HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 343/30
EN
Official Journal of the European Union
14.12.2012
REGULATION (EU) No 1152/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 November 2012
amending Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation
of fisheries resources under the common fisheries policy
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(4) Rules
in
place
restricting
access
to
fisheries
resources
EUROPEAN UNION,
within the 12 nautical mile zone have had positive
effects on conservation by restricting fishing effort in
the most sensitive part of Union waters. Those rules
have also preserved traditional fishing activities which
Having regard to the Treaty on the Functioning of the European
are important for the social and economic development
Union, and in particular Article 43(2) thereof,
of certain coastal communities.
Having regard to the proposal from the European Commission,
(5) The
derogation
entered
into
force
on
1
January
2003
and is to expire on 31 December 2012. Its validity
should be extended pending the adoption of a new regu
lation, based on the Commission proposal for a regu
After transmission of the draft legislative act to the national
lation of the European Parliament and of the Council
parliaments,
on the common fisheries policy.
Having regard to the opinion of the European Economic and
(6) Regulation
(EC)
No
2371/2002
should
therefore
be
Social Committee ( 1 ),
amended accordingly,
Acting in accordance with the ordinary legislative procedure ( 2 ),
HAVE ADOPTED THIS REGULATION:
Whereas:
Article 1
In Article 17(2) of Regulation (EC) No 2371/2002, the first
subparagraph is replaced by the following:
(1)
Union fishing vessels have equal access to Union waters
and resources, subject to the rules of the common
fisheries policy.
‘2. In
the
waters
up
to
12
nautical
miles
from
baselines
under their sovereignty or jurisdiction, Member States shall
be authorised from 1 January 2013 to 31 December 2014 to
(2) Regulation
(EC)
No
2371/2002
(
restrict fishing to fishing vessels that traditionally fish in

3 ) provides for a dero
gation from the equal access rule, whereby Member
those waters from ports on the adjacent coast. This shall
States are authorised to restrict fishing to certain
be without prejudice to the arrangements for Union fishing
vessels in waters up to 12 nautical miles from their
vessels flying the flag of other Member States under existing
baselines.
neighbourhood relations between Member States and the
arrangements contained in Annex I, fixing for each Member
State the geographical zones within the coastal bands of
other Member States where fishing activities are pursued
(3) On
13
July
2011,
in
accordance
with
Regulation
(EC)
No
and the species concerned.’.
2371/2002, the Commission presented a report to the
European Parliament and to the Council on the
arrangements concerning access to fisheries resources
within the 12 nautical mile zone. That report
Article 2
concluded that the access regime is very stable and that
This Regulation shall enter into force on the seventh day
it has continued to operate satisfactorily since 2002.
following that of its publication in the Official Journal of the
European Union.
( 1 ) OJ C 351, 15.11.2012, p. 89.
( 2 ) Position of the European Parliament of 25 October 2012 (not yet
published in the Official Journal) and decision of the Council of
13 November 2012.
( 3 ) OJ L 358, 31.12.2002, p. 59.
It shall apply from 1 January 2013.

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EN
14.12.2012 Official
Journal
of
the
European
Union L
343/31
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 21 November 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS

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Document Outline

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