HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 352/10
EN
Official Journal of the European Union
21.12.2012
COUNCIL REGULATION (EU) No 1243/2012
of 19 December 2012
amending Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the
fisheries exploiting those stocks
THE COUNCIL OF THE EUROPEAN UNION,
fixing of the TAC established in Articles 7 and 8 cannot
be applied due to lack of sufficiently accurate and repre
sentative information. Although the application of the
automatic yearly TAC reductions of 25 % had been
Having regard to the Treaty on the Functioning of the European
intended to apply in exceptional circumstances only,
Union, and in particular Article 43(3) thereof,
from 2009 until 2012, it became the rule. Consequently,
since the entry into force of the Cod Plan, the TACs for
the areas concerned have been reduced significantly and
further automatic cuts would lead to the effective closure
Having regard to the proposal from the European Commission,
of the cod fisheries in the areas concerned. The scientific
evaluation carried out by the STECF suggests that, for the
purpose of attaining the objectives of the Cod Plan, it
would be more appropriate in some cases to allow more
flexibility to reflect the scientific advice on a case by case
Whereas:
basis. As part of that flexibility, it is, therefore, appro
priate to allow suspension, under certain conditions, of
the annual reduction in the TAC or an alternative TAC
level to be set, without jeopardising the objectives of the
(1) Council
Regulation
(EC)
No
1342/2008
( 1 ) establishes a
Cod Plan.
long-term plan for cod stocks in the Kattegat; the North
Sea, the Skagerrak and the eastern Channel; the west of
Scotland; and the Irish Sea, and the fisheries exploiting
those stocks (‘the Cod Plan’). The objective of the Cod
Plan is to ensure the sustainable exploitation of those cod
(5) Article
12
contains
detailed
rules
for
the
fixing
of
the
stocks on the basis of maximum sustainable yield. This
allowable fishing effort. Given that the same percentage
objective is to be attained while maintaining a specific
adjustments apply, in accordance with Article 12(4), to
level of fishing mortality of cod on appropriate age
allowable fishing effort in line with the automatic annual
groups.
reductions in fishing mortality (under Articles 7 and 8)
and with the automatic annual reductions in the TAC
(under Article 9), allowable fishing effort has been
reduced by 25 % per year from 2009 to 2012 in the
(2)
Articles 7, 8 and 9 and Article 12 of the Cod Plan
areas to which Article 9 has applied and significantly
contain, for the purpose of attaining the objective of
reduced in the areas to which Article 8 has applied.
the Cod Plan, specific rules prescribing a detailed
Consequently, since the entry into force of the Cod
methodology for the annual fixing of, on the one
Plan, allocations of the maximum allowable fishing
hand, total allowable catches (TACs) and, on the other
effort have been significantly reduced for the main cod
hand, fishing effort limitations.
catching gears. According to scientific advice, it cannot
be demonstrated that such automatic annual reductions
in the allowable fishing effort have lead to the expected
reductions in fishing mortality. In practice, the automatic
(3) The
scientific
evaluation
of
the
performance
of
the
Cod
annual effort reductions have also removed or reduced
Plan carried out by the Scientific, Technical and
the incentives for fishermen to reduce fishing mortality
Economic Committee for Fisheries (STECF) has shown a
by the other means foreseen in Article 13. The continued
number of problems with the design and functioning of
application of the automatic annual effort reductions
the Cod Plan. Without putting into question the
would not lead to the achievement of the objectives of
objectives of the Cod Plan, the STECF concluded that
the Cod Plan, but would have a significant economic and
those objectives are unlikely to be achieved within a
social impact on the fleet segments that use the same
time frame that would be in compliance with the
gears, but that fish principally for species other than cod.
conclusions of the World Summit on Sustainable Devel
It is, therefore, appropriate to enable a more flexible
opment held in Johannesburg in 2002 unless the flaws in
approach that would allow suspension of the automatic
the design of the Cod Plan, relating, inter alia, to the
annual reduction in the fishing effort, without jeop
application of its Articles 9 and 12, are corrected.
ardising the objectives of the Cod Plan.
(4) Article
9
contains
detailed
rules
for
the
fixing
of
the (6)
In view of the above, it is essential that Articles 9 and 12
TACs in poor data conditions where the rules for the
of the Cod Plan be amended urgently so as to enable the
new rules to apply for the purpose of the fixing of
( 1 ) OJ L 348, 24.12.2008, p. 20.
fishing opportunities for 2013.

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EN
21.12.2012 Official
Journal
of
the
European
Union L
352/11
(7) Article
43(2)
TFEU
provides
that
the
European
2. By
way
of
derogation
from
paragraph
1,
where
Parliament and the Council, acting in accordance with
scientific advice indicates that there should be no directed
the ordinary legislative procedure and after consulting
fisheries and that:
the Economic and Social Committee, are to establish
the common organisation of fisheries markets provided
for in Article 40(1) thereof and the other provisions
(a) bycatch should be minimised or reduced to the lowest
necessary for the pursuit of the objectives of the
possible level; and/or
common fisheries policy. Article 43(3) TFEU provides
that the Council, on a proposal from the Commission,
is to adopt measures on the fixing and allocation of
(b) the catches of cod should be reduced to the lowest
fishing opportunities.
possible level;
the Council may decide not to apply an annual adjustment
to the TAC in the subsequent year or in subsequent years,
(8) Amendments
to
Articles
9
and
12
establish
detailed
on condition that the TAC set is for bycatch only.
specific rules for the purpose of fixing fishing oppor
tunities expressed by means of the TAC and of fishing
effort limitations. They adapt the currently applicable
3. Where
there
is
insufficient
information
to
set
the
rules for the fixing of fishing opportunities without
TACs in accordance with Article 8, the TACs for the cod
amending the objective of the Cod Plan. They are,
stock in the North Sea, the Skagerrak and the eastern
consequently, measures on the fixing and allocation of
Channel shall be set by applying paragraphs 1 and 2 of
the TACs and fishing effort limitations and cannot be
this Article mutatis mutandis, unless consultations with
considered either as provisions establishing the
Norway result in a different level of the TAC.
common organisation of fisheries markets, or as other
provisions necessary for the pursuit of the objectives of
the common fisheries policy.
4. When
scientific
advice
indicates
that
the
application
of
the rules set out in Article 8(1) to (4) is not appropriate to
meet the objectives of the plan, the Council may, notwith
standing the above mentioned provisions, decide on an
(9) Regulation
(EC)
No
1342/2008
should,
therefore,
be
alternative TAC level.’.
amended accordingly,
(2) Article 12 is hereby amended as follows:
HAS ADOPTED THIS REGULATION:
(a) paragraph 4 is replaced by the following:
‘4. For
aggregated
effort
groups
where
the
percentage
cumulative catch calculated according to paragraph 3(d)
Article 1
is equal to or exceeds 20 %, annual adjustments shall
Regulation (EC) No 1342/2008 is hereby amended as follows:
apply. The maximum allowable fishing effort of the
groups concerned shall be calculated as follows:
(a) where Articles 7 or 8 apply, by applying to the
(1) Article 9 is replaced by the following:
baseline the same percentage adjustment as that
set out in those Articles for fishing mortality;
(b) where Article 9 applies, by applying the same
‘Article 9
percentage adjustment in fishing effort as the
Special procedure for setting TACs
adjustment of the TAC compared with the
previous year.’;
1. Where
there
is
insufficient
information
to
set
the
TACs in accordance with Article 7, the TACs for cod
stocks in the Kattegat, the west of Scotland and the Irish
(b) the following paragraph is added:
Sea shall be set at a level indicated by scientific advice.
However, if the level indicated by scientific advice is more
than 20 % greater than the TACs in the previous year, they
‘6. By way of derogation from paragraph 4, the
shall be set at a level 20 % greater than the TACs in the
Council may, where the maximum allowable fishing
previous year, or if the level indicated by scientific advice is
effort has been reduced for four consecutive years,
more than 20 % less than the TACs in the previous year
decide not to apply an annual adjustment to the
they shall be set at a level 20 % less than the TACs in the
maximum allowable fishing effort in the subsequent
previous year.
year or in subsequent years.’.

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L 352/12
EN
Official Journal of the European Union
21.12.2012
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the
European Union.
It shall apply from 1 January 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2012.
For the Council
The President
S. ALETRARIS

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Document Outline

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