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# 52004PC0224

**Proposal for a Council Regulation Amending Regulation (EC) No 2287/2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required  /* COM/2004/0224 final */****

Proposal for a COUNCIL REGULATION Amending Regulation (EC) No 2287/2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EC) No 2287/2003 fixes the fishing opportunities and associated conditions for certain fish stocks and groups of stocks applicable in Community waters and for Community vessels, in waters where limitations in catch are required for 2004. Amendments of the Regulation are required following decisions recently reached in international fora and as a consequence of international Agreements and new scientific information:

1. The International Baltic Sea Fisheries Commission (IBSFC) adopted a recommendation at its Annual meeting on 3 October 2003 on the allocation of herring in the Gulf of Riga. The allocation will enter into force the day after the date of Accession of the new Member States. Until then the allocation, as laid down in the Accession Treaty, is applicable.

2. In addition, the IBSFC, at its 2003 annual meeting, adopted a recommendation allowing for a possible revision of the TAC of cod for 2004. The new scientific advice from ICES shows that there is room for an increase of the TAC for cod in the Eastern stock. The Commission has proposed to increase this TAC, in line with the scientific advice and, at the same time, it is proposing to the IBSFC to adopt the same measure. The proposal is expected to be adopted by the IBSFC and a decision is foreseen in March 2004.

3. The Community's fishing opportunities in Norwegian waters and the Norway's fishing opportunities in Community waters for 2004 are laid down provisionally in Annexes I B,C and VII to Council Regulation (EC) No 2387/2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of stocks applicable in Community waters and for Community vessels, in waters where limitations in catch are required [1] pending the conclusion of fisheries consultations with Norway for 2004. In the Agreed Record of Conclusions of Fisheries Consultations between the Community and Norway of 24 January it was agreed to recommend to the respective authorities the fishing opportunities for 2004 in their respective waters. The necessary measures should be taken to implement the results of the consultations in Community legislation.

[1]  OJ L 344, 31.12.2003, p.1

4. Sole and plaice are closely associated in the main flatfish fisheries in zone II, North Sea. Allowing quota flexibility in accordance with Articles 3 and 4 of Council Regulation (EC) No 847/96) introducing additional conditions for year-to-year management of TACs and quotas [2] for sole would give the possibility for Member States to obtain better compatibility in the utilisation of the quotas on the two stocks and thereby reduce discarding.

[2]  OJ L 115.9.5.1996, p. 3

5. Poland is, in accordance with the accession Treaty, entitled to 1,734 % of the Community's fishing opportunities of herring in zones I and II.

6. In order to guarantee that towed nets with a BACOMA exit window are the only gear type used in the cod fishery in Community waters of the Baltic Sea no other type of gear shall be allowed to be kept on board.

7. In order to avoid unnecessary social and economic hardship, fishing activities that do not catch cod should be permitted within the area closed for cod fishing to the west of Scotland, so long as such activities are clearly defined, enforceable, and do not cause an additional risk to the remaining stock of cod.

8. Further to the adoption of the special regime applicable to fisheries for haddock in the North Sea by the United Kingdom, new scientific data have shown the need to adjust the areas defined in such regime in order to allow fishermen to make full use of the haddock quotas while preserving all the protection to cod as established in such special regime. Technical measures, as laid down in Council Regulation (EC) No 850/1998 for the conservation of fishery resources for technical measures for the protection of juveniles of marine organisms [3], permit that, when fishing for Nephrops with 70mm mesh in the North Sea, haddock may consist of up to 70% of the weight of the catch. It is therefore necessary to allow vessels fishing with towed gear with 70 to 99 mm mesh size to hold special fishing permits concerning fishing for haddock.

[3]  OJ L 125, 27.4.1998, p.1

9. Conservation measures should not hinder the collection of scientific information appropriate for management purposes. Therefore, fishing for scientific purposes should be allowed in areas where fishing operations are prohibited.

10. Annex V of Regulation (EC) No 2287/2003 lays down an interim fishing effort limitation and additional conditions for monitoring, inspection and surveillance in the context of certain fish stocks recovery. The implementation of this Annex has shown that certain of its provisions need to be either clarified or made more flexible, in order to improve its applicability and effectiveness. It is necessary to ensure that any change to the scheme does not result in a lesser conservation value for the measures in question.

The present proposal intends to introduce the necessary amendments to Annexes IA, IB, IC, IV, V and VII to Regulation (EC) No 2287/2003.

The Council is requested to adopt this proposal as soon as possible in order to allow fishermen to plan their activities for this fishing season.

Proposal for a COUNCIL REGULATION Amending Regulation (EC) No 2287/2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession for 2003 [4], in particular Article 24 and Annex XII thereof,

[4]  OJ L 236, 23.9.2003, p. 1

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  [5], and in particular Article 20thereof,

[5]  OJ L 358, 31.12.2002, p. 59.

Having regard to the proposal from the Commission [6],

[6]  OJ C [...] [...], p.[...]

Whereas:

(1) The International Baltic Sea Fisheries Commission (IBSFC) adopted a recommendation at its Annual meeting on 3 October 2003 on the allocation of herring in the Gulf of Riga. The necessary measures should be taken at Community level in order to implement that recommendation in Community legislation on the day following the date of accession of Estonia, Latvia, Lithuania and Poland.

(2) The IBFSC adopted a recommendation allowing an increase of the TAC for cod in the Baltic Sea in March 2004. Implementation of that recommendation in the Community legal order should be ensured.

(3) The Community's fishing opportunities in Norwegian waters and the Norway's fishing opportunities in Community waters for 2004 are laid down provisionally in Annexes I B,C and VII to Council Regulation (EC) No 2287/2003 pending the conclusion of fisheries consultations with Norway for 2004. In the Agreed Record of Conclusions of Fisheries Consultations between the Community and Norway of 24 January it was agreed to recommend to the respective authorities the fishing opportunities for 2004 in their respective waters. The necessary measures should be taken to implement the results of the consultations in Community legislation.

(4) Quota flexibility for sole in zone II, North Sea should be allowed to improve the compatibility of quotas for flatfish in the North Sea and reduce discards.

(5) Poland is in accordance with Annex XII to the Accession Treaty entitled to a herring quota in zones I and II.

(6) In order to guarantee that towed nets with a BACOMA exit window are the only gear type used in the cod fishery in Community waters of the Baltic Sea it should not be permitted to keep other type of gear on board.

(7) In order to avoid unnecessary social and economic hardship, fishing activities that do not catch cod should be permitted within the area closed for cod fishing to the west of Scotland, so long as such activities are clearly defined, enforceable, and do not cause an additional risk to the remaining stock of cod.

(8) New information on the distribution of catches of cod and haddock indicates that some areas of high abundance of haddock but relatively low abundance of cod were inappropriately included in the "cod protection area" defined in Annex IV. Also, some areas of relatively high cod abundance had been inappropriately excluded. An amendment to the geographical extent of the cod protection area is therefore required.

(9) Vessels fishing for Nephrops with mesh sizes of 70 to 99 mm may take by-catches of haddock up to 70% of the weight of marine organisms on board. Such vessels should therefore have the possibility to hold special licences for haddock fishing.

(10) Conservation measures should not hinder the collection of scientific information appropriate for management purposes. Therefore, fishing for scientific purposes should be allowed in areas where fishing operations are prohibited.

(11) Annex V to Regulation (EC) No 2287/2003 lays down an interim fishing effort limitation and additional conditions for monitoring, inspection and surveillance in the context of the recovery of certain fish stocks. Since then the Council has adopted Regulation (EC) No XX/2004 of 26 February 2004 establishing measures for the recovery of cod stocks [7]. It is appropriate to align the provisions of Annex V to those in that Regulation. Moreover the implementation of this Annex has shown that certain of its provisions need to be either clarified or made more flexible, in order to improve its applicability and effectiveness. It is necessary to ensure that any change to the scheme does not result in a lesser conservation value for the measures in question.

[7]  OJ L [...]

(12) Some calculation errors have been corrected and drafting improvements have been made.

(13) Regulation (EC) No 2287/2003 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes IA, IB, IC, IV, V and VII to Regulation (EC) No 2287/2003 are amended in accordance with the Annex to this Regulation.

Article 2

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

Point 1 (a) and (b) of the Annex shall apply on the day following the date of accession of Estonia, Latvia, Lithuania and Poland.

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

Done at Brussels,

For the Council

The President

ANNEX

The Annexes to Regulation (EC) No 2287/2003 are amended as follows:

1. In Annex IA:

a) The entry concerning the species Herring in zone III bcd is replaced by the following:

>TABLE POSITION>

(b) The following entry is inserted after the entry concerning Herring in zone III bcd:

>TABLE POSITION>

(c) The entry concerning the species Cod in zone Subdivisions 25- 35 (EC waters) is replaced by the following:

>TABLE POSITION>

2. In Annex IB:

(a) The entry concerning the species Sandeel in zone IIa, Skagerrak, Kattegat, North Sea is replaced by the following:

>TABLE POSITION>

(b) The entries concerning the species Herring in zones:

Skagerrak and Kattegat,

Norwegian waters south of 62° N

are replaced by the following:

>TABLE POSITION>

>TABLE POSITION>

(c) The entry concerning the species Cod in Norwegian waters south of 62° N is replaced by the following:

>TABLE POSITION>

(d) The entries concerning the species Haddock in zones:

Skagerrack and Kattegat, IIIbcd (EC Waters),

IIa (EC waters), North Sea,

Norwegian waters, south of 62° N

are replaced by the following:

>TABLE POSITION>

>TABLE POSITION>

(e) The entry concerning the species Northern prawn in zone Norwegian waters, south of 62° N is replaced by the following:

>TABLE POSITION>

(f) The entry concerning the species Plaice in zone IIa (EC waters), North Sea is replaced by the following:

>TABLE POSITION>

(g) The entry concerning the species Saithe in zone Norwegian waters south of 62°N shall be replaced by the following:

>TABLE POSITION>

(h) The entry concerning the species Mackerel in zone IIa (EC waters), Skagerrak and Kattegat, IIIb,c,d (EC waters), North Sea is replaced by the following:

>TABLE POSITION>

(i) The entry concerning the species Common sole in zone II, North Sea is replaced by the following

>TABLE POSITION>

(j) All footnotes with the text "Provisional quota, pending the conclusion of fisheries consultations with Norway for 2004" are deleted.

3. In Annex IC:

(a) The entry concerning the species Herring in zone I, II (EC waters and International waters) is replaced by the following:

>TABLE POSITION>

(b) The entry with the species Cod in zone I, II (Norwegian waters) is replaced by the following:

>TABLE POSITION>

(c) The entry concerning the species Capelin in zone V, XIV (Greenland waters) is replaced by the following:

>TABLE POSITION>

(d) The entry concerning the species Haddock in zone I, II (Norwegian waters) is replaced by the following:

>TABLE POSITION>

(e) The entry concerning the species Northern prawn in zone V, XIV (Greenland waters) is replaced by the following:

>TABLE POSITION>

(f) The entry concerning the species Greenland halibut in zone V, XIV (Greenland waters) is replaced by the following:

>TABLE POSITION>

(g) The entry concerning the species Mackerel in zone IIa (Norwegian waters) is replaced by the following:

>TABLE POSITION>

(h) The entry concerning the species Redfish in zone V, XIV (Greenland waters) is replaced by the following:

>TABLE POSITION>

(i) All footnotes with the text "Provisional quota, pending the conclusion of fisheries consultations with Norway for 2004" are deleted.

4. In Annex IV:

(a) The following Point 1.1.3 is inserted :   '1.1.3 One net rule   When a towed net with exit windows is used, no other type of gear shall be kept on board.'

(b) Point 6 is deleted.

(c) Point 13 is replaced by the following:   '13 Restrictions on fishing for Cod in West of Scotland   (a) Until 31 December 2004, it shall be prohibited to conduct any fishing activity within the area enclosed by sequentially joining with straight lines the following geographical coordinates:

- 59°05'N, 06°45'W

- 59°30'N, 06°00'W

- 59°40'N, 05°00'W

- 60°00'N, 04°00'W

- 59°30'N, 04°00'W

- 59°05'N, 06°45'W.

(b) By way of derogation from (a), it shall be permitted to conduct fishing activities using pots and creels, provided that

(i) no fishing gear other than pots and creels are carried on board, and

(ii) no fish other than shellfish and crustacea are retained on board.

(c) By way of derogation from (a), it shall be permitted to conduct fishing activities using nets of mesh size less than 55mm, provided that

(i) no net of mesh size greater than or equal to 55mm is carried on board, and

(ii) no fish other than herring, mackerel, horse mackerel, blue whiting and argentines are retained on board. '

(d) In point 17:

(i) the section (a) is replaced with the following:

'(a)  For the purposes of this point, 'cod protection area' means that part of ICES Division IV included in the following ICESrectangles that lies further than 12 miles from coastal baselines

49E6, 48E6, 47E6, 50E7, 49E7, 48E7, 50E8, 51E9, 50E9, 49E9, 50F0,

49F0, 48F0, 47F0, 46F0, 45F0, 51F1, 50F1, 49F1, 48F1, 47F1, 46F1,

45F1, 44F1, 50F2, 49F2, 48F2, 47F2, 46F2, 45F2, 44F2, 46F3, 45F3,

44F3, 45F4, 44F4, 43F5, 43F6, 43F7, 42F7, 38E9, 37E9, 37F0. ';

(ii) the section (b)(ix) is replaced by the following:

'(ix) not to carry on board or deploy towed demersal gear of less than 70mm mesh size. '

(e) The following Point 18 is added:

'18. Scientific monitoring

(a) The measures referred to in Points 5, 7, 13 and 16 shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State concerned, and of which the Commission and the Member State in whose waters the research is carried out have been informed in advance.

(b) Marine organisms caught for the purposes referred to in (a) may be sold, stored, displayed or offered for sale, provided that:   -- they meet the standards laid down in Annex XII to Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms [8] and the marketing standards adopted pursuant to Article 2 of Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organisation of the market in fishery and aquaculture products [9], or   -- they are sold directly for purposes other than human consumption.'

[8]  OJ L 125, 27.5.1998, p.1.

[9]  OJ L 388, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 3318/94 (OJ L 350, 31.12.1994,p. 15).

(f) Appendix 2 is replaced by the following:

'Appendix 2 to Annex IV

TOWED GEARS: Skagerrak and Kattegat

Mesh size ranges, target species and required catch percentages

applicable to the use of a single mesh size range.

>TABLE POSITION>

(1) Only within four miles from the baselines.

(2) Outside four miles from the baselines.

(3) From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat.

(4) From 1 November to the last day of February in Skagerrak and from 1 August to the last day of February in Kattegat.

(5) When applying this mesh size range the codend and the extension piece shall be constructed of square meshed netting.

(6) The catch retained on board shall consist of no more than 10% of any mixture of cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.

(7) The catch retained on board shall consist of no more than 50% of any mixture of cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, herring, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.

(8) The catch retained on board shall consist of no more than 60% of any mixture of cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, megrim, whiting, dab, saithe and lobster.

5. Annex V is replaced by the following:

ANNEX V

INTERIM FISHING EFFORT LIMITATION AND ADDITIONAL CONDITIONS

FOR MONITORING, INSPECTION AND SURVEILLANCE

IN THE CONTEXT OF CERTAIN FISH STOCKS RECOVERY

GENERAL PROVISIONS

1. The conditions laid down in this Annex shall apply to Community fishing vessels of length overall equal to or greater than 10 metres.

2. For the purposes of this Annex, the following geographical area shall apply:

(a) Kattegat (ICES Division IIIa south),

Skagerrak and North Sea (ICES Divisions IVa,b,c, IIIa north and IIa EC),

West of Scotland (ICES Division VIa),

Eastern Channel (ICES Divisions VIId) and

Irish Sea (ICES Division VIIa).

(b) For vessels notified to the Commission as being equipped with appropriate vessel monitoring systems, the following definition for the area West of Scotland, (ICES Division VIa) shall apply:

ICES Division VIa excluding that part which lies to the west of a line drawn by sequentially joining with straight lines the following geographical coordinates:

60°00'N, 04°00'W

59°45'N, 05°00'W

59°30'N, 06°00'W

59°00'N, 07°00'W

58°30'N, 08°00'W

58°00'N, 08°00'W

58°00'N, 08°30'W

56°00'N, 08°30'W

56°00'N, 09°00'W

55°00'N, 09°00'W

55°00'N, 10°00'W

54°30'N, 10°00'W.

3. For the purposes of this Annex, a day present within the area and absent from port shall be:

(a) the 24-hour period between 00:00 Hrs of a calendar day and 24:00 Hrs of the same calendar day or any part of such a period during which a vessel is present within either of the areas defined in point 2 and absent from port, or

(b) any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within either of the areas defined in point 2 and absent from port or any part of any such time period.   A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under subpoint (b) shall notify the Commission of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in subpoint (b).

4. For the purpose of this Annex, the following groupings of fishing gears shall apply:

(a) demersal trawls, seines or similar towed gears of mesh size equal to or greater than 100 mm except beam trawls;

(b) beam trawls of mesh size equal to or greater than 80 mm;

(c) static demersal nets including gill nets, trammel nets and tangle nets;

(d) demersal longlines;

(e) demersal trawls, seines or similar towed gears of mesh size between 70 mm and 99 mm except beam trawls with mesh size between 80mm and 99mm;

(f) demersal trawls, seines or similar towed gears of mesh size between 16 mm and 31 mm except beam trawls;

(g) all other fishing gears.

FISHING EFFORT

5. Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 4, fishing vessels flying its flag and registered in the Community shall be present within the area and absent from port for no more than the number of days specified in point 6.

6. (a) The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears eferred to in point 4 is shown in table I.

Table I - Maximum days present within the area and absent from port by fishing gear

>TABLE POSITION>

* The vessel may be present within the area for the number of days in the month concerned.

(b) A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months.  Member States shall notify the Commission of their intention to aggregate management periods before the beginning of any aggregated period.

(c) An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gears referred to in point 4 may be allocated to Member States by the Commission on the basis of the achieved results of decommissioning programmes that have taken place since 1 January 2002.    Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of their completed decommissioning programmes .  On the basis of such a request the Commission, following consultation with Member States, may amend the number of days defined in point (a) for that Member State.

(d) Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II.   Member States wishing to allocate these additional days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the additional days are to be granted.

Table II - Derogations from days present within the area and absent from port in Table I and associated conditions

>TABLE POSITION>

* As verified by the EC logbook - average annual landing in live weight.

** Notwithstanding this provision, the derogation shall also apply to a maximum of six vessels flying the flag of France and registered in the Community of length overall equal to or greater than 15 metres.  A list of such vessels shall be submitted to the Commission before 1 February 2004.

*** The vessel may be present within the area for the number of days in the month concerned.

If this higher allocation of days is given to a vessel, as a result of its low percentage track record of catch of certain species, that vessel shall not at any time retain more than the percentage of those species on board as shown in Table II.  When this condition is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days.

(e) Upon the request of a Member State the Commission may allocate a derogation under the first line in table II in respect of the saithe fishery without the requirement for a track record in previous years of fishing with less than 5% of each of cod, sole and plaice.  Along with its request the Member State shall submit details of the vessels that would benefit, with evidence of their quota holding and planned activity.  The request shall be submitted to the Commission at least 4 weeks before the beginning of the first management period in which the days are to be allocated.   Any vessel allocated extra days under this provision may not at any time retain on board more than 5% of each of: cod, sole and plaice.   Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above requirement.  Any vessel found to be not complying with the requirement shall with immediate effect no longer be entitled to the additional days.

(f) In recognition of the area closure in the Irish Sea for the protection of spawning fish and the assumed reduction in fishing mortality on cod, an additional two days will be available for vessels in groupings of fishing gears 4a and 4b which spend more than half of their allocated days in a given management period fishing in the Irish Sea.

7. Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period.  Until such notification is provided the vessel will not be entitled to fish within the areas defined in point 2.

Where the master of a vessel or his representative notifies the use of two of the groupings of fishing gears defined under point 4, the total number of days available during the forthcoming management period shall be no more than half the sum of the days to which the vessel is eligible for each gear, rounded down to the nearest whole day.  It shall not be permitted to deploy either of the gears concerned for more days than the number of days laid down for that gear in Table I.

The option to use two groupings of fishing gears shall only be available for vessels with a track record of using those gears.  On request from the Commission, Member States shall provide reports on the vessels that have taken this option and conformation of the track record of use of the gears concerned.

The option to use two gears shall only be available if the following additional monitoring arrangements are met:

- During a given trip the fishing vessel may carry on board only one of the fishing gears referred to in point 4(a)-(f);

- Before any trip the master of a vessel or his representative shall give prior notice to the competent authorities of the type of fishing gear that is to be carried on board.

Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above two requirements.  Any vessel found to be not complying with these requirements shall with immediate effect no longer be permitted to use two groupings of fishing gears.

8. A vessel which is present within any of the areas defined in point 2 and carrying on board any one of the fishing gears referred to in point 4(a)-(f) may not simultaneously carry on board any of the other gears referred to in point 4(a)-(f).

9. (a) In any given management period a vessel that has used the number of days present within the area and absent from port to which it is eligible shall remain in port or out of any area referred to in point 2 for the remainder of the management period.

(b) In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies the Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall not carry any fishing gear or fish on board during that time.

10. (a) A Member State may permit any of its fishing vessels to transfer days present within the area and absent from port to which it is eligible to another of its vessels for the same management period and within the same area provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel multiplied by the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register.

(b) The total number of days present within the area and absent from port transferred under sub-point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel.

(c) The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping and area categories referred to in point 6 (a) and during the same management period.

(d) No transfer of days from vessels benefiting from the allocation referred to in points 6(d), 6(e) and 7 is permitted.

(e) On request from the Commission, Member States shall provide reports on the transfers that have taken place.

11. A vessel with no track record of fishing in one of the areas defined in point 2 is allowed to transit across these areas provided that it has first notified its authorities of its intention to do so. While that vessel is within any of the areas defined in point 2 any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

12. A Member State shall not permit fishing with any of the gears defined in point 4(a)-(f) in any area defined in point 2 by any of its vessels which have no record of such fishing activity in the years 2001, 2002 or 2003 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.

13. A Member State shall not count against the days allocated to any of its vessels under this Annex any days when the vessel has been absent from port but unable to fish because it was assisting another vessel in need of emergency aid.  The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from coastguard reports.

MONITORING, INSPECTION AND SURVEILLANCE

14. Notwithstanding Article 19a of Regulation (EEC) No 2847/93, Articles 19b, 19c, 19d, 19e and 19k of that Regulation shall apply to vessels carrying on board the fishing gears defined in point 4(a)-(f) and operating in the areas defined in point 2.

15. Member States may implement alternative control measures to ensure compliance with reporting obligations referred in point 14 of this Annex which are as effective and transparent as these reporting obligations.  Such alternative measures shall be notified to the Commission before being implemented.

16. The master of a Community fishing vessel, or his representative, prior to any entry to port or any landing location of a Member State after having been present in an area referred to in Table III with more than the quantities of any species indicated on that table, shall inform, at least four hours in advance of such entry, the competent authorities of that Member State of:

- the name of the port or landing location,

- the estimated time of arrival at that port or landing location,

- the quantities in kilograms live weight for all species of which more than 50 kg is retained on board.

17. The competent authorities of a Member State in which a landing requiring pre-notification is to be made may require that the discharge of catch retained on board does not commence until authorised by those authorities.

Table III -Landing quantities in tonnes by area and species above which special condition apply

>TABLE POSITION>

PN - Prior Notification as referred to in Point 16

DP - Designated Port as referred to in Point 19

18. The master of a Community fishing vessel or his representative wishing to tranship or discharge at sea any quantity retained on board or to land in a port or landing location of a third country shall inform the competent authorities of the flag Member State at least 24 hours prior to transhipping or discharging at sea or to landing in a third country the information referred to in point 16.

19. It is not permitted to land in excess of the quantities of any species referred to in Table III (under the DP heading) for a fishing vessel having been in the area defined in the table outside a designated port.

Each Member State shall transmit to the Commission within 15 days of the date of entry into force of this Regulation the list of designated ports and, within 30 days thereafter, inspection and surveillance procedures including, for those ports, the terms and conditions for recording and reporting the quantities of any of the species and stocks referred to in Article 12 of this Regulation within each landing.  The Commission shall transmit this information to all Member States.

20. By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish [10], the permitted margin of tolerance, when estimating quantities, in kilograms retained on board of vessels referred to in point 13 shall be 8% of the logbook figure.

[10]  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).

21. It shall be prohibited to retain on board a fishing vessel in any container any quantity of cod mixed with any other species of marine organism.  Containers with cod or plaice shall be stowed in the hold in such a way that they are kept separate from other containers.

22. The competent authorities of a Member State may require that any quantity of cod caught in any of the areas specified in point 2 and first landed in that Member State is weighed in the presence of controllers before being transported from the port of first landing. For cod first landed in a port designated under point 17, representative samples, amounting to at least 20% of the landings, shall be weighed in the presence of controllers authorised by the Member States before they are offered for first sale and sold. To this end, the Member States shall submit to the Commission, within one month of the date of entry into force of this Regulation, details of the sampling regime to be employed.

23. By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities greater than 50kg of any species referred to in Article 12 of this Regulation which are transported to a place other than that of landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of Regulation (EEC) No 2847/93 pertaining to the quantities of these species transported.  The exemption provided for in Article 13(4)(b) of Regulation (EEC) No 2847/93 shall not apply.

24. By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for any of the stocks referred to in Article 12 may last more than two years from their date of entry into force.

6. In Annex VII, Part I is replaced by the following:

'PART I

Quantitative limitations of licences and

fishing permits for community vessels fishing in

third country waters

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