HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 218/8
EN
Official Journal of the European Union
15.8.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 737/2012
of 14 August 2012
on the protection of certain stocks in the Celtic Sea
THE EUROPEAN COMMISSION,
used and protect the juvenile fish entering the stock,
whilst maintaining as much of the catches of target
species as possible. Square-meshed panels have been
Having regard to the Treaty on the Functioning of the European
shown to reduce fishing mortality significantly by
Union,
allowing fish to escape and are an effective measure
that can be introduced immediately.
Having regard to Council Regulation (EC) No 850/98 of
30 March 1998 for the conservation of fisheries resources
(6) In
October
2011
the
North
Western
Waters
Regional
through technical measures for the protection of juveniles of
Advisory Council (NWWRAC) issued advice that the
marine organisms ( 1 ), and in particular Article 45(1) thereof,
current technical measures in the Celtic Sea should be
improved to reduce discards, especially of haddock and
whiting, by requiring the use of an appropriately posi
Whereas:
tioned square-meshed panel of a specified size depending
on the gear type and engine power of the vessel.
(1) In
accordance
with
Council
Regulation
(EC)
No
2371/2002 of 20 December 2002 on the conservation
(7) Therefore,
the
conservation
of
haddock
and
whiting
and sustainable exploitation of fisheries resources under
stocks in the Celtic Sea require immediate action.
the Common Fisheries Policy ( 2 ), the common fisheries
policy must provide for coherent measures concerning
the conservation, management and exploitation of
(8) The
measures
provided
for
in
this
Regulation
are
in
living aquatic resources, including specific measures to
accordance with the opinion of the Management
reduce the impact of fishing activities on marine
Committee for Fisheries and Aquaculture,
ecosystems and non-target species.
HAS ADOPTED THIS REGULATION:
(2) Article
45(1)
of
Regulation
(EC)
No
850/98
provides
that, where the conservation of stocks of marine
organisms calls for immediate action, the Commission
Article 1
may, in addition to or by way of derogation from that
Scope
Regulation, adopt any measures necessary.
1. This
Regulation
shall
apply
to
fishing
vessels
operating
with bottom trawls or seines in the International Council for
(3) Advice
received
in
June
2011
from
the
International the Exploration of the Sea (ICES) divisions VIIf, VIIg and the
Council for the Exploration of the Sea (hereinafter
part of VIIj that lies north of latitude 50° N and east of 11° W
‘ICES’) shows that discarding rates in the Celtic Sea,
(hereinafter the ‘Celtic Sea’), where:
particularly of juvenile haddock and whiting, are high
and increasing. Discarding fish before they have
reproduced reduces the potential yield for future years
(a) bottom trawls and seines are of single mesh size equal to or
and thus threatens the sustainability of the stocks.
larger than 100 millimetres (hereinafter ‘TR1 vessels’);
(b) bottom trawls and seines are of single mesh size equal or
(4) Both
the
fleets
targeting
Norway
lobster
and
the
fleets
using bottom trawls and seines to target mixed finfish
larger than 70 millimetres and less than 100 millimetres
have high levels of haddock and whiting discards due to
(hereinafter ‘TR2 vessels’); or
the poor selectivity of the gears used. ICES also states
that the cod stock is highly dependent on recruitment of
(c) where the vessel using bottom trawls or seines has an
fish, and that technical measures should be encouraged
engine power of less than 112 kilowatts (hereinafter ‘low-
to reduce discards. With recent high recruitment in both
powered vessels’).
haddock and whiting stocks in the Celtic Sea, discarding
is expected to get worse this year. Consequently, ICES
advises that technical measures should be introduced
2. Paragraph
1
shall
not
apply
to
fishing
vessels
operating
urgently to increase selectivity and reduce discards of
with beam trawls.
haddock, whiting and cod.
Article 2
(5) It
is
therefore
necessary
to
introduce
the
use
of
square-
Technical measures
meshed panels to improve the size selectivity of the gears
1. By way of derogation from point (a) of Article 7(1) of
( 1 ) OJ L 125, 27.4.1998, p. 1.
Regulation (EC) No 850/98, the following technical measures
( 2 ) OJ L 358, 31.12.2002, p. 59.
shall apply for vessels as referred to in Article 1:

---

EN
15.8.2012 Official
Journal
of
the
European
Union L
218/9
(a) TR1 and low-powered vessels shall use a square-meshed
immediately establish an onboard observer programme to
panel of a mesh size of at least 100 millimetres;
record the effectiveness of those measures. In particular, the
observer programme shall estimate haddock, whiting and cod
(b) TR2 vessels shall use a square-meshed panel of a mesh size
catches and discards with a precision of no less than 20 %.
of at least 110 millimetres.
2. Member
States
shall
submit
to
the
Commission
a
report
2. By way of derogation from point (a) of Article 7(2) of
on the selective performance of the gear, including the total
Regulation (EC) No 850/98, the square-meshed panel as referred
catches and discards of vessels subject to the observer
to in paragraph 1 shall be placed into the top panel of the
programme no later than 15 October of each year in which
codend. The rearmost edge of the square-meshed panel, which
the programme is implemented.
is the part closest to the codline, shall be no more than 9
metres from the codline.
Article 4
Article 3
Entry into force and application
Onboard observer programme
This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.
1. Without
prejudice
to
Commission
Regulation
(EC)
No
665/2008 ( 1 ), each Member State whose vessels are concerned
by the technical measures referred to in Article 2 shall
Article 2 shall apply from 26 September 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 August 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 186, 15.7.2008, p. 3.

---

Document Outline

• �

---