weight, or, where appropriate, the number of
individuals, including, as a separate entry, the quantities or individuals below
a the applicable minimum conservation reference size;" 
(c)        Paragraph 3 is replaced by the
following:
"The permitted margin of tolerance in
estimates recorded in the fishing logbook of the quantities in kilograms of fish
retained on board shall be 10 % for all species. Where for one or more species,
the respective total catch is below 50 kilograms, the permitted margin of
tolerance shall be 20%."
(d)       Paragraph 4 is replaced by the
following: 
"4.        Masters of Union fishing vessels shall also record in their fishing logbook all estimated discards in
volume for any species."
(3)          In Article 17(1), points (e) and
(f) are replaced by the following:
"(e)      the quantities of each
species recorded in the fishing logbook, including, as a separate item of
information, those below the applicable minimum conservation reference size; 
(f)        the quantities of each species
to be landed or transhipped, including, as a separate item of information,
those below the applicable minimum conservation reference size."
(4)          Article 21 is amended as follows:
(a)        Paragraph 1 is replaced by the
following:
"1. Without prejudice to specific
provisions contained in multiannual plans, masters of Union vessels of 10
metres' length overall or more involved in a transhipment operation shall
complete a transhipment declaration indicating sepcifcally all quantities of
each species transhipped or received."
(b)        In paragraph 2, point (c) is
replaced by the following:
"(c)      the estimated quantities of
each species in kilograms in product weight broken down by type of product
presentation, or, where appropriate, the number of individuals including, as a
separate entry, the quantites or individuals below the applicable minimum
conservation reference size;”
(c)        Paragraph 3 is replaced by the
following:
"The permitted margin of tolerance in
estimates recorded in the transhipment declaration of the quantities in
kilograms of fish transhipped on board shall be 10 % for all species. Where for
one or more species, the respective total catch is below 50 kilograms, the
permitted margin of tolerance shall be 20%."
(5)          In Article 23, paragraph 2 (c) is
replaced by the following:
"(c)      the quantities of each
species in kilograms in product weight broken down by type of product
presentation or, where appropriate, the number of individuals, including, as a
separate entry, the quantities or individuals below the applicable minimum
conservation reference size,;"
(6)          The following Article 25a is
inserted after Article 25:
"Article 25a
Remote electronic monitoring
1. 
Fishing vessels that, in accordance with Union
legislation or a decision of a Member State, are subject to the utilisation of
remote electronic monitoring for the purpose of monitoring of the landing
obligation as established in Article 15 of Regulation (EU) [xxxx], shall have
installed the devices of a remote electronic monitoring system. That system
shall ensure the recording at all times of data of fishing activities and
activities related to them by cameras, including the processing of the catch.
2. The fishing vessels referred to in paragraph 1 shall
also be equipped with:
(a)         
removable data storage devices approved by the
competent authorities where all images of the fishing activities shall be saved
at all times; and
(b)         
sensors attached to the systems operating the
fishing gear and to the winch or the net drum, recording all movements related
to the setting and hauling of the fishing gear.
3.         The remote electronic monitoring systems
installed on board fishing vessels shall operate fully automatically, shall not
permit the input or output of false positions and shall not be capable of being
manually over-ridden. 
4.         Member States shall ensure that they have the
technical capacity to analyse and make effective use of the information provided
by the remote electronic monitoring system.
5.         The Commission shall
be empowered to adopt delegated acts in accordance with the Article 119a
concerning:
(a)         
the data to be recorded and processed by the
remote electronic monitoring systems;
(b)         
the responsibilities of masters concerning the
remote electronic monitoring systems;
(c)         
the measures to be taken in case of a technical
failure or non-functioning of the remote electronic monitoring systems;
(d)        
reporting obligations of Member States on the
use of remote electronic monitoring systems.
6.         The
Commission shall, by means of implementing acts, lay down detailed rules on:
(a)         
the requirements of remote electronic monitoring
systems;
(b)         
the specifications of remote electronic
monitoring systems;
(c)         
the control measures to be adopted by the flag Member State;
(d)        
the access of the Commission to data of the
remote electronic monitoring systems.
Those
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 119(2)."
(7)          Article 33 is amended as follows:
(a) In paragraph 2, point (a) is replaced
by the following:
"(a) for the quantities of each stock
or group of stocks subject to TACs or quotas landed during the preceding month,
including, as a separate information, those below the applicable  minimum
conservation reference size; and"
(b) Paragraph 6 is replaced by the
following:
"6.        Catches taken in the
framework of scientific research which are marketed and sold, including, where
appropriate, those below the applicable minimum conservation reference size,
shall be counted against the quota applicable to the flag Member State insofar
as they exceed 2 % of the quotas concerned. Article 12(2) of Council Regulation
(EC) No 199/2008 of 25 February 2008 establishing a Communityframework for the
collection, management and use of data in the fisheries sector and support for
scientific advice regarding the Common Fisheries Policy[15] shall not apply to
scientific research voyages during which such catches are taken." 
(8)          The following Articles 49a, 49b and
49c are inserted:
"Article 49a
Separate stowage of catches below the
minimum conservation reference sizes
1.         All catches below the applicable
minimum conservation reference size retained on board a Union fishing vessel
shall be placed in boxes, compartments or containers separately for each stock in
such a way that they are identifiable from other boxes, compartments or
containers. 
2.         It shall be prohibited to retain
on board a Union fishing vessel in any box, compartment or container any
quantity of catches below the applicable minimum conservation reference size
mixed with any other fisheries product.
3.         Paragraphs 2 and 3 shall not
apply: 
–              
where the catches contain more than 80% of Norway pout and sandeel caught for non-human consumption purposes or of one or more of the following
species: 
–              
mackerel;
–              
herring;
–              
horse mackerel;
–              
blue whiting;
–              
boarfish;
–              
anchovy;
–              
argentine;
–              
sardine;
–              
sprat.
–              
to fishing vessels of less than 12 metres'
length overall where catches below the minimum conservation reference size have
been sorted, weighed and recorded in the logbook. 
4.         For the cases referred to in
paragraph 3, Member States shall monitor the catch composition by way of
sampling."
"Article 49b
De minimis rule
Member States shall ensure that catches
falling under the de minimis exemption referred to in Article 15(5)(c) of
Regulation (EU) [xxxx] do not exceed the percentage of the exemption as
established in the relevant Union measure."
"Article 49c
Landing of catches below the minimum
conservation reference sizes
Where catches below the applicable minimum
conservation reference size are landed the competent authorities shall ensure
that these catches are stored in such a way to make them distinguishable from
fisheries products destined for human consumption."
(9)          In Article 56, paragraph 1 is
replaced by the following:
"1.        Each Member State shall be
responsible for controlling on its territory the application of the rules of
the common fisheries policy at all stages of the marketing of fisheries and
aquaculture products, from the first sale to the retail sale, including
transport. Member States shall in particular ensure that the use of fisheries
products below the applicable minimum conservation reference size that are
subject to a landing obligation as referred to in Article 15 of Regulation (EU)
[xxxx] is restricted to purposes other than direct human consumption."
(10)        In Article 58(5), point (e) is
replaced by the following:
"(e)      the quantities of each
species in kilograms expressed in net weight, or, where appropriate, the number
of individuals, including, as a separate information, the quantities or
individuals below the applicable minimum conservation reference size;"
(11)        In Article 64, paragraph 1 is
amended as follows:
(a)        Point (f) is replaced by the
following:
"(f)       the quantities of each
species in kilograms in product weight broken down by type of product
presentation, or, where appropriate, the number of individuals including, as a
separate entry, the quantities or individuals below the applicable minimum conservation
reference size;"
(b)        The following new point (ha) is
inserted:
"(ha)    where appropriate, the
destination of fishery products below the applicable minimum conservation
reference size the use of which is restricted in accordance with Article 15 of Regulation
(EU) [xxxx] to purposes other than direct human consumption."
(12)        In Article 66(3), point (e) is
replaced by the following:
"(e)      the quantities of each
species in kilograms in product weight broken down by type of product
presentation or, where appropriate, the number of individuals, including, as a
separate entry, the quantities or individuals below the applicable minimum
conservation reference size;"
(13)        In Article 68(5) point (d) is
replaced by the following:
"(d)      the quantities of each species
transported in kilograms in product weight, broken down by type of product
presentation or, where appropriate, the number of individuals, including, as a
separate entry, the quantities or individuals below the applicable minimum
conservation reference size;"
(14)        The following Article 73a is
inserted:
"Article 73a
Control observers for the monitoring
of the landing obligation
Without prejudice to Article 73(1), Member
States may deploy control observers on board fishing vessels flying their flag
for the monitoring of fisheries to which the landing obligation as referred to
in Article 15 of Regulation (EU) [xxxx] applies. Article 73(2) to (9) shall
apply to those control observers."
(15)        In Article 90(1) point (c)
replaced by the following:
"(c)      the failure to bring and
retain on board the fishing vessel and to land any catches of species subject
to quota or subject to the landing obligation as referred to in Article 15 of
Regulation (EU) [xxxx], unless the bringing and retention on board and the
landing of such catches would be contrary to obligations provided for in the
rules of the common fisheries policy in fisheries or fishing zones where such
rules apply."
(16)        In Article 92 paragraph 1 is
replaced by the following:
"1.        Member States shall apply a
point system for serious infringments as referred to in Article 42(1)(a) of
Regulation (EC) No 1005/2008 and for a violation of the obligation to bring and
retain on board a fishing vessel and to land any catches of species subject to
a quota or subject  the landing obligation as referred to in Article 15 of
Regulation (EU) [xxxx], on the basis of which the holder of a fishing licence
is assigned the appropriate number of points as a result of an infringement of
the rules of the common fisheries policy."
(17)        Article 105 is amended as follows:
(a) In paragraph 2 the table is replaced by
the following:
"
 Extent of overfishing relative to the permitted landings || Multiplying factor 
 Up to 10 % || Overfishing *1.0 
 Over 10% up to 20 % || Overfishing *1.2 
 Over 20% up to 40 % || Overfishing *1.4 
 Over 40% up to 50 % || Overfishing *1.8 
 Any further overfishing greater than 50% || Overfishing *2.0 
"
(b)        Paragraph 3 is replaced by the
following:
"3.        In addition to the
multiplying factors referred to in paragraph 2 and provided that the extent of
overfishing relative to the permitted landings exceeds 10 %, a multiplying
factor of 1.5 shall apply if:
(1)         
a Member State has repeatedly overfished its
quota, allocation or share of the stock or group of stocks over the previous
two years and these overfishings have been the subject of deductions as
referred to in paragraph 2;
(2)         
the available scientific, technical and economic
advice and in particular the reports drawn up by STECF have established that
overfishing constitutes a serious threat to the conservation of the stock
concerned; or
(3)         
the stock is subject to a management plan."

(c)        Paragraph 3a is deleted.
(18)        Article 106 is amended as follows:
(a) In paragraph 2 the table is replaced by
the following:
"
 Extent of excess of available fishing effort || Multiplying factor 
 Up to 10 % || Excess * 1.0 
 Over 10 % up to 20 % || Excess * 1.2 
 Over 20 % up to 40 % || Excess * 1.4 
 Over 40 % up to 50 % || Excess * 1.8 
 Any further excess greater than 50 % || Excess * 2.0 
 "
(19)        The following Article 119a is inserted:
"Article 119a
Exercise of the delegation 
1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article. 
2.         The delegation of powers
referred to in Article 25a(5) shall be conferred for an indeterminate
period of time. 
3.         The delegation of powers
referred to in Article25a(5) 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.
4.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council. 
5.         A delegated act adopted pursuant
to Article 25a(5) 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."
CHAPTER 3
FINAL PROVISIONS
Article 8
Repeals
Regulation (EC) No 14234/98 shall be
repealed.
References to the repealed Regulation shall
be construed as references to this Regulation.
Article 9
Entry into force
This Regulation shall enter into force on
the [xxx] day following that of its publication in the Official Journal of
the European Union.
It shall apply from …
This
Regulation shall be binding in its entirety and directly applicable in the
Member States.
Done at Brussels,
For the European Parliament                        For
the Council
The President                                                 The
President
[1]               COM(2011) 425 final. Proposal for a Regulation of the European
Parliament and of the Council on the Common Fisheries Policy
[2]               http://ec.europa.eu/fisheries/reform/sec_2011_891_en.pdf
[3]               "The Council noted with approval the
Commission's intention to review, and where appropriate propose the removal of
associated control measures and technical measures in good time before landing
obligations come into effect".
[4]               OJ L 125, 27.4.1998, p.1
[5]               OJ L 78, 20.3.2013, p.1
[6]               OJ L 349, 31.12.2005, p.1
[7]               OJ L 409, 30.12.2006, p.11
[8]               OJ L 248, 22.9.2007, p.1
[9]               OJ L 191, 7.7.1998, p.10
[10]             OJ L 41, 13.2.2002, p.1
[11]             OJ L 351, 28.12.2002, p.6
[12]             OJ L 343, 22.12.2009, p.1
[13]             SEC(2011) 891 
[14]             OJ C , , p. .
[15]             OJ L 60, 5.3.2008, p. 1