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Council Regulation (EC) No 1342/2008 (repealed)Show full title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a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004 (repealed)

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CHAPTER VDECISION-MAKING AND FINAL PROVISIONS

Article 30Decision-making procedure

Where this Regulation provides for decisions to be taken by the Council, the Council shall act by qualified majority on the basis of a proposal from the Commission.

Article 31Amendments to Annex I

Based on the advice of STECF, the Commission may amend the Annex I to this Regulation in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002 and on the basis of the following principles:

(a)

effort groups shall be laid down as homogeneously as possible with respect to the biological stocks captured, the sizes of fish captured either as target or as by-catch and the effects on the environment of the fishing activities associated to the effort groups;

(b)

the number and size of effort groups shall be cost-efficient in terms of management burden relative to conservation needs.

Article 32Detailed 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 33Assistance 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 34Review

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 35Repeal

Regulation (EC) No 423/2004 is hereby repealed.

Article 36Entry 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.

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