Commission Implementing Regulation (EU) No 1211/2011 of 23 November 2011 operating deductions from certain fishing effort for 2011 on account of overfishing by certain Member States in the previous year
Grade B
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Address https://gelex.eu/eli/EU/regulation/2011/1211@2011-11-23/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006, and in particular Articles 106(1) thereof,
Whereas:
(1) Council Regulation (EC) No 1415/2004 of 19 July 2004 fixing the maximum annual fishing effort for certain fishing areas and fisheries establishes the maximum annual fishing effort for certain fishing areas and fisheries, in particular for scallops in certain areas of Ireland.
(2) 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 establishes a fishing effort limitation for four cod stocks in certain geographical areas.
(3) Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009 establishes the maximum allowable fishing effort for the year 2010.
(4) Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters establishes the maximum allowable fishing effort for the year 2011.
(5) According to Article 106(1) of Council Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing effort which has been allocated to it, the Commission shall operate deductions from future fishing effort allocations to that Member State.
(6) Articles 106(2) of Council Regulation (EC) No 1224/2009 establish the criteria and conditions for the operation of such deductions by the Commission.
(7) Certain Member States have exceeded their fishing effort allocation for the year 2010. It is therefore appropriate to operate deductions from the fishing effort allocated to them in the year 2011.
HAS ADOPTED THIS REGULATION:
Article 1
The maximum allowable fishing effort fixed in Council Regulation (EU) No 57/2011 and, for certain fishing areas and fisheries in Council Regulation (EC) No 1415/2004, is reduced for 2011 for certain Member States as set out in the Annex.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 November 2011. For the Commission The President José Manuel Barroso
ANNEX
ANNEX (a)(b)(b)(d)(b)(c)
Member State Geographical area/Species Gears Initial 2010 (kW-days) Changes 2010 Effort uptake (kW-days) % Uptake Related to permitted allocation Effort deduction (kW-days) Multiplying factor Art. 106(2) Reg. 1224/09 Effort deduction 2011 (kW-days) Effort allocation 2011 (kW-days) Revised effort allocation 2011 (kW-days) Art. 11 exclusions (kW-days) Art. 13 avoidance (kW-days) Art. 16 ex-change (kW-days) Art. 17 transfers (kW-days) Effort adapted (kW-days) Germany Kattegat TR2 9316 0 1702 14258 25276 26657 105,46 % 5,46 % –1381 1,1 –1519 6987 5468 Germany Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId TR2 516154 0 0 –94507 421647 421766 100,03 % 0,03 % –119 1 –119 436666 436547 Ireland ICES VII, Scallops 525012 259012 270368 104,38 % 4,38 % –11356 1 –11356 525012 513656 France Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId TR1 2214240 0 339670 0 2553910 2680473 104,96 % 4,96 % –126563 1 –126563 1840286 1713723 France ICES zone VIa and EU waters of ICES zone Vb TR1 3387803 702070 10299 –178123 2517909 2611435 103,71 % 3,71 % –93526 1 –93526 1980786 1887260 United Kingdom Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId TR1 8938164 0 2819635 660115 12417914 12450755 100,26 % 0,26 % –32841 1 –32841 7561687 7528846 TR2 7409969 0 2010770 0 9420739 10274753 109,07 % 9,07 % –854014 1,1 –939415 6268834 5329419 United Kingdom ICES zone VIIa TR2 1934646 0 366622 300000 2601268 2931719 112,70 % 12,70 % –330451 1,2 –396541 1450985 1054444
Versions
Cited by
- Commission Implementing Regulation (EU) No 1241/2011 of 30 November 2011 repealing Implementing Regulation (EU) No 1211/2011 operating deductions from certain fishing effort for 2011 on account of overfishing by certain Member States in the previous year Regulation · Grade B
Commission Implementing Regulation (EU) No 1211/2011 reduces for certain Member States the maximum allowable fishing effort fixed in Council Regulation (EU) No 57/2011 and for certain fishing areas and fisheries in Council Regulation (EC) No 1415/2004.
- Commission Implementing Regulation (EU) No 1241/2011 of 30 November 2011 repealing Implementing Regulation (EU) No 1211/2011 operating deductions from certain fishing effort for 2011 on account of overfishing by certain Member States in the previous year Regulation · Grade B
On the basis of recent correspondence with certain Member States, there is a need for additional verification of the information underlying Implementing Regulation (EU) No 1211/2011 and the quantities of effort deducted as set out in the Annex to Implementing Regulation (EU) No 1211/2011.
- Commission Implementing Regulation (EU) No 1241/2011 of 30 November 2011 repealing Implementing Regulation (EU) No 1211/2011 operating deductions from certain fishing effort for 2011 on account of overfishing by certain Member States in the previous year Regulation · Grade B
Considering that Implementing Regulation (EU) No 1211/2011 will be directly applicable in all Member States after its entry into force and considering the direct impact it may have on the fishing activities of certain EU operators, it is appropriate for it to be repealed as from that date pending verification and replacement by a new Regulation. This is without prejudice to the obligation of the Commission to operate deductions of fishing effort on account of overfishing in 2010 in subsequent years,
- Commission Implementing Regulation (EU) No 1241/2011 of 30 November 2011 repealing Implementing Regulation (EU) No 1211/2011 operating deductions from certain fishing effort for 2011 on account of overfishing by certain Member States in the previous year Regulation · Grade B
Implementing Regulation (EU) No 1211/2011 is hereby repealed.