Judgment_paragraph 5 · European Parliament and European Commission v Council of the European Union (C-132/14, C-133/14, C-134/14, C-135/14, C-136/14)

5Articles 1 to 4 of Regulation No 1385/2013 provide:‘Article 1Amendments to Regulation (EC) No 850/98Regulation (EC) No 850/98 is amended as follows:(1) In Article 2(1), point (h) is replaced by the following:(h) Region 8All waters off the coasts of the French departments of Réunion and Mayotte that fall under the sovereignty or jurisdiction of France.”.(2) The following article is inserted:“Article 34gRestrictions on fishing activities in the 24-mile zone around MayotteVessels shall be prohibited from using any purse seine on tuna and tuna-like schools of fish inside the area within 24 miles of the coasts of Mayotte, as an outermost region within the meaning of Article 349 [TFEU], measured from the baselines from which territorial waters are measured.”.Article 2Amendment to Regulation (EU) No 1379/2013In Article 35 of Regulation (EU) No 1379/2013, the following paragraph is inserted:6. Until 31 December 2021, paragraphs 1, 2 and 3 shall not apply to products offered for retail sale to the final consumer in Mayotte, as an outermost region within the meaning of Article 349 TFEU.”.Article 3Amendments to Regulation (EU) No 1380/2013Regulation (EU) No 1380/2013 [of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ 2013 L 354, p. 22)] is amended as follows:(1) In Article 23, the following paragraph is added:4. By way of derogation from paragraph 1, France shall be authorised, until 31 December 2025, to introduce new capacity without the withdrawal of an equivalent capacity for the various segments in Mayotte, as an outermost region within the meaning of Article 349 [TFEU] (hereinafter ‘Mayotte’), referred to in Annex II.”(2) In Article 36, the following paragraphs are added:5. By way of derogation from paragraph 1, France shall be exempted until 31 December 2021 from the obligation to include in its register of Union fishing vessels those vessels which are less than 10 metres in overall length and which operate from Mayotte.6. Until 31 December 2021, France shall keep a provisional register of fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That register shall contain at least the name, overall length and an identification code of each vessel. Vessels registered in the provisional register shall be considered to be vessels registered in Mayotte.”(3) The entries concerning Mayotte contained in the Annex to this Regulation shall be inserted into the table in Annex II to the Regulation (EU) No 1380/2013 after the entry “Guadeloupe: Pelagic species. L> 12m”.Article 4Amendment to Regulation (EC) No 1069/2009In Regulation (EC) No 1069/2009, Article 56 is replaced by the following:“Article 56Entry into forceThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.It shall apply from 4 March 2011.However, Article 4 shall apply to Mayotte, as an outermost region within the meaning of Article 349 [TFEU] (hereinafter ‘Mayotte’), from 1 January 2021. Animal by-products and derived products generated in Mayotte before 1 January 2021 shall be disposed of in accordance with Article 19(1)(b) of this Regulation.This Regulation shall be binding in its entirety and directly applicable in all Member States.”.’