Search Legislation

Advanced Search

Council Regulation (EC) No 1342/2008 (repealed)Show full title

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a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004 (repealed)

Help about what version

What Version

Help about advanced features

Advanced Features

Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Status:

Point in time view as at 01/01/2017.

Changes to legislation:

There are currently no known outstanding effects for the Council Regulation (EC) No 1342/2008 (repealed). Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

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a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004 (repealed)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament(1),

Whereas:

[X1(1) Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (2) intends to ensure the safe recovery of the cod stocks in the Kattegat, the North Sea including the Skagerrak and the eastern Channel, the west of Scotland and the Irish Sea, to the precautionary stock sizes advised by scientists within a time-frame of five to ten years.]

(2) Recent scientific advice from the International Council for the Exploration of the Sea (ICES) has indicated that the reductions in cod catches arising from the collective effect of total allowable catches (TACs), technical measures and complementary effort management measures, including monitoring and control to prevent the catching and landing of cod caught by illegal, unreported and unregulated fishing, have been far from sufficient to reduce fishing mortalities to levels required to allow the cod stocks to rebuild and none of the four cod stocks covered by Regulation (EC) No 423/2004 show clear signs of recovery, although the stocks in the North Sea are showing some signs of improvement.

(3) It appears necessary to reinforce the regime and to introduce a long-term plan in order to achieve sustainable exploitation of cod stocks on the basis of maximum sustainable yield.

(4) According to recent scientific submissions, in particular on long-term trends of marine ecosystems, desirable long-term levels of biomass cannot be determined with accuracy. As a consequence, the objective of the long-term plan should be changed from a biomass-based target to a fishing mortality-based target, which should also be applied to permitted levels of fishing effort.

(5) The North Sea cod stock is shared with Norway and is jointly managed. The measures provided for in this Regulation should take due account of consultations with Norway pursuant to the Agreement on fisheries between the European Economic Community and the Kingdom of Norway(3).

(6) In the event that the Scientific, Technical and Economic Committee for Fisheries (STECF) is not able to advise on a TAC due to lack of sufficiently accurate and representative information, provisions should be established to ensure that a TAC can be set in a consistent manner even under poor data conditions.

(7) In order to ensure the attainment of fishing mortality targets, and to contribute to minimising discards, fishing opportunities in terms of fishing effort need also to be fixed at levels which are consistent with the multiannual strategy. Such fishing opportunities should, as far as possible, be defined by types of fishing gear on the basis of current fishing practices. It is appropriate to provide for a periodical review of the effectiveness of the management system and to ensure, in particular, that when cod stocks reach levels that allow for exploitation rendering maximum sustainable yield, the system of regulating fishing effort is reviewed.

(8) New mechanisms should be introduced to encourage fishermen to engage in cod-avoidance programmes. Any such cod-avoidance or discard reduction programmes are more likely to succeed if they are developed in cooperation with the fishing industry. Accordingly, such programmes developed with Member States should be considered an effective means of promoting sustainability and their development should be encouraged. Moreover, Member States should exercise their power to allocate access to fishing for cod stocks so as to encourage their fishermen to fish in ways that result in more selective fishing and are less harmful to the environment.

(9) The establishment and allocation of catch limits, the fixing of the minimum and precautionary levels of stocks and of the level of fishing mortality rates, as well as the maximum allowable fishing effort for each effort group by Member State and the exclusion of certain groups of vessels from the effort regime laid down in this Regulation are measures of prime importance in the common fisheries policy (CFP). It is appropriate that the Council should reserve for itself the right to exercise implementing powers directly in relation to these specific matters.

(10) The measures necessary for the implementation of certain provisions of this Regulation, in particular, those related to the adaptations of fishing effort limits within the maximum allowable fishing effort established by the Council should be adopted [X1in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4) .]

(11) Control measures in addition to those laid down in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(5) should be introduced to ensure compliance with the measures laid down in this Regulation.

(12) Rules should be established to qualify the long-term plan introduced by this Regulation taking into account the situation of the relevant stocks as a recovery plan within the meaning of Article 5 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy(6), and for the purposes of Article 21(a)(i) of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund(7) or, in the alternative, as a management plan within the meaning of Article 6 of Regulation (EC) No 2371/2002, and for the purposes of Article 1(a)(iv) of Regulation (EC) No 1198/2006.

(13) Regulation (EC) No 423/2004 should be repealed and replaced by this Regulation,

HAS ADOPTED THIS REGULATION:

Editorial Information

CHAPTER IU.K.SUBJECT MATTER AND DEFINITIONS

Article 1U.K.Subject matter

This Regulation establishes a plan for four cod stocks corresponding to the following geographical areas:

(a)

the Kattegat;

(b)

the North Sea, the Skagerrak and the eastern Channel;

(c)

the west of Scotland;

(d)

the Irish Sea.

[F1Article 2 U.K. 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 (8) shall apply.]

Textual Amendments

Article 3U.K.Geographical definitions

For the purposes of this Regulation, the following geographical definitions of geographical areas shall apply:

(a)

‘Kattegat’ means that part of Division IIIa, as delineated by ICES, that is bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenore to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;

(b)

‘North Sea’ means ICES Subarea IV and that part of ICES Division IIIa not covered by the Skagerrak and Kattegat and that part of ICES Division IIa which lies within waters under the sovereignty or jurisdiction of Member States;

(c)

‘Skagerrak’ means that part of ICES Division IIIa bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from that point to the nearest point on the Swedish coast;

(d)

‘eastern Channel’ means ICES Division VIId;

(e)

‘Irish Sea’ means ICES Division VIIa;

(f)

‘west of Scotland’ means ICES Division VIa and that part of ICES Division Vb which lies within waters under the sovereignty or jurisdiction of Member States.

F2Article 4U.K. [F2Calculation of fishing effort]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F1Article 5 U.K. 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.

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.]

Textual Amendments

CHAPTER IIU.K.TOTAL ALLOWABLE CATCHES

[F1Article 6 U.K. 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.]

Textual Amendments

F2Article 7U.K. [F2Procedure for setting TACs for cod stocks in the Kattegat the west of Scotland and the Irish Sea

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Article 8U.K. Procedure for setting TACs for the cod stock in the North Sea, the Skagerrak and the eastern Channel]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F1Article 9 U.K. 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.]

Textual Amendments

[F3CHAPTER IIa U.K. MEMBER STATES' OBLIGATIONS]

[F1Article 10 U.K. 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 (9) 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);

(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.]

Textual Amendments

Textual Amendments

F2CHAPTER IIIU.K. [F2FISHING EFFORT LIMITATION

F2Article 11U.K. Fishing effort regime

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Article 12U.K. Fishing effort allocations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Article 13U.K. Allocation of additional fishing effort for highly selective gear and cod-avoiding fishing trips

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Article 14U.K. Member States’ obligations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Article 15U.K. Regulation of fishing effort

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Article 16U.K. Exchange of maximum allowable fishing effort between Member States and reconstitution of effort

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Article 17U.K. Exchange of maximum allowable fishing effort across effort groups]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER IVU.K.MONITORING, INSPECTION AND SURVEILLANCE

F4Article 18U.K. [F4Relationship with Regulation (EEC) No 2847/93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Article 19U.K. Logbook checks

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Article 20U.K. Weighing of cod first landed

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Article 21U.K. Inspection benchmarks

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Article 22U.K. Prohibition on transhipping

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Article 23U.K. National control action programmes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Article 24U.K. Prior notification]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 25U.K.Designated ports

1.Where more than two tonnes of cod are to be landed in the Community from a Community fishing vessel, the master of the vessel shall ensure that such landings are made only at designated ports.

2.Each Member State shall designate ports into which any landing of cod in excess of two tonnes shall take place.

3.Each Member State shall make available on their public website the list of designated ports and associated inspection and surveillance procedures for those ports, including the terms and conditions for recording and reporting the quantities of cod within each landing.

The Commission shall transmit this information to all Member States.

F4Article 26U.K. [F4Margin of tolerance in the estimation of quantities reported in the logbook

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Article 27U.K. Separate stowage of cod

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Article 28U.K. Transport of cod

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Article 29U.K. Specific monitoring programmes]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER VU.K.DECISION-MAKING AND FINAL PROVISIONS

F2Article 30U.K. [F2Decision-making procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Article 31U.K. Amendments to Annex I]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 32U.K.Detailed rules

Detailed rules for the application of Articles 11(3), 14, 16 and 17 of this Regulation may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.

Article 33U.K.Assistance under the European Fisheries Fund

1.For each of the four cod stocks referred to in Article 1, for those years in which the stock is situated below the relevant precautionary spawning biomass level set out in Article 6, the long-term plan shall be deemed to be a recovery plan within the meaning of Article 5 of Regulation (EC) No 2371/2002, and for the purposes of Article 21(a)(i) of Regulation (EC) No 1198/2006.

2.For each of the four cod stocks referred to in Article 1, for those years other than those referred to in paragraph 1, the long-term plan shall be deemed to be a management plan within the meaning of Article 6 of Regulation (EC) No 2371/2002, and for the purposes of Article 21(a)(iv) of Regulation (EC) No 1198/2006.

Article 34U.K.Review

The Commission shall, on the basis of advice from STECF and after consultation of the relevant Regional Advisory Council, evaluate the impact of the management measures on the cod stocks concerned and the fisheries on those stocks, at the latest in the third year of application of this Regulation and then each third successive year of application of this Regulation and, where appropriate, propose relevant measures to amend it.

Article 35U.K.Repeal

[X1Regulation (EC) No 423/2004 is hereby repealed. References to the provisions of Regulation (EC) No 423/2004 shall be construed as references to the provisions of this Regulation.]

Editorial Information

Article 36U.K.Entry into force

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

It shall apply from 1 January 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

F2ANNEX IU.K.

[ F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21.Gear groupingsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22.Groupings of geographical areas:U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2ANNEX IIU.K. [F2SPECIFIC INSPECTION BENCHMARKS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2ANNEX IIIU.K. CONTENTS OF NATIONAL CONTROL ACTION PROGRAMMES]

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22.Electronic recording and reporting of information relating to fishing activitiesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23.Designation of portsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24.Notification prior to landingU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25.Landings controlU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26.Inspection proceduresU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2ANNEX IVU.K.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(1)

Opinion of 21 October 2008 (not yet published in the Official Journal).

(8)

[F1Regulation (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 ).]

(9)

[F1Council 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 ).]

Editorial Information

Textual Amendments

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources