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22.11.2013 Official
Journal
of
the
European
Union L
313/47
COMMISSION IMPLEMENTING REGULATION (EU) No 1188/2013
of 21 November 2013
providing for a reduced notification period before arrival at port for Union vessels engaged in
fisheries on Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian
peninsula which land in Spanish ports
THE EUROPEAN COMMISSION,
Western Iberian peninsula and bottom trawlers in
Portuguese waters.
Having regard to the Treaty on the Functioning of the European
Union,
(5) Southern
hake
and
Norway
lobster
stocks
in
the
Cant
abrian Sea and Western Iberian peninsula are subject to
Having regard to Council Regulation (EC) No 1224/2009 of
the multiannual plan set out by Council Regulation (EC)
20 November 2009 establishing a Community control system
No 2166/2005 of 20 December 2005 establishing
for ensuring compliance with the rules of the common fisheries
measures for the recovery of the Southern hake and
policy, amending Regulations (EC) No 847/96, (EC) No
Norway lobster stocks in the Cantabrian Sea and
2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No
Western Iberian peninsula and amending Regulation
2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No
(EC) No 850/98 for the conservation of fishery
509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No
resources through technical measures for the protection
1300/2008, (EC) No 1342/2008 and repealing Regulations
of juveniles of marine organisms ( 2 ).
(EEC) No 2847/93, (EC) No 1627/94 and (EC) No
1966/2006 ( 1 ), and in particular Article 17(6) thereof,
(6) Spatial
data
provided
by
Spain
shows
that
the
specific
fleets flying the flag of Spain mentioned in recital (4)
Whereas:
operate, as a general rule, in fishing grounds which are
less than four hours distance from their landing ports.
On the other hand, those landing ports are always at a
(1) Pursuant
to
Article
17(1)
of
Regulation
(EC)
No
distance less than two hours and a half from the Spanish
1224/2009, masters of Union fishing vessels of 12
control authorities’ offices. Therefore, should the vessels
metres’ length overall or more engaged in fisheries on
in question be selected for inspection, a prior notification
stocks subject to a multiannual plan, which are under the
period of at least two hours and a half would allow the
obligation to record fishing logbook data electronically,
concerned control authorities to carry out the
are under the obligation to notify the competent auth
corresponding inspection. Accordingly, it is appropriate
orities of their flag Member State of their intention to
to reduce the prior notification period to at least two
land at least four hours before the estimated time of
hours and a half.
arrival at port.
(7) For
reasons
of
equal
treatment,
the
same
reduced
prior
(2) Pursuant
to
Article
17(2),
when
Union
fishing
vessels
notification period should apply to vessels of other
intend to enter a port in a Member State other than
Member States intending to land in Spanish ports.
their flag Member State, the competent authorities of
their flag Member State are under the obligation to
forward, immediately upon receipt, the electronic prior
notification to the competent authorities of the coastal
(8)
Spain should assess the impact of the reduced notifi
cation period on the control of landings of the vessels
Member State.
concerned one year after the entry into force of this
Regulation and submit a report to the Commission.
(3) Pursuant
to
Article
17(6),
the
Commission
may
make
The Commission will monitor the application of the
provision for another notification period, taking into
reduced prior notification period with regard to the
account, inter alia, the type of fisheries products, the
effective inspection of the concerned vessels by the
distance between the fishing grounds, landing places
national control authorities. If, on the basis of the
and ports where the vessels are registered.
findings of the report submitted by Spain or on the
basis of the verifications, inspections and audits carried
out by the Commission within the framework of Title X
(4) On
28
September
2012,
Spain
requested
that
the
notifi
of Regulation (EC) No 1224/2009, it appears the reduced
cation period provided for in Article 17(1) of Regulation
notification period is insufficient to ensure proper
(EC) No 1224/2009 be reduced to at least two hours and
control of landings by Spain, the Commission will
a half for vessels flying the flag of Spain engaged in
revise that period accordingly.
fisheries on Southern hake and Norway lobster stocks
in the Cantabrian Sea and Western Iberian peninsula.
Of the various fleets operating under the plan, the
(9) The
measures
provided
for
in
this
Regulation
are
in
request concerns bottom trawlers, netters, bottom long
accordance with the opinion of the Committee for
liners for fishing carried out in Cantabrian Sea and North
Fisheries and Aquaculture,
( 1 ) OJ L 343, 22.12.2009, p. 1.
( 2 ) OJ L 345, 28.12.2005, p. 5.

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L 313/48
EN
Official Journal of the European Union
22.11.2013
HAS ADOPTED THIS REGULATION:
(b) bottom trawlers (TR) engaged in fisheries on Southern hake
and Norway lobster stocks subject to the multiannual plan
Article 1
established by Regulation (EC) No 2166/2005 in Portuguese
1. For
Union
fishing
vessels
engaged
in
fisheries
subject
to
waters (ICES Division IXa).
the multiannual plan established by Regulation (EC) No
2166/2005, which land their catches in Spain and belong to
the fleets listed in paragraph 2, the minimum notification
Article 2
period of four hours provided for in Article 17(1) of Regulation
(EC) No 1224/2009 shall be reduced to two hours and a half.
One year after the entry into force of this Regulation, Spain
shall submit a report to the Commission concerning the impact
2. Paragraph
1
shall
apply
only
to
the
following
fishing of the reduced notification period on the control of landings of
vessels:
the vessels referred to in Article 1.
(a) bottom trawlers (TR), netters (GN) and bottom long liners
(LL) engaged in fisheries on Southern hake and Norway
Article 3
lobster stocks subject to the multiannual plan established
by Regulation (EC) No 2166/2005 in the Cantabrian Sea
This Regulation shall enter into force on the seventh day
and North Western Iberian peninsula (ICES Divisions VIIIc
following that of its publication in the Official Journal of the
and IXa);
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 November 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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