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            COUNCIL REGULATION (EC) No 2270/2004

of 22 December 2004         

fixing for 2005 and 2006 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 20 thereof,

Having regard to the proposal of the Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation fixes for 2005 and for 2006, for stocks of deep-sea species and for Community fishing vessels, annual fishing opportunities in zones in Community waters and in certain non Community waters where catch limitations are required, and the specific conditions under which fishing opportunities may be utilised.

Article 2

Definitions

1.   For the purposes of this Regulation, ‘deep-sea fishing permit’ means the fishing permit referred to in Article 3 of Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (11).

2.   The definitions of ICES and CECAF zones are those given, respectively, in Regulation (EEC) No 3880/91 and Regulation (EC) No 2597/95.

Article 3

Fixing of fishing opportunities

Fishing opportunities for stocks of deep-sea species for Community vessels are fixed as set out in the Annex.

Article 4

Allocation among Member States

The allocation of fishing opportunities among Member States provided for in the Annex shall be without prejudice to:

Article 5

Quota flexibility

For the purposes of Regulation (EC) No 847/96, all quotas in the Annex to this Regulation shall be considered ‘Analytic’ quotas.

However, the measures provided for in Article 5(2) of Regulation (EC) No 847/96 shall not apply to those quotas.

Article 6

Conditions for landing catch and by-catch

Fish from stocks for which fishing opportunities are fixed by this Regulation may be retained on board or landed only if they were taken by vessels of a Member State which has a quota which is not exhausted. All landings shall count against the quota.

The first subparagraph shall not apply to catches taken in the course of scientific investigations carried out under Regulation (EC) No 850/98, which shall not count against the quota.

Article 7

Orange Roughy

1.   The Orange Roughy Protection Areas are defined as the following sea areas:

2.   Member States shall ensure that vessels holding a deep-sea fishing permit shall be properly monitored by the Fisheries Monitoring Centres (FMC), which shall have a system to detect and record the vessels’ entry into, transit through and exit from the areas defined in paragraph 1.

3.   Vessels holding a deep-sea fishing permit that have entered the areas defined in paragraph 1 shall not retain on board or tranship any quantity of orange roughy, nor land any quantity of orange roughy at the end of that fishing trip unless:

Article 8

Effort limitations and associated conditions for the management of stocks

Each Member State shall ensure that for 2005 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits do not exceed 90 % of the fishing effort deployed by its vessels in 2003 on trips when deep-sea fishing permits were held and deep sea species, as listed in Annex I and Annex II to Council Regulation (EC) No 2347/2002, excluding greater silver smelt, were caught.

Article 9

Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply as from 1 January 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 December 2004.

For the Council

The President

C. VEERMAN            

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(1)OJ L 358, 31.12.2002, p. 59.

(2)OJ L 115, 9.5.1996, p. 3.

(3)OJ L 365, 31.12.1991, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(4)OJ L 270, 13.11.1995, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council.

(5)OJ L 132, 21.5.1987, p. 9.

(6)OJ L 276, 10.10.1983 p. 1. Regulation as last amended by Commission Regulation (EC) No 1965/2001 (OJ L 268, 9.10.2001, p. 23).

(7)OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

(8)OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation (EC) No 812/2004 (OJ L 150, 30.4.2004, p. 12).

(9)OJ L 171, 6.7.1994, p. 7.

(10)OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 602/2004 (OJ L 97, 1.4.2004, p. 30).

(11)OJ L 351, 28.12.2002, p. 6.

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ANNEX

Part 1

Definition of Species and Species Groups

Within each area fish stocks are referred to following the alphabetical order of the Latin names of the species. A table of correspondences of common names and Latin names is given below for the purposes of this Regulation:

Where reference is made to ‘deep sea sharks’, this shall refer to sharks in the following list of species: Portuguese dogfish (Centroscymnus coelolepis), Leafscale gulper shark (Centrophorus squamosus), Birdbeak dogfish (Deania calceus), Kitefin shark (Dalatias licha), Greater lanternshark (Etmopterus princeps), Velvet belly (Etmopterus spinax), Black dogfish (Centroscyllium fabricii), Gulper shark (Centrophorus granulosus), Blackmouth dogfish (Galeus melastomus), Mouse catshark (Galeus murinus), Iceland catshark (Apristuris spp.).

Part 2

Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and by area (in tonnes live weight).

All references are to ICES sub-areas unless otherwise stated.

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(1)  Exclusively for by-catches. No directed fisheries are permitted under this quota.

(2)  Exclusively for by-catches. No directed fisheries are permitted under this quota.

(1)  Exclusively for by-catches. No directed fisheries are permitted under this quota.

(1)  Exclusively for by-catches. No directed fisheries are permitted under this quota.

(3)  Exclusively for by-catches. No directed fisheries are permitted under this quota.

(1)  Exclusively for by-catches. No directed fisheries are permitted under this quota.

(4)  Exclusively for by-catches. No directed fisheries are permitted under this quota.

(1)  Exclusively for by-catches. No directed fisheries are permitted under this quota.

(1)  Exclusively for by-catches. No directed fisheries are permitted under this quota.

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