Council Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008
Modified by
Council Regulation (EU) No 53/2010of 14 January 2010fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009, 32010R0053, January 26, 2010
Council Regulation (EU) No 712/2010of 26 July 2010amending Regulation (EU) No 53/2010 as regards certain fishing opportunities and amending Regulation (EC) No 754/2009, 32010R0712, August 10, 2010
Council Regulation (EU) No 57/2011of 18 January 2011fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters, 32011R0057, January 27, 2011
Council Regulation (EU) No 1106/2011of 20 October 2011amending Regulations (EU) No 57/2011 and (EC) No 754/2009 as regards the protection of the species porbeagle, certain TACs and certain fishing effort limits set for Germany and Ireland, 32011R1106, November 4, 2011
Council Regulation (EU) No 43/2012of 17 January 2012fixing for 2012 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreementsCouncil Regulation (EU) No 692/2012of 24 July 2012amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection of the giant manta ray and certain fishing opportunities, 32012R004332012R0692, January 27, 2012
Council Regulation (EU) No 692/2012of 24 July 2012amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards the protection of the giant manta ray and certain fishing opportunities, 32012R0692, July 31, 2012
Council Regulation (EU) No 1040/2012of 7 November 2012amending Regulation (EC) No 754/2009 as regards exclusion of certain groups of vessels from the fishing effort regime laid down in Regulation (EC) No 1342/2008 and amending Regulations (EU) No 43/2012 and (EU) No 44/2012 as regards certain fishing opportunities, 32012R1040, November 9, 2012
Council Regulation (EU) No 1182/2013of 19 November 2013amending Regulations (EC) No 754/2009, (EU) No 1262/2012, (EU) No 39/2013 and (EU) No 40/2013 as regards certain fishing opportunities, 32013R1182, November 22, 2013
Council Regulation (EU) No 732/2014of 3 July 2014amending Regulations (EC) No 754/2009 and (EU) No 43/2014 as regards certain fishing opportunities, 32014R0732, July 4, 2014
Council Regulation (EC) No 754/2009of 27 July 2009excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1342/2008 of 18 December establishing a long-term plan for cod stocks and the fisheries exploiting those stocksOJ L 348, 24.12.2008, p. 20., and in particular Article 11 thereof,Having regard to the proposal from the Commission,Whereas:(1)Chapter III of Regulation (EC) No 1342/2008 establishes a fishing effort regime whereby fishing opportunities in terms of fishing effort are allocated to Member States on an annual basis. According to Article 11(2) of that Regulation, the Council may, acting on a Commission proposal and on the basis of the information provided by Member States and the advice of the Scientific, Technical and Economic Committee for Fisheries (STECF), exclude certain groups of vessels from the application of the fishing effort regime provided that appropriate data is available on the cod catches and discards of the vessels concerned, that the percentage of cod catches does not exceed 1,5 % of the total catches of the group of vessels and that the inclusion of the group in the effort regime would constitute an administrative burden disproportionate to its overall impact on cod stocks.(2)Sweden provided information on the cod catches by a group of vessels fishing in the Skagerrak and Kattegat for Norway lobster with a selective sorting grid as defined in Appendix 2 to Annex III to Regulation (EC) No 43/2009Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ L 22, 26.1.2009, p. 1).. On the basis of that information, as assessed by STECF, it can be established that the cod catches, including discards, of vessels involved in that activity during the period that they deploy solely that selective fishing gear, do not exceed 1,5 % of the total catches of the group of vessels involved in that activity during that same period. Moreover, having regard to the Swedish control program for cod stocks in the North Sea, Skagerrak and the Kattegat and considering that the inclusion of that group would constitute an administrative burden disproportionate to its overall impact on cod stocks, it is appropriate to exclude the group of vessels fishing in the Skagerrak and Kattegat for Norway lobster with a selective sorting grid, for the period where they solely deploy the gear in question, from the application of the effort regime laid down in Chapter III of Regulation (EC) No 1342/2008.(3)Spain provided information on cod catches by a group of vessels fishing with bottom trawls to the West of Scotland mainly for hake. On the basis of that information, as assessed by STECF, it can be established that the cod catches, including discards, of vessels involved in that activity, do not exceed 1,5 % of the total catches of that group of vessels during that same period. Having moreover regard to the measures in place ensuring the monitoring and control of the fishing activities of the group of vessels involved in that activity and considering that the inclusion of that group would constitute an administrative burden disproportionate to its overall impact on cod stocks, it is appropriate to exclude the group of vessels fishing with bottom trawls to the West of Scotland mainly for hake, from the application of the effort regime laid down in Chapter III of Regulation (EC) No 1342/2008.(4)Considering that Member States are managing the effort and the compliance with effort limitations on the basis of the fishing season running from 1 February 2009 until 31 January 2010 and having regard to the fact that Regulation (EC) No 1342/2008 was adopted only shortly before the start of that season, it is appropriate that these exemptions be applicable for the entire fishing season and therefore that they apply from 1 February 2009.(5)In order to ensure certainty for the fishermen concerned and to allow them to plan their activities for the current fishing season as soon as possible, it is imperative to grant an exception to the six-week period referred to in Title I, Article 3, of the Protocol on the role of national Parliaments in the European Union annexed to the Treaty on the European Union and to the Treaties establishing the European Communities,HAS ADOPTED THIS REGULATION: