Nařízení Rady (ES) č. 753/2009 ze dne 27. července 2009, kterým se mění nařízení (ES) č. 43/2009, pokud jde o rybolovná práva a související podmínky pro některé populace ryb

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries PolicyOJ L 358, 31.12.2002, p. 59 . , and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 1342/2008 of 18 December 2008 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 12 thereof,

Having regard to Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and MediterraneanOJ L 96, 15.4.2009, p. 1 . , and in particular Article 9, paragraphs (3), (4), (5), (7), (8), (9) and (10) thereof,

Having regard to the proposal from the Commission,

OJ L 358, 31.12.2002, p. 59 .

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(1) Council Regulation (EC) No 43/2009OJ L 22, 26.1.2009, p. 1 . fixes 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.

(2) Annex IIA to Regulation (EC) No 43/2009 lays down the rules for the management of fishing effort in the context of the long-term plan for the management of Cod stocks established in Regulation (EC) No 1342/2008 and in particular establishes, in Appendix 1 to that Annex, the maximum allowable effort in kW days for each Member State to be deployed in the concerned areas and with the concerned gear groupings. Having regard to Council Regulation (EC) No 754/2009 of excluding certain groups of vessels from the application of the effort regime laid down in Chapter III of Regulation (EC) No 1342/2008See page 16 of this Official Journal. , it is necessary to adjust the maximum allowable effort as laid down in Appendix 1 of Annex IIA to Regulation (EC) No 43/2009 by deducting for Spain 590583 kW-days from effort group TR1 in area (d) and for Sweden 148118 kW-days from effort group TR2 in geographical area (a) and 705625 kW-days from effort group TR2 in geographical area (b). In view of the retroactive application of Regulation (EC) No 754/2009 from 1 February 2009 , these adjustments should apply from that same date.

(3) According to Article 9 of Regulation (EC) No 302/2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, the Council is to determine and distribute among the Member States the maximum number of baitboats and trolling boats authorised to fish actively bluefin tuna in the Atlantic; of vessels fishing actively bluefin tuna in the Adriatic for farming purposes, and of the coastal artisanal baitboats, longliners and handliners fishing actively for fresh bluefin tuna in the Mediterranean. In addition, the Council is to decide on the allocation among Member States of the Community quota of bluefin tuna. The Community quota of undersized bluefin tuna is based on the Community quota allocated to the European Community by ICCAT Recommendation 08-05 amending the Recommendation by ICCAT to establish a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean.

(4) In order to gather more scientific information on krill, a species of fundamental importance to the Antarctic marine ecosystem, it is appropriate to implement multiple recent recommendations from the Conservation of Antarctic Marine Living Resources Scientific Committee, established under the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), reiterated at the 2008 meeting of the Scientific Committee to guarantee a 100 % observer coverage in krill fishery in the CCAMLR Convention Area under Community law.

(5) In the context of the fisheries agreement with Norway, a further 750 tonnes of cod in Norwegian waters of ICES zones I and II have been made available to the Community.

(6) The proposal made by representatives from the European Community, the Faeroe Islands, Greenland, Iceland, Norway and the Russian Federation at a meeting in London from 9 to 11 February 2009 regarding the management of redfish in the Irminger Sea and adjacent waters in the NEAFC Convention Area in 2009 and subsequently agreed by the Contracting Parties of the North-East Atlantic Fisheries Commission (NEAFC) should be implemented in Community law. As that Agreement is applicable for the whole of 2009, the fishing opportunities should apply retroactively from 1 January 2009 .

(7) The conclusions of the EU-Greenland Joint Committee meeting in Copenhagen on 25 November 2008 , as regards the Community share of redfish in Greenland waters of ICES zones V and XIV should be implemented in Community law. As the arrangement concluded with Greenland is connected to the NEAFC Agreement on the management of redfish in the Irminger Sea and adjacent waters, the measures adopted for the implementation of the conclusions of the EU-Greenland Joint Committee meeting should also apply retroactively from 1 January 2009 .

(8) The total allowable catch (TAC) adopted for Greenland halibut in management area EC waters of IIa and IV; EC and international waters of VI, for mackerel in management area VI, VII, VIIIa, VIIIb, VIIId and VIIIe, EC waters of Vb and international waters of IIa, XII and XIV and for horse mackerel in management area VI, VII, VIIIa, VIIIb, VIIId and VIIIe, EC waters of Vb, international waters of XII and XIV, should cover EC waters and international waters of Vb in order to avoid misreporting. The management areas for those TACs should therefore be amended accordingly.

(9) In order to protect juveniles of cod, haddock, saithe and whiting species, a system of real-time closures in the North Sea and Skagerrak should be established, in accordance with the agreed record of conclusions of consultation between the European Community and Norway agreed in London on 3 July 2009 .

(10) It is necessary to correct the provisions regarding the restrictions on fishing for cod, haddock and whiting in ICES zone VI in order to ensure that the geographical scope of the derogations for fishing for nephrops and for fishing with trawls, demersal seines or similar gears is the same.

(11) The proposal made by the Heads of Delegation of the Contracting Parties of the North-East Atlantic Fisheries Commission (NEAFC) (Denmark in respect of the Faeroe Islands and Greenland, European Community, Iceland, Norway and the Russian Federation) at a meeting in London from 24 to 27 March 2009 regarding the protection of vulnerable marine ecosystems from significant adverse impacts in the NEAFC regulatory area and subsequently agreed by the Contracting Parties of NEAFC should be implemented into Community law.

(12) In order to ensure that catches of mackerel by third-country vessels in Community waters are correctly accounted for, it is necessary to put in place strengthened control provisions for such vessels. Having regard to the distribution of the mackerel stock, appearing mainly in the waters of the United Kingdom, it is appropriate that third country vessels transmit their reports to the UK Fisheries Monitoring Centre (Edinburgh).

(13) In order to ensure certainty for the fishermen concerned and to allow them to plan their activities for this 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.

(14) Regulation (EC) No 43/2009 should therefore be amended accordingly,

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

Article 1(6) shall apply from 1 January 2009 , Article 1(7) from 1 February 2009 and Article 1(8)(a),(b), (f) and (g) from 1 September 2009 .

OJ L 348, 24.12.2008, p. 20 .

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Article 2 Article 2 Entry into force

Article 39a Article 39a Labelling of frozen fish

Article 91a Article 91a Maximum number of vessels fishing bluefin tuna in the Eastern Atlantic

Article 91b Article 91b Catch limits for bluefin tuna in the Eastern Atlantic 1.Within the catch limits laid down in Annex ID, the catch limit for bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm applicable to authorised Community vessels referred to in Article 91a, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes): Spain599,3France269,3ECThe Community catch limits are based on the Community quota allocated to the European Community by ICCAT Recommendation 08-05 amending the Recommendation by ICCAT to establish a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean. 868,6 2.Within the catch limits laid down in paragraph 1, the catch limit for bluefin tuna weighing no less than 6,4 kg or measuring no less than 70 cm applicable to bait boats of an overall length of less than 17 metres among the Community vessels referred to in Article 91a, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes): France45This quantity may be revised by the Commission upon request of France, up to an amount of 100 tonnes as indicated by ICCAT Recommendation 08-05.; EC45

Article 91c Article 91c Maximum number of vessels fishing bluefin tuna in the Mediterranean applicable to the Community coastal artisanal fishery

Article 91d Article 91d Catch limits for bluefin tuna in the Mediterranean applicable to the Community coastal artisanal fishery

Article 91e Article 91e Maximum number of vessels fishing bluefin tuna in the Adriatic Sea for farming purposes

Article 91f Article 91f Catch limits for bluefin tuna in the Adriatic Sea for farming purposes

OJ L 96, 15.4.2009, p. 1 .

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OJ L 22, 26.1.2009, p. 1 .

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See page 16 of this Official Journal.

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The Community catch limits are based on the Community quota allocated to the European Community by ICCAT Recommendation 08-05 amending the Recommendation by ICCAT to establish a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean.

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This quantity may be revised by the Commission upon request of France, up to an amount of 100 tonnes as indicated by ICCAT Recommendation 08-05.;

⟪TABLE:tbl_007⟫

The Community catch limits are based on the Community quota allocated to the European Community by ICCAT Recommendation 08-05 amending the Recommendation by ICCAT to establish a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean.

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Of which 350 tonnes are allocated to Norway and are to be taken in the EC waters of ICES zones IIa and VI. In ICES zone VI this quantity may only be fished with long-lines.

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⟪TABLE:tbl_010⟫

May be fished only in ICES zones IIa, VIa (north of 56° 30′ N), IVa, VIId, VIIe, VIIf and VIIh.

May be fished in EC waters of ICES zones IVa north of 59° N from 1 January to 15 February and from 1 October to 31 December. A quantity of 3982 tonnes of the Faeroe Islands' own quota may be fished in ICES zone VIa north of 56° 30′ N throughout the year.

TAC agreed by the EC, Norway and Faeroe Islands for the northern area.

May be fished in ICES zone IV, VIa North of 56° 30′ N, VIIe, VIIf and VIIh.

No more than 70 % of the quota may be taken within the area bounded by the following coordinates and no more than 15 % of the quota may be taken within that area during the period from 1 April to 10 May. (RED/*5X14.)

May only be fished by pelagic trawl. May be fished East or West. The quota may be taken in the NEAFC Regulatory Area on the condition that Greenlandic reporting conditions are fulfilled (RED/*51214).

When frozen, all fish caught in the NEAFC Convention Area shall be identified with a clearly legible label or stamp. The label or stamp, which shall be placed on each box or block of frozen fish, shall indicate the species, production date, the ICES sub-area and division where the catch was taken and the name of the vessel which caught the fish.;

The maximum number of Community bait boats and trolling boats authorised to fish actively bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm in the Eastern Atlantic, and the allocation among the Member States of that maximum number shall be fixed as follows: Spain63France44EC107

Within the catch limits laid down in Annex ID, the catch limit for bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm applicable to authorised Community vessels referred to in Article 91a, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes): Spain599,3France269,3ECThe Community catch limits are based on the Community quota allocated to the European Community by ICCAT Recommendation 08-05 amending the Recommendation by ICCAT to establish a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean. 868,6

Within the catch limits laid down in paragraph 1, the catch limit for bluefin tuna weighing no less than 6,4 kg or measuring no less than 70 cm applicable to bait boats of an overall length of less than 17 metres among the Community vessels referred to in Article 91a, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes): France45This quantity may be revised by the Commission upon request of France, up to an amount of 100 tonnes as indicated by ICCAT Recommendation 08-05.; EC45

The maximum number of Community coastal artisanal fishing vessels authorised to fish actively bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm in the Mediterranean, and the allocation among the Member States of that maximum number shall be fixed as follows: Spain139France86Italy35Cyprus25Malta89EC374

Within the catch limits laid down in Annex ID, the catch limit for bluefin tuna between 8 kg and 30 kg allocated to the Community coastal artisanal fishery for fresh fish by bait boats, longliners and handliners in the Mediterranean referred to in Article 91c, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes): Spain82,3France71,8Italy63,5Cyprus2,3Malta5,3ECThe Community catch limits are based on the Community quota allocated to the European Community by ICCAT Recommendation 08-05 amending the Recommendation by ICCAT to establish a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean. 225,2

The maximum number of Community vessels fishing actively bluefin tuna in the Adriatic Sea for farming purposes authorised to fish bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm, and the allocation among the Member States of that maximum number shall be fixed as follows: Italy68EC68

Within the catch limits laid down in Annex ID, the catch limit for bluefin tuna between and 8 kg and 30 kg allocated to the Community vessels fishing bluefin tuna in the Adriatic Sea for farming purposes referred to in Article 91e, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes): Italy63,5EC63,5

3000 tonnes to be fished with pelagic trawl are allocated to Norway and 200 tonnes are allocated to the Faeroe Islands.

No more than 70 % of the quota may be taken within the area bounded by the following coordinates and no more than 15 % of the quota may be taken within that area during the period from 1 April to 10 May. (RED/*5-14.)

OJ L 333, 20.12.2003, p. 17 .

HAS ADOPTED THIS REGULATION: