2005R0027 — EN — 09.06.2005 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:









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COUNCIL REGULATION (EC) No 27/2005

of 22 December 2004

fixing for 2005 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 catch limitations are required







THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) 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 Council Regulation (EC) No 423/2004 of 26 February 2004establishing measures for the recovery of cod stocks ( 2 ), and in particular Articles 6 and 8 thereof, Having regard to Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stock ( 3 ), and in particular Article 5 thereof, Having regard to the proposal from the Commission, Whereas: (1) Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking into account available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries. (2) Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council, to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be allocated to Member States and third countries in accordance with the criteria laid down in Article 20 of that Regulation. (3) In order to ensure effective management of the TACs and quotas, the specific conditions under which fishing operations occur should be established. (4) It is necessary to establish the principles and certain procedures of fishery management at Community level, so that Member States can ensure the management of the vessels flying their flag. (5) In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas ( 4 ), it is necessary to identify the stocks which are subject to the various measures referred to therein. (6) In accordance with the procedure provided for in the agreements or protocols on fisheries relations, the Community has held consultations on fishing rights with Norway ( 5 ), the Faroe Islands ( 6 ), and Greenland ( 7 ). (7) Pursuant to the Article 6 of the 2003 Act of Accession, fisheries agreements concluded by Latvia and Lithuania with third countries shall be managed by the Community. In accordance with these agreements, the Community has held consultations with the Russian Federation. (8) The Community is a Contracting Party to several regional fisheries organisations. Those fisheries organisations have recommended the setting of catch limitations and other conservation rules for certain species. Those recommendations should therefore be implemented by the Community. (9) At its Annual Meeting in June 2004, the Inter-American Tropical Tuna Commission (IATTC) adopted catch limitations for yellowfin tuna, bigeye tuna and skipjack tuna, and technical measures as regards the treatment of by-catches. Although the Community is not a member of the IATTC, it is necessary to implement those measures to ensure sustainable management of the resource under the jurisdiction of that Organisation. (10) At its Annual Meeting in 2004, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted tables indicating the under-utilisation and over-utilisation of the fishing possibilities of the ICCAT contracting parties. In that context, the ICCAT adopted a Decision observing that during the year 2003, the European Community had under-exploited its quota for several stocks. (11) In order to respect the adjustments to the Community quotas established by the ICCAT, it is necessary for the distribution of the fishing opportunities arising from the under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the underutilisation without modifying the distribution key established in this Regulation concerning the annual allocation of TACs. (12) At its Annual Meeting, the ICCAT adopted a number of technical measures for certain stocks of highly migratory species in the Atlantic and the Mediterranean, specifying inter alia a new minimum size for bluefin tuna, restrictions on fishing within certain area and time periods in order to protect the bigeye tuna, measures concerning sport and recreational fishing activities in the Mediterranean Sea and the establishment of a sampling program for the estimation of the size of the bluefin tuna caged. In order to contribute to the conservation of fish stocks it is necessary to implement these measures in 2005 pending the adoption of a Council Regulation amending Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species ( 8 ). (13) At its Annual Meeting in 2004, the North East Atlantic Fisheries Commission (NEAFC) has adopted a recommendation to restrict fishing within certain areas in order to protect vulnerable deep-water habitats. This recommendation should be implemented by the Community. (14) As a temporary measure, catches of herring in mixed fisheries as referred to in Article 2 of Regulation (EC) No 973/2001 should be counted against the relevant quota for herring. (15) As a temporary measure, the fishing effort concerning certain deep-sea species should be reduced in accordance with scientific advice from the International Council for the Exploration of the Sea (ICES). (16) The execution of fishing opportunities should be in accordance with the Community legislation on the matter, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels ( 9 ), Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish ( 10 ), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy ( 11 ), Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources, Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean ( 12 ), Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits ( 13 ), Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources ( 14 ), Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound ( 15 ), 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 ( 16 ), Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under whichherring may be landed for industrial purposes other than direct human consumption ( 17 ), Council Regulation No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks ( 18 ), Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems ( 19 ), Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels ( 20 ), Council Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species ( 21 ), Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep sea-stocks ( 22 ) and 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 ( 23 ). (17) In order to contribute to the conservation of fish stocks, certain complementary measures on control and technical conditions of fishing should be implemented in 2005. (18) For the stocks of sole in the Western channel, of Southern hake and of Nephrops, it is necessary to apply a provisional effort management scheme. For the cod stocks in the Kattegat, in the North Sea, Skagerrak and the Western channel, in the Irish Sea and in the west of Scotland, the existing effort management scheme needs to be adapted. (19) Under Article 20 of Regulation (EC) No 2371/2002 it is incumbent upon the Council to decide on the conditions associated with the limits on catches and/or fishing effort limits. Scientific advice indicates that substantial catches in excess of agreed TACs result in prejudice to the sustainability of fishing operations. It is therefore appropriate to introduce associated conditions that will result in improved implementation of the agreed fishing possibilities. (20) It is necessary, following the advice from the ICES, to apply a temporary system to manage the fishing effort of the industrial fishery for sandeel in ICES Sub-area IV and Division IIIa North. (21) Scientific advice indicates that the stock of North Sea plaice is not fished sustainably and that levels of discards are very high. Scientific advice and advice from the North Sea Regional Advisory Council indicates that it is appropriate to adjust the fishing opportunities in terms of fishing effort of vessels targeting plaice. (22) For the adjustment of fishing effort limitations on cod as laid down in Regulation (EC) No 423/2004 alternative arrangements are proposed in order to manage fishing effort consistently with the TAC, as laid down in Article 8(3) of the said Regulation. (23) At its 25th Annual Meeting of 15 to 19 September 2003, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a rebuilding plan for Greenland halibut in NAFO Sub-area 2 and divisions 3KLMNO. The plan foresees a reduction of the TAC level until 2007 as well as additional measures to ensure its effectiveness. It is necessary to implement that plan for 2005 pending the adoption of a Council Regulation implementing multiannual measures to rebuild the Greenland halibut stock. (24) At its 26th Annual Meeting of 13 to 17 September 2004, the NAFO adopted Management Measures for a number of previously unregulated stocks, namely skates in Division 3LNO, redfish in Division 3O and white hake in Division 3NO. It is therefore necessary to implement these measures and to establish an allocation between Member States. (25) In order to comply with international obligations undertaken by the Community as a Contracting Party to the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), including the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by that Commission for the 2004-2005 season and the corresponding season limit dates should be applied. (26) At its XXIII Annual meeting in 2004, the CCAMLR adopted relevant catch limits for the stocks open to established fisheries by any CCAMLR Member. CCAMLR also approved the participation of Community fishing vessels in exploratory fisheries for Dissostichus spp. in Sub-areas FAO 88.1 and in Divisions 58.4.1, 58.4.2, 58.4.3a) and 58.4.3b) and made the relevant fishing activities subject to catch and by-catch limits, as well as to certain specific technical measures. Those limits and technical measures should also be applied. (27) In order to ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2005. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in paragraph I(3) of the Protocol on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities, Whereas: HAS ADOPTED THIS REGULATION:







CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation fixes fishing opportunities for the year 2005, for certain fish stocks and groups of fish stocks, and the specific conditions under which such fishing opportunities may be used.

However, for certain Antarctic stocks, it fixes the fishing opportunities and specific conditions for the periods set out in Annex IF.

Article 2

Scope

This Regulation shall apply to:

(a) Community fishing vessels (‘Community vessels’); and

(b) fishing vessels flying the flag of, and registered in, third countries (‘third country vessels’) in waters falling within the sovereignty or jurisdiction of Member States (‘EC waters’).

Article 3

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a) ‘fishing opportunities’ means: (i) total allowable catches (‘TACs’) or the number of vessels authorised to fish and/or the duration of these authorisations; (ii) shares of the TACs available to the Community; (iii) quotas allocated to the Community in third country waters; (iv) allocation of Community fishing opportunities under (ii) and (iii) to Member States in the form of quotas; (v) allocation to third countries of quotas to be fished in Community waters;

(b) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;

(c) ‘NAFO Regulatory Area’ means the part of the area of the Northwest Atlantic Fisheries Organisation (NAFO) Convention not falling under the sovereignty or within the jurisdiction of coastal States;

(d) ‘Skagerrak’ means the area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;

(e) ‘Kattegat’ means the area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;

(f) ‘North Sea’ means ICES Sub-area IV and that part of ICES Division IIIa which is not covered by the definition of the Skagerrak given in point (d);

(g) ‘Gulf of Riga’ means the area bounded on the west bya line drawn from Ovisi lighthouse (57°34.1234′N, 21°42.9574′E) on the west coast of Latvia to the Southern Rock of Cape Loode (57°57.4760′N, 21°58.2789′E) on the island of Saaremaa, then southwards to the southernmost point of the peninsula of Sõrve and then in a north-eastern direction along the east coast of the island of Saaremaa, and in the north by a line drawn from 58°30.0′N 23°13.2′E to 58°30.0′N 23°41′1E;

(h) ‘Gulf of Cadiz’ means the area of ICES Sub-division IXa east of longitue 7°23′48″W.

Article 4

Fishing zones

For the purpose of this Regulation, the following zone definitions shall apply:

(a) ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic ( 24 );

(b) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic ( 25 );

(c) NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Regulation (EEC) No 2018/93 of 30 June 1993 on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic ( 26 );

(d) CCAMLR (Convention for the Conservation of Antarctic Marine Living Resources) zones are as defined in Regulation (EC) No 601/2004.







CHAPTER II

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS

Article 5

Fishing opportunities and allocations

1. Fishing opportunities for Community vessels in Community waters or in certain non-Community waters and the allocation of such fishing opportunities among Member States shall be as set out in Annex I.

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2. Community vessels are hereby authorised to make catches, within the quota limits set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the conditions set out in Articles 9, 16 and 17.

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3. The Commission shall fix the fishing opportunities for capelin in zones V, XIV (Greenland waters) available to the Community equal to 7,7 % of the capelin TAC as soon as the TAC has been established.

4. Fishing opportunities for the stocks of blue whiting in zones I-XIV (EC waters and international waters) and herring in zones I and II (EC waters and international waters) may be increased by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 when third countries do not respect a responsible management of those stocks.

Article 6

Special provisions and allocations

The allocation of fishing opportunities among Member States as set out in Annex I shall be without prejudice to:

(a) exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

(b) reallocations made pursuant to Article 21(4), Article 23(1) and Article 32(2) of Regulation (EEC) No 2847/93;

(c) additional landings allowed under Article 3 of Regulation (EC) No 847/96;

(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

(e) deductions made pursuant to Article 5 of Regulation (EC) No 847/96.

Article 7

Quota flexibility

For 2005, the following stocks shall be as set out in Annex I to this Regulation:

(a) the stocks which are subject to a precautionary or to an analytical TAC;

(b) the stocks to which the year-to-year flexibility conditions set out in Articles 3 and 4 of Regulation (EC) No 847/96 are to apply; and

(c) the stocks to which the penalty coefficients provided for in Article 5(2) of that Regulation are to apply.

Article 8

Conditions for landing catch and by-catches

1. Fish from stocks for which fishing opportunities are fixed shall not be retained on board or landed unless:

(a) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or

(b) the catches from part of a Community share which has not been allocated by quota among Member States, and that share has not been exhausted; or

(c) for all species other than herring and mackerel, where they are mixed with other species, the catches have been taken with nets whose mesh size is less than 32 millimetres in accordance with Article 4 of Regulation (EC) No 850/98, and are not sorted either on board or on landing; or

(d) for herring, the catches comply with the measures referred to in point 12 of Annex III; or

(e) for mackerel, where they are mixed with horse mackerel or pilchard, the mackerel does not exceed 10 % of the total weight of mackerel, horse mackerel and pilchard on board, and the catches are not sorted either on board or on landing; or

(f) catches are taken during the course of scientific investigations carried out under Regulation (EC) No 850/98 or Regulation (EC) No 88/98.

2. All landings shall count against the quota or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of paragraph 1 (c), (e) and (f).

3. By derogation from paragraph 1, when fishing opportunities of a Member State for herring in Sub-areas II (EC waters), III, IV and subdivision VII d are exhausted, it shall be prohibited for vessels, flying the flag of that Member State, and registered in the Community, and operating within the fisheries to which the relevant catch limitations apply, to land catches which are unsorted and which contain herring.

4. The determination of the percentage of by-catches and their disposal shall be made in accordance with Articles 4 and 11 of Regulation (EC) No 850/98 and Articles 2 and 3 of Regulation (EC) No 88/98.

Article 9

Access limits

No fishing by Community vessels shall take place in the Skagerrak within 12 nautical miles from the baselines of Norway. However, vessels flying the flag of Denmark or Sweden shall be allowed to fish up to 4 miles from the baselines of Norway.

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Fishing by Community vessels in waters under the jurisdiction of Iceland shall be limited to the area defined by straight lines sequentially connecting the following coordinates:

South Western Area 1. 63° 12′ N and 23° 05′ W through 62° 00′ N and 26° 00′ W, 2. 62° 58′ N and 22° 25′ W, 3. 63° 06′ N and 21° 30′ W, 4. 63° 03′ N and 21° 00′ W from there 180° 00′ S;

South Eastern Area 1. 63° 14′ N and 10° 40′ W, 2. 63° 14′ N and 11° 23′ W, 3. 63° 35′ N and 12° 21′ W, 4. 64° 00′ N and 12° 30′ W, 5. 63° 53′ N and 13° 30′ W, 6. 63° 36′ N and 14° 30′ W, 7. 63° 10′ N and 17° 00′ W from there 180° 00′ S.

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Article 10

Special conditions for landings of unsorted catches from Sub-areas IIa (EC waters), III, IV and VIId

The measures set out in Annex II shall apply with regard to the landing of unsorted landings from Sub-areas IIa (EC waters), III, IV and VIId.

Article 11

Other technical and control measures

The technical measures set out in Annex III shall apply in 2005 in addition to those set out in Regulation (EC) No 850/98, Regulation (EC) No 88/98, Regulation (EC) No 1626/94 and Regulation (EC) No 973/2001.

Detailed rules for the implementation of point 10 of Annex III may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.

Article 12

Effort limitations and associated conditions for the management of stocks

1. For the period 1 January to 31 January 2005, for the management of cod stocks in Kattegat, North Sea, Eastern Channel, Skagerrak, to the West of Scotland and in the Irish Sea the fishing effort limitations and associated conditions laid down in points 1 to 5, 6a, 6c, 6d, 6e and 7 to 22 of Annex V to Regulation (EC) No 2287/2003 of 19 December 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 catch limitations are required ( 27 ) shall apply.

2. For the period 1 February 2005 to 31 December 2005 for the management of cod stocks mentioned in paragraph 1, the fishing effort limitations and associated conditions laid down in Annex IVa shall apply.

3. From the 1 February 2005, the fishing effort limitations and associated conditions laid down in Annex IVb shall apply to the management of fisheries in the Cantabrian Sea and the Western Iberian peninsula.

4. From 1 February 2005, the fishing effort limitations and associated conditions laid down in Annex IVc shall apply to the management of the stock of sole in the Western Channel.

5. The fishing effort limitations and associated conditions laid down in Annex V shall apply to the management of sandeel stocks in Skagerrak and the North Sea.

6. The Commission shall fix the final fishing effort for 2005 for the fisheries on sandeel in zones IIa, IIIa, IV based on the rules laid down in point 6 of Annex V.

7. All vessels using gear types identified in points 4 of Annexes IVa, IVb, IVc respectively and fishing in areas defined in points 2 of Annexes IVa, IVb, IVc respectively shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

8. Member States 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 average annual fishing effort deployed by that Member State's 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.







CHAPTER III

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR THIRD COUNTRY VESSELS

Article 13

Authorisation

Vessels flying the flag of Barbados, Guyana, Japan, South Korea, Norway, Suriname, Trinidad and Tobago and Venezuela and vessels registered in the Faroe Islands shall be authorised to make catches in Community waters, within the quota limits set out in Annex I, and subject to the conditions provided for in Articles 14, 15, 18, 19, 20, 21, 22, 23 and 24.

Article 14

Geographic restrictions

Fishing by vessels flying the flag of:

(a) Norway or registered in the Faroe Islands shall be limited to those parts of the 200 nautical mile zone lying seawards of 12 nautical miles from the baselines of Member States in the North Sea, Kattegat and the Atlantic Ocean north of 43°00′N, except the area referred to in Article 18 of Regulation (EC) No 2371/2002; fishing in the Skagerrak by vessels flying the flag of Norway shall be allowed seawards of four nautical miles from the baselines of Denmark and Sweden;

(b) Barbados, Guyana, Japan, South Korea, Suriname, Trinidad and Tobago, and Venezuela shall be limited to those parts of the 200-nautical-mile zone lying seawards of 12 nautical miles from the baselines of the French Department of Guyana.

Article 15

Conditions for landing catch and by-catch

Fish from stocks for which fishing opportunities are fixed shall not be retained on board or landed unless the catches have been taken by vessels of a third country having a quota and that quota is not exhausted.







CHAPTER IV

LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS

Article 16

Licences and associated conditions

1. Notwithstanding the general rules on fishing licences and special fishing permits provided for in Regulation (EC) No 1627/94, fishing in waters of third countries shall be subject to the holding of a licence issued by the authorities of the third country.

However, the first subparagraph shall not apply to the following Community vessels, when fishing in Norwegian waters of the North Sea:

(a) vessels of a tonnage equal to or less than 200 GT;

(b) vessels carrying out fisheries for human consumption for species other than mackerel;

(c) vessels flying the flag of Sweden, in line with established practice.

2. The maximum number of licences and other associated conditions shall be fixed as set out in Part I of Annex VI. Requests for licences shall indicate the types of fishing and the name and characteristics of the vessels for which licences are to be issued and shall be addressed by the authorities of the Member States to the Commission. The Commission shall submit these requests to the authorities of the third country concerned.

If one Member State transfers quota to another Member State (swap) in the fishing areas set out in Part I of Annex VI, the transfer shall include an appropriate transfer of licences and shall be notified to the Commission. However, the total number of licences for each fishing area, as set out in Part I of Annex VI, shall not be exceeded.

3. Community vessels shall comply with the conservation and control measures and all other provisions governing the zone in which they operate.

Article 17

Faroe Islands

Community vessels licensed to conduct a directed fishery for one species in waters of the Faroe Islands may conduct directed fishery for another species provided that they give prior notification of the change to the Faroese authorities.







CHAPTER V

LICENSING ARRANGEMENTS FOR THIRD COUNTRY VESSELS

Article 18

Obligation to have a licence and a special fishing permit

1. Notwithstanding Article 28b of Regulation (EC) No 2847/93, vessels flying the flag of Norway of less than 200 GT shall be exempt from the obligation to have a licence and a fishing permit.

2. The licence and special fishing permit shall be kept on board. However, vessels registered in the Faroe Islands or Norway shall be exempt from that obligation.

3. Vessels from third countries authorised to fish on 31 December 2004 may continue to fish as from 1 January 2005 until the list of vessels authorised to fish is submitted to and approved by the Commission.

Article 19

Application for a licence and special fishing permit

An application to the Commission for a licence and special fishing permit from an authority of a third country shall be accompanied by the following information:

(a) name of the vessel;

(b) registration number;

(c) external identification letters and numbers;

(d) port of registration;

(e) name and address of the owner or charterer;

(f) gross tonnage and overall length;

(g) engine power;

(h) call sign and radio frequency;

(i) intended method of fishing;

(j) intended area of fishing;

(k) species for which it is intended to fish;

(l) period for which a licence is required.

Article 20

Number of licences

The number of licences and special associated conditions shall be fixed as set out in Part II of Annex VI.

Article 21

Cancellation and withdrawal

1. Licences and special fishing permits may be cancelled with a view to the issue of new licences and special fishing permits. Such cancellations shall take effect on the day preceding the date of issue of the new licences and special fishing permits by the Commission. New licences and special fishing permits shall take effect from their date of issue.

2. Licences and special fishing permits shall be wholly or partially withdrawn before the date of expiry if the quota for the stock in question set out in Annex I has been exhausted.

3. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.

Article 22

Failure to comply with relevant rules

1. For a period not exceeding 12 months, no licence and special fishing permit shall be issued for any vessel in respect of which the obligations laid down in this Regulation have not been fulfilled.

2. The Commission shall submit to the authorities of the third country concerned the names and characteristics of the vessels which will not be authorised to fish in the Community fishing zone for the following month or months as a consequence of an infringement of the relevant rules.

Article 23

Obligations of the licence holder

1. Third-country vessels shall comply with the conservation and control measures and other provisions governing fishing of Community vessels in the zone in which they operate, in particular Regulations (EEC) No 2847/93, (EC) No 1627/94, (EC) No 88/98, (EC) No 850/98, (EC) No 1434/98 and (EEC) No 1381/87.

2. The vessels referred to in paragraph 1 shall keep a logbook in which the information set out in Part I of Annex VII, shall be entered.

3. Third-country vessels, except vessels flying the flag of Norway fishing in ICES Division IIIa, shall transmit the information set out in Annex VIII to the Commission, in accordance with the rules laid down in that Annex.

Article 24

Specific provisions concerning the French Department of Guyana

1. The granting of licences to fish in the waters of the French Department of Guyana shall be subject to an undertaking by the owner of the vessel concerned to permit an observer to come on board at the Commission's request.

2. The master of each vessel in possession of a licence for finfish or tuna fishing in the waters of the French Department of Guyana shall, on landing the catch after each trip, submit a declaration to the French authorities stating the quantities of shrimp caught and kept on board since the last declaration. This declaration shall be in accordance with the model set out in Part III of Annex VI. The master shall be responsible for the accuracy of the declaration. The French authorities shall take all appropriate measures to verify the accuracy of the declarations, by checking them in particular against the logbook referred to in Article 23(2). The declaration shall be signed by the competent official after it has been verified. Before the end of each month, the French authorities shall send to the Commission all the declarations relating to the preceding month.

3. Vessels fishing in the waters of the French Department of Guyana shall keep a logbook corresponding to the model appearing in Part II of Annex VII. A copy of this logbook shall be sent to the Commission within 30 days of the last day of each fishing trip, via the French authorities.

4. If, for a period of one month, the Commission receives no communication concerning a vessel in possession of a licence to fish in waters of the French Department of Guyana, the licence of that vessel shall be withdrawn.







CHAPTER VI

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA







SECTION 1

Community participation

Article 25

List of vessels

1. Only Community vessels of more than 50 gross tonnes which have been issued a special fishing permit by their flag Member State and are included in the NAFO vessel register shall be authorised, on the conditions set out in the permit, to fish, keep on board, trans-ship and land fishery resources from the NAFO Regulatory Area.

2. Each Member State shall inform the Commission in computer readable form, at least 15 days before the new vessel enters the NAFO Regulatory area, of any amendment to its list of vessels flying its flag and registered in the Community that are authorized to fish in the NAFO Regulatory area. The Commission shall forward this information promptly to the NAFO Secretariat.

3. The information referred to in paragraph 2 shall include the following information:

(a) the internal number of the vessel, as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register ( 28 );

(b) the international radio call sign;

(c) the vessel charterer, where applicable;

(d) the vessel type.

4. For vessels temporarily flying the flag of a Member State (bare boat charter), the information forwarded shall include:

(a) the date from which the vessel has been authorised to fly the flag of the Member State;

(b) the date from which the vessel has been authorised by the Member State to engage in fishing in the NAFO Regulatory Area;

(c) the name of the State where the vessel is registered or has been previously registered and the date as from which it ceased flying the flag of that State;

(d) the name of the vessel;

(e) the official registration number of the vessel assigned by the competent national authorities;

(f) the home port of the vessel after the transfer;

(g) the name of owner or charterer of the vessel;

(h) a declaration that the master has been provided with a copy of the regulations in force in the NAFO Regulatory Area;

(i) the principal species which can be fished by the vessel in the NAFO Regulatory Area;

(j) the sub-areas where the vessel may be expected to fish.







SECTION 2

Technical measures

Article 26

Mesh sizes

1. The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for direct fishing of the groundfish species referred to in Annex IX. This mesh size may be reduced to a minimum of 60 mm for direct fishing of short-finned squid (Illex illecebrosus). For direct fishing of skates (Rajidae) this mesh size shall be increased to a minimum of 280 mm in the cod-end and 220 mm in all other parts of the trawl.

2. Vessels fishing for shrimp (Pandalus borealis) shall use nets with a minimum mesh size of 40 mm.

Article 27

Attachments to nets

1. The use of any means or device other than those described in this Article which obstructs the meshes of a net or which diminishes their size shall be prohibited.

2. Canvas, netting or any other material may be attached to the underside of the cod-end in order to reduce or prevent damage.

3. Devices may be attached to the upper side of the cod-end provided that they do not obstruct the meshes of the cod-end. The use of top-side chafers shall be limited to those listed in Annex X.

4. Vessels fishing for shrimp (Pandalus borealis) shall use sorting grids or grates with a maximum spacing between bars of 22 mm. Vessels fishing for shrimp in Division 3L shall also be equipped with toggle chains of a minimum of 72 cm in length as described in Appendix 4 to Annex III.

Article 28

By-catches

1. Masters of vessels may not conduct directed fisheries for species for which by-catch limits apply. A directed fishery for a species is conducted when that species comprises the largest percentage by weight of the catch in any one haul.

2. By-catches of the species listed in Annex ID for which no quotas have been fixed by the Community for a part of the NAFO Regulatory Area and taken in that part when fishing directly for any species may not exceed for each species 2 500 kg or 10 % by weight of the total catch retained on board, whichever is the greater. However, in a part of the NAFO Regulatory Area where directed fishing of certain species is banned or an ‘others’ quota has been fully utilised, by-catches of each of the species listed in Annex ID shall not exceed 1 250 kg or 5 % respectively.

3. Whenever the total amounts of species for which by-catch limits apply in any haul exceed the limits laid down in paragraph 2, whichever is applicable, vessels shall immediately move a minimum of five nautical miles from the previous haul position. Whenever the total amounts of species for which by-catch limits apply in any subsequent haul exceed the said limits, vessels shall again immediately move a minimum of five nautical miles from the previous haul position and shall not return to the area for at least 48 hours.

4. For vessels fishing for shrimp (Pandalus borealis), in the event that total by-catches of all species listed in Annex ID in any haul exceed 5 % by weight in Division 3M and 2,5 % in Division 3L, vessels shall immediately move a minimum of five nautical miles from the position of the previous haul.

5. Catches of shrimp shall not be used in the calculation of by-catch level of groundfish species.

Article 29

Minimum size of fish

Fish from the NAFO Regulatory Area which do not have the size required as set out in Annex XI may not be processed, retained on board, trans-shipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea. Where the quantity of caught fish not having the required size exceeds 10 % of the total quantity, the vessel shall move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing. Any processed fish for which minimum fish size requirements apply which is below a length equivalent in Annex XI, shall be deemed to originate from fish that is below the minimum fish size.







SECTION 3

Control measures

Article 30

Product labelling and separate stowage

1. All processed fish harvested in the NAFO Regulatory Area shall be labelled in such a way that each species and product category is identifiable. It shall also be marked as having been caught in the NAFO Regulatory Area.

2. All shrimp harvested in Division 3L and all Greenland halibut harvested in Sub-area 2 and Divisions 3KLMNO shall be marked as having been caught in these respective areas.

3. Catches of the same species shall be stowed clearly separate from catches of other species. All catches taken within the NAFO Regulatory Area shall be stowed separately from catches taken outside this area.

Catches may be stowed in more than one part of the hold but in each part of the hold where it is stowed, it shall be kept clearly separate, by the use of plastic, plywood, netting, etc. from catches of other species.

Article 31

Production logbook and stowage plan

1. In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of vessels shall enter in the logbook the information listed in Annex XII to this Regulation.

2. Each Member State shall, in computer readable form, before the 15th of each month, notify the Commission of the quantities of stocks specified in Annex XIII landed during the preceding month and communicate any information received under Articles 11 and 12 of Regulation (EEC) No 2847/93.

3. The master of a Community vessel shall, in respect of catches of the species listed in Annex ID, keep:

(a) a production logbook stating their cumulative production, by species;

(b) a stowage plan that shows the location of the different species in the holds as well as the quantities of such species on board in product weight stated in kilograms.

4. The production logbook and stowage plan referred to in paragraph 3 shall be updated on a daily basis for the preceding day reckoned from 00.00 hrs (UTC) until 24.00 hrs (UTC) and shall be kept onboard until the vessel has unloaded completely.

5. The master shall provide the necessary assistance to enable the quantities declared in the logbook and the processed products stored on board to be verified.

Article 32

Nets

When fishing directly for one or more of the species listed in Annex IX, vessels shall not carry nets with a mesh size smaller than that laid down in Article 26. However, vessels fishing in the course of the same voyage in areas other than the NAFO Regulatory Area may keep such nets on board provided these nets are securely lashed and stowed and are not available for immediate use, that is to say:

(a) nets shall be unshackled from their boards and their hauling or trawling cables and ropes; and

(b) nets carried on or above the deck shall be lashed securely to a part of the superstructure.

Article 33

Trans-shipment

Community vessels shall not engage in trans-shipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities.

Article 34

Monitoring of fishing effort

1. Each Member State shall take the necessary measures to ensure that the fishing effort of its vessels referred to in Article 25 is commensurate to the fishing possibilities available to that Member State in the NAFO Regulatory Area.

2. Member States shall transmit to the Commission the fishing plan for their vessels fishing for species in the NAFO Regulatory Area no later than 31 January 2005 or, thereafter, at least 30 days before the commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels which will engage in these fisheries and the intended number of fishing days in the NAFO Regulatory Area.

Member States shall, on an indicative basis, inform the Commission of the intended activities of the vessels in other areas.

The fishing plan shall represent the total fishing effort to be deployed with respect to the fisheries in relation to the extent of the fishing opportunities available to the Member State making the notification.

Member States shall, no later than 31 December 2005, report to the Commission on the implementation of their fishing plans, including the number of vessels actually engaged in this fishery and the total number of days fished.







SECTION 4

Special provisions for Northern prawns

Article 35

Northern prawn fisheries

Each Member State shall report to the Commission daily on the quantities of Northern prawns (Pandalus borealis) caught in Division 3L of the NAFO Regulatory Area by vessels flying its flag and registered in the Community. All fishing activities shall take place in depths greater than 200 metres and shall be limited to one vessel per each Member State allocation at any one time.







SECTION 5

Special provisions for recovery plan of Greenland halibut

Article 36

Prohibition concerning Greenland halibut

It shall be prohibited for Community fishing vessels to fish Greenland halibut in NAFO Sub-area 2 and Divisions 3KLMNO and to retain on board, trans-ship or land Greenland halibut fished in that zone if they do not carry a special fishing permit issued by their flag Member State.

Article 37

List of vessels

1. Member State shall ensure that vessels to which the special fishing permits referred to in Article 36 are to be issued are included in a list containing their names and internal numbers as defined in Annex I to Regulation (EC) No 26/2004. Member States shall issue the special fishing permit only when the vessel has been entered into the NAFO vessel register.

2. Each Member State shall send to the Commission the list provided for in paragraph 1 and all subsequent amendments in a computer readable form.

3. Amendments to the list provided for in paragraph 1 shall be transmitted to the Commission at least five days prior to the date that the vessel newly inserted in that list enters Sub-area 2 and Divisions 3KLMNO. The Commission shall promptly forward amendments to the list to the NAFO Secretariat.

4. Each Member State shall take necessary measures to allocate its quota for Greenland halibut among its vessels included in the list referred to in paragraph 1. Member States shall inform the Commission of the allocation of quotas not later than 15 days following the date of entry into force of this Regulation.

Article 38

Reports

1. Masters of vessels referred to in Article 37(2) shall transmit the following reports to the Flag Member State:

(a) the quantities of Greenland halibut retained onboard when the Community vessel enters Sub-area 2 and Divisions 3KLMNO. This report shall be transmitted not earlier than 12 hours and not later than 6 hours in advance of each entry of the vessel to this zone;

(b) weekly catches of Greenland halibut. This report shall be transmitted for the first time no later than the end of the seventh day following the entry of the vessel into Sub-area 2 and Divisions 3 KLMNO, or, when fishing trips take more than seven days, at the latest on Monday for catches that have been taken in the sub-area 2 and divisions 3 KLMNO during the preceding week ending at midnight on Sunday;

(c) the quantities of Greenland halibut held onboard when the Community vessel exits Sub-area 2 and Divisions 3KLMNO. This report shall be transmitted not earlier than 12 hours and not later than 6 hours in advance of each departure of the vessel from this zone and shall include the number of fishing days and the total catches in this zone;

(d) the quantities loaded and unloaded for each trans-shipment of Greenland halibut during the vessel's stay in Sub-area 2 and Divisions 3KLMNO. These reports shall be transmitted no later than 24 hours after the completion of the trans-shipment.

2. Member States shall, upon receipt, transmit the reports provided for in paragraph 1(a), (c) and (d) to the Commission.

3. When catches of Greenland halibut notified in accordance with paragraph 2 are deemed to have exhausted 70 % of the Member States' quota allocation, masters shall transmit the reports referred to in point 1(b) on a three day basis.

Article 39

Designated ports

1. It shall be prohibited to land any quantities of Greenland halibut at any place other than ports designated by NAFO Contracting Parties. Landings of Greenland halibut in ports of non-Contracting Parties are prohibited.

2. Member States shall designate ports in which landings of Greenland halibut may take place and shall determine the associated inspection and surveillance procedures, including the terms and conditions for recording and reporting the quantities of Greenland halibut within each landing.

3. Member States shall transmit to the Commission within 15 days of the date of entry into force of this Regulation a list of designated ports and, within 15 days thereafter, the associated inspection and surveillance procedures referred to in paragraph 2. The Commission shall promptly forward this information to the NAFO Secretariat.

4. The Commission shall promptly transmit the list of the designated ports referred to in paragraph 2 as well as ports designated by other Contracting Parties of NAFO to all Member States.

Article 40

Inspection in port

1. Member States shall ensure that all vessels entering a designated port to land and/or trans-ship Greenland halibut caught within NAFO Sub-Area 2 and Divisions 3 KLMNO are submitted to an inspection in port in accordance with the port inspection scheme of NAFO.

2. It shall be prohibited to discharge and/or trans-ship catches from the vessels referred to in paragraph 1 until the inspectors are present.

3. All quantities discharged shall be weighed by species before being transported to a cold store or another destination.

4. Member States shall transmit the corresponding port inspection report to the NAFO Secretariat, with a copy to the Commission, within seven working days from the date at which the inspection was completed.

Article 41

Prohibition of landings and trans-shipments for Non-Contracting Party vessels

Member States shall ensure that landings and trans-shipments of Greenland halibut from non-Contracting Party vessels which have been engaged in fishing activities in the NAFO Regulatory Area are prohibited.

Article 42

Follow up on fishing activities

Member States shall submit a report to the Commission by 31 December 2005 at the latest on the implementation of the measures laid down in Articles 36 to 41, including the total number of days fished.







SECTION 6

Special provisions for redfish

Article 43

Redfish fishery

1. Every second Monday, the master of a Community vessel fishing for redfish in Division Sub-Area 2 and Division IF, 3K and 3M of the NAFO Regulatory Area, shall notify to the competent authorities of the Member State, whose flag the vessel is flying or in which the vessel is registered, the quantities of redfish caught in those zones in the two-week period ending at 12 midnight on the previous Sunday.

When accumulated catches reach 50 % of the TAC, the notification shall be made weekly each Monday.

2. Member States shall report to the Commission every second Tuesday before 12 noon for the fortnight ending at 12 midnight on the previous Sunday the quantities of redfish caught in Sub-area 2 and Divisions IF, 3K and 3M of the NAFO Regulatory Area by vessels flying their flag and registered in their territory.

When accumulated catches have reached 50 % of the TAC, reports shall be sent on a weekly basis.







CHAPTER VII

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE AREA OF CCAMLR







SECTION 1

Restrictions and vessel information requirements

Article 44

Prohibitions and catch limitations

1. Direct fishing of the species set out in Annex XIV shall be prohibited in the zones and during the periods set out in that Annex.

2. For new and exploratory fisheries, the catch and by-catch limits set out in Annex XV shall apply in the Sub-areas set out in that Annex.

Article 45

Information requirements relating to vessels authorised to fish in the Area of CCAMLR

1. In addition to the information requirements relating to authorised vessels set forth in Article 3(2) of Regulation (EC) No 601/2004, Member States shall, as from 1 August 2005, communicate to the Commission the following in respect of such vessels:

(a) vessel IMO number (if issued);

(b) previous flag, if any;

(c) international Radio Call Sign;

(d) name and address of vessel's owner(s), and any beneficial owner(s), if known;

(e) type of vessel;

(f) where and when built;

(g) length;

(h) colour photograph of the vessel, which shall consist of: (i) one photograph not smaller than 12 × 7 cm showing the starboard side of the vessel, displaying its full overall length and complete structural features; (ii) one photograph not smaller than 12 × 7 cm showing the port side of the vessel, displaying its full overall length and complete structural features; (iii) one photograph not smaller than 12 × 7 cm showing the stern, taken directly from astern;

(i) measures taken to ensure tamper-proof operation of the satellite monitoring device installed on board.

2. As from 1 August 2005, Member States shall, to the extent practicable, also communicate to the Commission the following information relating to vessels authorised to fish in the Area of CCAMLR:

(a) name and address of operator, if different from vessel owner(s);

(b) names and nationality of master and, where relevant, of fishing master;

(c) type of fishing method or methods;

(d) beam (m);

(e) gross registered tonnage;

(f) vessel communication types and numbers (INMARSAT A, B and C numbers);

(g) normal crew complement;

(h) power of main engine or engines (kW);

(i) carrying capacity (tonnes), number of fish holds and their capacity (m3);

(j) any other information (e.g. ice classification) considered appropriate.







SECTION 2

Exploratory fisheries

Article 46

Participation in exploratory fisheries

1. Fishing vessels flying the flag of and registered in Spain that have been notified to CCAMLR in accordance with the provisions of Article 7 of Regulation (EC) No 601/2004 may participate in long-line exploratory fisheries for Dissostichus spp. in Sub-area FAO 88.1, and in Divisions 58.4.1, 58.4.2, 58.4.3a) outside Areas of national jurisdiction and 58.4.3b) outside Areas of national jurisdiction.

2. No more than one fishing vessel shall fish in Divisions 58.4.3a) and 58.4.3b) at any one time.

3. With regard to Sub-area 88.1 and Divisions 58.4.1 and 58.4.2, total catch and by-catch limits per Sub-area and Division, and their distribution among Small Scale Research Units (SSRUs) within each of them are set out in Annex XV. Fishing in any SSRU shall cease when the reported catch reaches the specified catch limit and that SSRU shall be closed to fishing for the remainder of the season.

4. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in Divisions 58.4.1 and 58.4.2 will be prohibited in depths less than 550 m.

Article 47

Reporting systems

Fishing vessels participating in the exploratory fisheries referred to in Article 46 shall be subject to the following catch and effort reporting systems:

(a) the Five-day Catch and Effort Reporting System set out in Article 12 of Regulation (EC) No 601/2004, with the exception that Member States shall submit to the Commission catch and effort reports not later than two working days after the end of each reporting period, for immediate transmission to CCAMLR. In Sub-area 88.1 and in Divisions 58.4.1 and 58.42, reporting will be made by Small Scale Research Units;

(b) the Monthly fine-scale Catch and Effort Reporting System set out in Article 13 of Regulation (EC) No 601/2004;

(c) the total number and weight of Dissostichus eleginoides and Dissostichus mawsoni discarded, including those with the ‘jellymeat’ condition, shall be reported.

Article 48

Special requirements

1. The exploratory fisheries referred to in Article 46 shall be carried out in accordance with Article 8 of Council Regulation (EC) No 600/2004 of 22 March 2004 laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources ( 29 ) with regard to applicable measures to reduce the incidental mortality of seabirds in the course of long-line fisheries. In addition to these measures:

(a) the discharge of offal shall be prohibited in these fisheries;

(b) vessels participating in exploratory fisheries in Divisions 58.4.1 and 58.4.2 which comply with CCAMLR Protocols (A, B or C) for longline weighting shall be exempted from the night setting requirement; however, vessels which catch a total of three (3) seabird shall immediately revert to night setting in accordance with Article 8 of Regulation (EC) No 601/2004;

(c) vessels participating in exploratory fisheries in Sub-area 88.1 and Divisions 58.4.3a) and 58.4.3b) which catch a total of three (3) seabirds shall cease fishing immediately and shall not be permitted to fish outside the normal fishing season for the remainder of the 2004/2005 season.

2. Fishing vessels participating in exploratory fisheries in FAO Sub-area 88.1 shall be subject to the following additional requirements:

(a) vessels shall be prohibited from discharging: (i) oil or fuel products or oily residues into the sea, except as permitted in Annex I to MARPOL 73/78 (International Convention for the Prevention of Pollution from Ships); (ii) garbage; (iii) food wastes not capable of passing through a screen with openings no greater than 25 mm; (iv) poultry or parts (including egg shells); (v) sewage within 12 nautical miles of land or ice shelves, or sewage while the ship is travelling at a speed of less than 4 knots; or (vi) incineration ash.

(b) no live poultry or other living birds shall be brought into Sub-area 88.1 and any dressed poultry not consumed shall be removed from Sub-area 88.1;

(c) fishing for Dissostichus spp. in Sub-area 88.1 shall be prohibited within 10 nautical miles of the coast of the Balleny Islands.

Article 49

Definition of hauls

1. For the purposes of this Section, a haul comprises the setting of one or more lines in a single location. The precise geographic position of a haul shall be determined by the centre-point of the line or lines deployed for the purposes of catch and effort reporting.

2. To be designated as a research haul:

(a) each research haul shall be separated by no less than 5 nautical miles from any other research haul, distance to be measured from the geographical mid-point of each research haul;

(b) each haul shall comprise at least 3 500 hooks and no more than 10 000 hooks; this may comprise a number of separate lines set in the same location;

(c) each haul of a longline shall have a soak time of not less than six hours, measured from the time of completion of the setting process to the beginning of the hauling process.

Article 50

Research plans

Fishing vessels participating in the exploratory fisheries referred to in Article 46 shall implement Research Plans, in each and all SSRUs in which FAO Sub-area 88.1 and Divisions 58.4.1 and 58.4.2 are divided. The Research Plan shall be implemented in the following manner:

(a) on first entry into a SSRU, the first 10 hauls, designated ‘first series’, shall be designated ‘research hauls’ and must satisfy the criteria set out in Article 49(2);

(b) the next 10 hauls, or 10 tonnes of catch, whichever trigger level is achieved first, are designated the ‘second series’. Hauls in the second series can, at the discretion of the master, be fished as part of normal exploratory fishing. However, provided they satisfy the requirements of Article 49(2), these hauls can also be designated as research hauls;

(c) on completion of the first and second series of hauls, if the master wishes to continue to fish within the SSRU, the vessel must undertake a ‘third series’ which shall result in a total of 20 research hauls being made in all three series. The third series of hauls shall be completed during the same visit as the first and the second series in a SSRU;

(d) on completion of 20 research hauls of the third series, the vessel may continue to fish within the SSRU;

(e) in SSRUs A, B, C, E and G in Sub-area 88.1 where fishable seabed area is less than 15 000 km2, points (b), (c) and (d) shall not apply and on completion of 10 research hauls the vessel may continue to fish within the SSRU.

Article 51

Data collection plans

1. Fishing vessels participating in the exploratory fisheries referred to in Article 46 shall implement Data Collection Plans, in each and all SSRUs in which FAO Sub-area 88.1 and Divisions 58.4.1 and 58.4.2 are divided. The Data Collection Plan shall comprise the following data:

(a) the position and sea depth at each end of every line in a haul;

(b) the setting, soak, and hauling times;

(c) the number and species of fish lost at surface;

(d) the number of hooks set;

(e) the bait type;

(f) the baiting success (%);

(g) the hook type; and

(h) the sea and cloud conditions and phase of the moon at the time of setting the lines.

2. All data referred to under paragraph 1 shall be collected for every research haul; in particular, all fish in a research haul up to 100 fish are to be measured and at least 30 fish sampled for biological studies. Where more than 100 fish are caught, a method for randomly subsampling the fish shall be applied.

Article 52

Tagging programme

Each fishing vessel participating in the exploratory fisheries referred to in Article 46 shall implement a tagging programme as follows:

(a) Dissostichus spp. individuals shall be tagged and released at a rate of one individual per tonne of green weight catch throughout the season according to the CCAMLR Tagging Protocol. Vessels shall only discontinue tagging after they have tagged 500 individuals, or leave the fishery having tagged one individual per tonne of green weight caught;

(b) the programme shall target individuals of all sizes in order to meet the tagging requirement of one individual per one tonne of green weight catch. All released individuals shall be double-tagged and releases shall cover as broad a geographical area as possible;

(c) all tags shall be clearly imprinted with a unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual;

(d) all recaptured tagged individuals (i.e. fish caught that have a previously inserted tag) shall not be re-released, even if it was at liberty for only a short period;

(e) all recaptured tagged individuals shall be biologically sampled (length, weight, sex, gonad stage), an electronic photograph taken if possible, the otoliths recovered and the tag removed;

(f) all relevant tag data and any data recording tag recaptures shall be reported electronically in the CCAMLR format to CCAMLR within three months of the vessel departing these fisheries;

(g) all relevant tag data, any data recording tag recaptures, and specimens from recaptures shall also be reported electronically in the CCAMLR format to the relevant regional tag data repository as detailed in the CCAMLR Tagging Protocol.

Article 53

Scientific observers

Each fishing vessel participating in the exploratory fisheries referred to in Article 46 shall have at least two scientific observers, one of which shall be an observer appointed in accordance with the CCAMLR Scheme of International Scientific Observation, on board throughout all fishing activities within the fishing period.







CHAPTER VIII

FINAL PROVISIONS

Article 54

Scientific monitoring

1. This Regulation 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.

2. Marine organisms caught for the purposes referred to in paragraph 1 may be sold, stored, displayed or offered for sale, provided that:

(a) they meet the standards laid down in Annex XII to Regulation (EC) No 850/98 and the marketing standards adopted pursuant to Article 2 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the market in fishery and aquaculture products ( 30 ), or

(b) they are sold directly for purposes other than human consumption.

Article 55

Data transmission

Pursuant to Regulation (EEC) No 2847/93, data relating to the landing of quantities of stocks caught shall be sent by Member States to the Commission in computer readable form by using stock codes set out in each table of stock.

Article 56

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 the 1 January 2005.

Where the TACs of the CCAMLR area are set for periods starting before 1 January 2005, Article 44 shall apply with effect from the beginning of the respective periods of application of the TACs.

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









ANNEX I

FISHING OPPORTUNITIES APPLICABLE TO COMMUNITY FISHING VESSELS IN AREAS WHERE CATCH LIMITATIONS EXIST AND FOR THIRD COUNTRIES VESSELS IN EC WATERS, BY SPECIES AND BY AREA (IN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)

All catch limitations set out in this Annex shall be considered as quotas for the purposes of Article 9 of this Regulation, and shall, therefore, be subject to the rules set out in Regulation (EC) No 2847/93, and in particular Articles 14 and 15 thereof.

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







Common name Alpha-3 code Scientific name Albacore ALB Thunnus alalunga Alfonsinos ALF Beryx spp. American plaice PLA Hippoglossoides platessoides Anchovy ANE Engraulis encrasicolus Anglerfish ANF Lophiidae Antarctic icefish ANI Champsocephalus gunnari Antarctic toothfish TOP Dissostichus eleginoides Atlantic catfish CAT Anarhichas lupus Atlantic halibut HAL Hippoglossus hippoglossus Atlantic salmon SAL Salmo salar Basking shark BSK Cetorhinus maximus Bigeye tuna BET Thunnus obesus Birdbeak dogfish DCA Deania calcea Black scabbardfish BSF Aphanopus carbo Blackfin icefish SSI Chaenocephalus aceratus Blue ling BLI Molva dypterigia Blue marlin BUM Makaira nigricans Blue whiting WHB Micromesistius poutassou Bluefin tuna BFT Thunnus thynnus Cod COD Gadus morhua Common sole SOL Solea solea Crab PAI Paralomis spp. Dab DAB Limanda limanda Flatfish FLX Pleuronectiformes Flounder FLX Platichthys flesus Forkbeards FOX Phycis spp. Greater silver smelt ARU Argentina silus Greenland halibut GHL Reinhardtius hippoglossoides Grenadier GRV Macrourus spp. Great lantern shark ETR Etmopterus princeps Grey rockcod NOS Lepidonotothen squamifrons Haddock HAD Melanogrammus aeglefinus Hake HKE Merluccius merluccius Herring HER Clupea harengus Horse mackerel JAX Trachurus spp. Humped rockcod NOG Gobionotothen gibberifrons Kitefin shark SCK Dalatias licha Krill KRI Euphausia superba Lantern fish LAC Lampanyctus achirus Leafscale gulper shark GUQ Centrophorus squamosus Lemon sole LEM Microstomus kitt Ling LIN Molva molva Mackerel MAC Scomber scombrus Marbled rockcod NOR Notothenia rossii Megrims LEZ Lepidorhombus spp. Northern prawn PRA Pandalus borealis Norway lobster NEP Nephrops norvegicus Norway pout NOP Trisopterus esmarki Orange roughy ORY Hoplostethus atlanticus ‘Penaeus’ shrimps PEN Penaeus spp. Plaice PLE Pleuronectes platessa Polar cod POC Boreogadus saida Pollack POL Pollachius pollachius Porbeagle POR Lamna nasus Portuguese dogfish CYO Centroscymnus coelolepis Redfish RED Sebastes spp. Red Seabream SBR Pagellus bogaraveo Roughead grenadier RHG Macrourus berglax Roundnose grenadier RNG Coryphaenoides rupestris Saithe POK Pollachius virens Sandeel SAN Ammodytidae Short fin squid SQI Illex illecebrosus Skates and rays SRX-RAJ Rajidae Smooth lantern shark ETP Etmopterus pusillus Snow crab PCR Chionoecetes spp. South Georgian icefish SGI Pseudochaenichthys georgianus Spanish ling SLI Molva macrophthalmus Sprat SPR Sprattus sprattus Spurdog DGS Squalus acanthias Swordfish SWO Xiphias gladius Tope shark GAG Galeorhinus galeus Turbot TUR Psetta maxima Tusk USK Brosme brosme Unicorn icefish LIC Channichthys rhinoceratus Velvet belly ETX Etmopterus spinax White hake HKW Urophycis tenuis White marlin WHM Tetrapturus alba Whiting WHG Merlangius merlangus Witch flounder WIT Glyptocephalus cynoglossus Yellowfin tuna YFT Thunnus albacares Yellowtail flounder YEL Limanda ferruginea









ANNEX IA

BALTIC SEA

All TACs in this area, except for plaice and cod in Sub-divisions 25-32, are adopted in the framework of IBSFC.







Species: Herring Clupea harengus Zone: Sub-divisions 30-31 HER/3D30.; HER/3D31. Finland 52 471 Sweden 11 529 EC 64 000 TAC 64 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Herring Clupea harengus Zone: Sub-divisions 22-24 HER/3B23.; HER/3C22.; HER/3D24. Denmark 6 448 Germany 25 380 Finland 3 Poland 5 985 Sweden 8 184 EC 46 000 TAC 46 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Herring Clupea harengus Zone: Sub-divisions 25-29 (except Gulf of Riga) and 32 HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32. Denmark 2 588 Germany 686 Estonia 13 218 Finland 25 801 Latvia 3 262 Lithuania 3 405 (1) Poland 27 862 (2) Sweden 39 350 EC 116 172 (3) TAC 130 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Due to overfishing in 2003, the quota has been reduced by 30 tonnes in accordance with IBSFC decisions. (2) Due to overfishing in 2003, the quota has been reduced by 1 450 tonnes in accordance with IBSFC decisions. (3) Due to overfishing in 2003, the quota has been reduced by 1 480 tonnes in accordance with IBSFC decisions.







Species: Herring Clupea harengus Zone: Gulf of Riga HER/03D.RG Estonia 16 972 (1) Latvia 20 452 EC 37 424 (1) TAC 38 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Due to overfishing in 2003, the quota has been reduced by 576 tonnes in accordance with IBSFC decisions.







Species: Cod Gadus morhua Zone: Sub-divisions 25-32 (EC waters) COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32. Denmark 8 959 Germany 3 564 Estonia 873 Finland 686 Latvia 3 331 Lithuania 2 189 (1) Poland 10 203 (2) Sweden 9 077 EC 38 882 (3) TAC N/A Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Due to overfishing in 2003, the quota has been reduced by 6 tonnes in accordance with IBSFC decisions. (2) Due to overfishing in 2003, the quota has been reduced by 112 tonnes in accordance with IBSFC decisions. (3) Due to overfishing in 2003, the quota has been reduced by 118 tonnes in accordance with IBSFC decisions.







Species: Cod Gadus morhua Zone: Sub-divisions 22-24 (EC waters) COD/3B23.; COD/3C22.; COD/3D24. Denmark 10 781 Germany 5 271 Estonia 239 Finland 212 Latvia 892 Lithuania 579 Poland 2 885 Sweden 3 841 EC 24 700 TAC 24 700 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Plaice Pleuronectes platessa Zone: IIIbcd (EC waters) PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.; PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.; PLE/3D32. Denmark 2 697 Germany 300 Sweden 203 Poland 565 EC 3 766 TAC Not relevant Precautionary TAC where Articles 3 and 4 and of Regulation (EC) No 847/96 apply.







Species: Atlantic salmon Salmo salar Zone: IIIbcd (EC waters) excluding Sub-division 32 SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31. Denmark 93 512 (1) Germany 10 404 (1) Estonia 9 504 (1) Finland 116 603 (1) Latvia 59 478 (1) Lithuania 6 992 (1) Poland 28 368 (1) Sweden 126 400 (1) EC 451 260 (1) TAC 460 000 (1) Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Expressed by number of individual fish.







Species: Atlantic salmon Salmo salar Zone: Sub-division 32 SAL/3D32. Estonia 1 581 (1) Finland 13 838 (1) EC 15 419 (1) TAC 17 000 (1) Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Expressed by number of individual fish.







Species: Sprat Sprattus sprattus Zone: IIIbcd (EC waters) SPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.; SPR/3D26.; SPR/3D27.; SPR/3D28.; SPR/3D29.; SPR/3D30.; SPR/3D31.; SPR/3D32. Denmark 48 785 Germany 30 907 Estonia 56 650 Finland 25 538 Latvia 68 420 Lithuania 24 750 Poland 141 275 (1) Sweden 94 311 EC 490 636 (1) TAC 550 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply. (1) Due to overfishing in 2003, the quota has been reduced by 3 924 tonnes in accordance with IBSFC decisions.









ANNEX IB

SKAGERRAK, KATTEGAT, NORTH SEA AND WESTERN COMMUNITY WATERS

ICES areas Vb (EC waters), VI, VII, VIII, IX, X, CECAF (EC waters), and French Guyana







Species: Sandeel Ammodytidae Zone: IV (Norwegian waters) SAN/04-N. Denmark 9 500 United Kingdom 500 EC 10 000 TAC Not relevant Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Sandeel Ammodytidae Zone: IIa (1), IIIa, IV (1) SAN/2A3A4. Denmark 618 767 United Kingdom 13 525 All Member States 23 668 (2) EC 655 960 Norway 5 000 (3) TAC 660 960 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) EC waters excluding waters within 6 miles of UK baselines at Shetland, Fair Isle and Foula. (2) Except Denmark and the United Kingdom. (3) To be taken in the North Sea.







Species: Greater silver smelt Argentina silus Zone: I, II (Community waters and international waters) Germany 31 France 10 The Netherlands 25 United Kingdom 50 EC 116







Species: Greater silver smelt Argentina silus Zone: III, IV (Community waters and international waters) Denmark 1 180 Germany 12 France 8 Ireland 8 The Netherlands 55 Sweden 46 United Kingdom 21 EC 1 331







Species: Greater silver smelt Argentina silus Zone: V, VI, VII (Community waters and international waters) Germany 405 France 9 Ireland 375 The Netherlands 4 225 United Kingdom 297 EC 5 310 TAC 5 310







Species: Tusk Brosme brosme Zone: EC waters of zones IIa, IV, Vb, VI, VII USK/2A47-C EC Not relevant (1) Norway 4 000 (2) (3) TAC Not relevant (1) Specified in Regulation (EC) No 2270/2004. (2) Of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Sub-areas Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in Sub-areas Vb, VI and VII shall not exceed 3 000 tonnes. (3) Including ling. The quotas for Norway are ling 6 800 tonnes, and tusk 4 000 tonnes and are interchangeable of up to 2 000 tonnes and may only be fished with long-lines in ICES Division Vb and Sub-areas VI and VII.







Species: Tusk Brosme brosme Zone: IV (Norwegian waters) USK/04-N. Belgium 1 Denmark 191 Germany 1 France 1 The Netherlands 1 United Kingdom 5 EC 200 TAC Not relevant Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Basking shark Cetorhinus maximus Zone: EC waters of zones IV, VI and VII BSK/467. EC 0 TAC 0







Species: Herring (1) Clupea harengus Zone: IIIa HER/03A. Denmark 40 104 Germany 642 Sweden 41 950 EC 82 696 Faroe Islands 500 (2) TAC 96 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Landed as the entire catch or sorted from the remainder of the catch. (2) To be taken in Skagerrak.







Species: Herring (1) Clupea harengus Zone: IV north of 53°30′ N HER/4AB. Denmark 95 211 Germany 57 215 France 20 548 The Netherlands 56 745 Sweden 5 443 United Kingdom 70 395 EC 305 557 Norway 50 000 (2) TAC 535 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Landed as the entire catch or sorted from the remainder of the catch, Member States must inform the Commission of their landings of herring distinguishing between ICES Divisions IVa and IVb (zones HER/04A. and HER/04B.). (2) May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:







Norwegian waters south of 62° N (HER/*04N-) EC 50 000







Species: Herring Clupea harengus Zone: Norwegian waters south of 62° N HER/04-N. Sweden 1 102 (1) EC 1 102 TAC Not relevant (1) By-catches of cod, haddock, pollack and whiting and saithe shall be counted against the quota for these species.







Species: Herring (1) Clupea harengus Zone: IIIa HER/03A-BC Denmark 20 642 Germany 184 Sweden 3 324 EC 24 150 TAC 24 150 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) By-catches of herring taken in fisheries for species other than herring and landed unsorted.







Species: Herring (1) Clupea harengus Zone: IIa (EC waters), IV, VIId HER/2A47DX Belgium 248 Denmark 47 865 Germany 248 France 248 The Netherlands 248 Sweden 234 United Kingdom 909 EC 50 000 TAC 50 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) By-catches of herring taken in fisheries for species other than herring and landed unsorted.







Species: Herring (1) Clupea harengus Zone: IVc (2), VIId HER/4CXB7D Belgium 9 684 (3) Denmark 1 882 (3) Germany 1 131 (3) France 19 341 (3) The Netherlands 34 704 (3) United Kingdom 7 551 (3) EC 74 293 TAC 535 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Landed as the entire catch or sorted from the remainder of the catch. (2) Except Blackwater stock: reference is to the herring stock in the maritime region of the Thames estuary within a zone delimited by a line running due south from Landguard Point (51°56′ N, 1°19.1′ E) to latitude 51°33′ N and hence due west to a point on the coast of the United Kingdom. (3) Transfers of up to 50 % of this quota may be affected to ICES Division IVb. However, such transfers must be notified in advance to the Commission.







Species: Herring Clupea harengus Zone: Vb, VIaN (1) (EC waters), VIb HER/5B6ANB Germany 3 291 France 623 Ireland 4 447 The Netherlands 3 291 United Kingdom 17 788 EC 29 440 Faroe Islands 660 (2) TAC 30 100 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply. (1) Reference is to the herring stock in ICES Division VIa, north of 56°00′ N and in that part of VIa which is situated east of 07°00′ W and north of 55°00′ N, excluding the Clyde. (2) This quota may only be taken in Division VIa north of 56°30′ N.







Species: Herring Clupea harengus Zone: VIaS (1), VIIbc HER/6AS7BC Ireland 12 727 The Netherlands 1 273 EC 14 000 TAC 14 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply. (1) Reference is to the herring stock in ICES Division VIa, south of 56°00′ N and west of 07°00′ W.







Species: Herring Clupea harengus Zone: VIa Clyde (1) HER/06ACL. United Kingdom 1 000 EC 1 000 TAC 1 000 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply. (1) Clyde stock: reference is to the herring stock in the maritime area situated to the north-east of a line drawn between the Mull of Kintyre and Corsewall Point.







Species: Herring Clupea harengus Zone: VIIa (1) HER/07A/MM Ireland 1 250 United Kingdom 3 550 EC 4 800 TAC 4 800 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply. (1) ICES Division VIIa is reduced by the area added to the ICES area VIIghjk bounded: — to the north by latitude 52°30′ N — to the south by latitude 52°00′ N — to the west by the coast of Ireland — to the east by the coast of the United Kingdom







Species: Herring Clupea harengus Zone: VIIe,f HER/7EF. France 500 United Kingdom 500 EC 1 000 TAC 1 000 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Herring Clupea harengus Zone: VIIg,h,j,k (1) HER/7G-K. Germany 144 France 802 Ireland 11 236 The Netherlands 802 United Kingdom 16 EC 13 000 TAC 13 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply. (1) ICES Division VIIg,h,j,k is increased by the area bounded: — to the north by latitude 52°30′ N, — to the south by latitude 52°00′ N, — to the west by the coast of Ireland, — to the east by the coast of the United Kingdom.







Species: Anchovy Engraulis encrasicolus Zone: VIII ANE/08. Spain 27 000 France 3 000 EC 30 000 TAC 30 000 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Anchovy Engraulis encrasicolus Zone: IX, X, CECAF 34.1.1 (EC waters) ANE/9/3411 Spain 3 826 Portugal 4 174 EC 8 000 TAC 8 000 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Cod Gadus morhua Zone: Skagerrak COD/03AN. Belgium 10 Denmark 3 119 Germany 78 The Netherlands 20 Sweden 546 EC 3 773 TAC 3 900 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Cod Gadus morhua Zone: Kattegat COD/03AS. Denmark 617 Germany 13 Sweden 370 EC 1 000 TAC 1 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Cod Gadus morhua Zone: IIa (EC waters), IV COD/2AC4. Belgium 807 Denmark 4 635 Germany 2 939 France 997 The Netherlands 2 619 Sweden 31 United Kingdom 10 631 EC 22 659 Norway 4 641 (1) TAC 27 300 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:







Norwegian waters (COD/*04N-) EC 19 694







Species: Cod Gadus morhua Zone: Norwegian waters south of 62° N COD/04-N. Sweden 411 EC 411 TAC Not relevant Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Cod Gadus morhua Zone: Vb (EC waters), VI, XII, XIV COD/561214 Belgium 1 Germany 11 France 114 Ireland 162 United Kingdom 433 EC 721 TAC 721 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:







Vb (EC zone), VIa (COD/*5BC6A) Belgium 1 Germany 10 France 110 Ireland 156 United Kingdom 415 EC 692







Species: Cod Gadus morhua Zone: VIIa COD/07A. Belgium 29 France 79 Ireland 1 416 The Netherlands 7 United Kingdom 619 EC 2 150 TAC 2 150 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Cod Gadus morhua Zone: VIIb-k, VIII, IX, X, CECAF 34.1.1 (EC waters) COD/7X7A34 Belgium 266 France 4 554 Ireland 849 The Netherlands 38 United Kingdom 493 EC 6 200 TAC 6 200 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Megrims Lepidorhombus spp. Zone: IIa (EC waters), IV (EC waters) LEZ/2AC4-C Belgium 5 Denmark 4 Germany 4 France 28 The Netherlands 22 United Kingdom 1 677 EC 1 740 TAC 1 740 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Megrims Lepidorhombus spp. Zone: Vb (EC waters), VI, XII, XIV LEZ/561214 Spain 327 France 1 277 Ireland 373 United Kingdom 903 EC 2 880 TAC 2 880 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Megrims Lepidorhombus spp. Zone: VII LEZ/07. Belgium 520 Spain 5 779 France 7 013 Ireland 3 189 United Kingdom 2 762 EC 19 263 TAC 19 263 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Megrims Lepidorhombus spp. Zone: VIIIabde LEZ/8ABDE. Spain 1 238 France 999 EC 2 237 TAC 2 237 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Megrims Lepidorhombus spp. Zone: VIIIc, IX, X, CECAF 34.1.1 (EC waters) LEZ/8C3411 Spain 1 233 France 62 Portugal 41 EC 1 336 TAC 1 336 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Dab and flounder Limanda limanda and Platichthys flesus Zone: IIa (EC waters), IV (EC waters) D/F/2AC4-C Belgium 491 Denmark 1 844 Germany 2 766 France 192 The Netherlands 11 151 Sweden 6 United Kingdom 1 550 EC 18 000 TAC 18 000 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Anglerfish Lophiidae Zone: IIa (EC waters), IV (EC waters) ANF/2AC4-C Belgium 365 Denmark 804 Germany 393 France 75 The Netherlands 276 Sweden 9 United Kingdom 8 392 EC 10 314 TAC 10 314 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Anglerfish Lophiidae Zone: IV (Norwegian waters) ANF/04-N. Belgium 54 Denmark 1 381 Germany 22 The Netherlands 20 United Kingdom 323 EC 1 800 TAC Not relevant Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Anglerfish Lophiidae Zone: Vb (EC waters), VI, XII, XIV ANF/561214 Belgium 168 Germany 192 Spain 180 France 2 073 Ireland 469 The Netherlands 162 United Kingdom 1 442 EC 4 686 TAC 4 686 Analytical TAC where Article 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Anglerfish Lophiidae Zone: VII ANF/07. Belgium 2 318 Germany 258 Spain 921 France 14 874 Ireland 1 901 The Netherlands 300 United Kingdom 4 510 EC 25 082 TAC 25 082 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Anglerfish Lophiidae Zone: VIIIa,b,d,e ANF/8ABDE. Spain 932 France 5 188 EC 6 120 TAC 6 120 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Anglerfish Lophiidae Zone: VIIIc, IX, X, CECAF 34.1.1 (EC waters) ANF/8C3411 Spain 1 629 France 2 Portugal 324 EC 1 955 TAC 1 955 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Haddock Melanogrammus aeglefinus Zone: IIIa, IIIbcd (EC waters) HAD/3A/BCD Belgium 18 Denmark 3 036 Germany 193 The Netherlands 4 Sweden 359 EC 3 610 (1) TAC 4 018 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply (1) Excluding an estimated 239 tonnes of industrial by-catch.







Species: Haddock Melanogrammus aeglefinus Zone: IIa (EC waters), IV HAD/2AC4. Belgium 544 Denmark 3 742 Germany 2 381 France 4 150 The Netherlands 408 Sweden 264 United Kingdom 39 832 EC 51 321 (1) Norway 14 679 TAC 66 000 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Excluding an estimate of 578 tonnes of industrial by-catch.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:







Norwegian waters (HAD/*04N-) EC 38 175







Species: Haddock Melanogrammus aeglefinus Zone: Norwegian waters, south of 62° N HAD/04-N. Sweden 761 EC 761 TAC Not relevant Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Haddock Melanogrammus aeglefinus Zone: VIb, XII, XIV HAD/6B1214 Belgium 2 Germany 2 France 77 Ireland 55 United Kingdom 566 EC 702 TAC 702 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Haddock Melanogrammus aeglefinus Zone: Vb, VIa (EC waters) HAD/5BC6A. Belgium 17 Germany 20 France 838 Ireland 598 United Kingdom 6 127 EC 7 600 TAC 7 600 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Haddock Melanogrammus aeglefinus Zone: VII, VIII, IX, X, CECAF 34.1.1 (EC waters) HAD/7/3411 Belgium 128 France 7 680 Ireland 2 560 United Kingdom 1 152 EC 11 520 TAC 11 520 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in division:







VIIa (HAD/*07A.) Belgium 24 France 109 Ireland 649 United Kingdom 718 EC 1 500 When reporting to the Commission the uptake of their quotas, Member States shall specify quantities taken in VIIa. Landings of haddock caught in Division VIIa shall be prohibited when the totality of such landings exceeds 1 500 tonnes.







Species: Whiting Merlangius merlangus Zone: IIIa WHG/03A. Denmark 651 The Netherlands 2 Sweden 70 EC 723 (1) TAC 1 500 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Excluding an estimated 750 tonnes of industrial by-catch.







Species: Whiting Merlangius merlangus Zone: IIa (EC waters), IV WHG/2AC4. Belgium 605 Denmark 2 618 Germany 681 France 3 935 The Netherlands 1 513 Sweden 4 United Kingdom 10 444 EC 19 800 (1) Norway 2 800 (2) TAC 28 000 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Excluding an estimated 5 400 tonnes of industrial by-catch. (2) May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified.







Norwegian waters (WHG/*04N-) EC 17 073







Species: Whiting Merlangius merlangus Zone: Vb (EC waters), VI, XII, XIV WHG/561214 Germany 10 France 195 Ireland 478 United Kingdom 917 EC 1 600 TAC 1 600 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Whiting Merlangius merlangus Zone: VIIa WHG/07A. Belgium 1 France 18 Ireland 296 The Netherlands 0 United Kingdom 199 EC 514 TAC 514 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Whiting Merlangius merlangus Zone: VIIb-k WHG/7X7A. Belgium 211 France 12 960 Ireland 6 006 The Netherlands 105 United Kingdom 2 318 EC 21 600 TAC 21 600 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Whiting Merlangius merlangus Zone: VIII WHG/08. Spain 1 440 France 2 160 EC 3 600 TAC 3 600 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Whiting Merlangius merlangus Zone: IX, X, CECAF 34.1.1 (EC waters) WHG/9/3411 Portugal 816 EC 816 TAC 816 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Whiting and Pollack Merlangius merlangus and Pollachius pollachius Zone: Norwegian waters, south of 62° N W/P/04-N. Sweden 190 EC 190 TAC Not relevant Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Hake Merluccius merluccius Zone: IIIa, IIIbcd (EC waters) HKE/3A/BCD Denmark 1 183 Sweden 101 EC 1 284 TAC 1 284 (1) Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply. (1) Within an overall TAC of 42 600 tonnes for the northern stock of hake.







Species: Hake Merluccius merluccius Zone: IIa (EC waters), IV (EC waters) HKE/2AC4-C Belgium 21 Denmark 866 Germany 99 France 191 The Netherlands 50 United Kingdom 269 EC 1 496 TAC 1 496 (1) Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply. (1) Within an overall TAC of 42 600 tonnes for the northern stock of hake.







Species: Hake Merluccius merluccius Zone: Vb (EC waters), VI, VII, XII, XIV HKE/571214 Belgium 220 Spain 7 042 France 10 873 Ireland 1 318 The Netherlands 142 United Kingdom 4 293 EC 23 888 TAC 23 888 (1) Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply. (1) Within an overall TAC of 42 600 tonnes for the northern stock of hake.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:







VIIIabde (HKE/*8ABDE) Belgium 28 Spain 1 137 France 1 137 Ireland 142 The Netherlands 14 United Kingdom 639 EC 3 096







Species: Hake Merluccius merluccius Zone: VIIIa,b,d,e HKE/8ABDE. Belgium 7 Spain 4 902 France 11 009 The Netherlands 14 EC 15 932 TAC 15 932 (1) Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply. (1) Within an overall TAC of 42 600 tonnes for the northern stock of hake.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:







Vb (EC waters), VI, VII, XII, XIV (HKE/*57-14) Belgium 1 Spain 1 420 France 2 557 The Netherlands 4 EC 3 982







Species: Hake Merluccius merluccius Zone: VIIIc, IX, X, CECAF 34.1.1 (EC waters) HKE/8C3411 Spain 3 819 France 367 Portugal 1 782 EC 5 968 TAC 5 968 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Blue whiting Micromesistius poutassou Zone: IIa (EC waters), IV (EC waters) WHB/2AC4-C Denmark 118 475 Germany 195 The Netherlands 359 Sweden 382 United Kingdom 2 613 EC 122 024 Norway 40 000 (1) TAC Not relevant Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply. (1) Within a total quota of 120 000 tonnes in EC waters.







Species: Blue whiting Micromesistius poutassou Zone: IV (Norwegian waters) WHB/04-N. Denmark 18 050 United Kingdom 950 EC 19 000 TAC Not relevant Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Blue whiting Micromesistius poutassou Zone: V, VI, VII, XII and XIV WHB/571214 Denmark 9 803 Germany 37 947 Spain 63 244 (1) France 52 809 Ireland 75 893 The Netherlands 119 216 Portugal 4 743 (1) United Kingdom 110 678 EC 474 333 Norway 120 000 (2) (3) Faroe Islands 45 000 (4) (5) TAC Not relevant Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply. (1) Of which up to 75 % may be taken in areas VIIIc, IX, X, CECAF 34.1.1 (EC waters). (2) May be fished in EC waters in areas II, IVa, VIa north of 56°30′N, VIb, VII west of 12°W. (3) Of which up to pm tonnes may consist of argentine (Argentina spp.). (4) Catches of blue whiting may include unavoidable catches of argentine (Argentina spp.) (5) May be fished in EC waters in areas VIa north of 56°30′ N, VIb, VII west of 12° W.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:







IVa WHB/*04A-C Norway 40 000







Species: Blue whiting Micromesistius poutassou Zone: VIIIa,b,d,e WHB/8ABDE. Spain 24 404 France 18 936 Portugal 3 661 United Kingdom 17 672 EC 64 673 TAC Not relevant Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.

Special conditions:

Any part of the abovementioned quotas may be fished in ICES Division Vb (EC waters), sub-areas VI, VII, XII and XIV (WHB/*5B-14).







Species: Blue whiting Micromesistius poutassou Zone: VIIIc, IX, X, CECAF 34.1.1 (EC waters) WHB/8C3411 Spain 107 382 Portugal 26 845 EC 134 227 TAC Not relevant Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Lemon sole and witch Microstomus kitt and Glyptocephalus cynoglossus Zone: IIa (EC waters), IV (EC waters) L/W/2AC4-C Belgium 352 Denmark 970 Germany 125 France 265 The Netherlands 807 Sweden 11 United Kingdom 3 970 EC 6 500 TAC 6 500 Precautionary TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Blue ling Molva dypterigia Zone: IIa, IV, Vb, VI, VII (Community waters) BLI/2A47-C EC Not relevant (1) Norway 200 TAC Not relevant (1) Specified in Regulation (EC) No 2270/2004.







Species: Blue ling Molva dypterigia Zone: EC waters of zones VIa (north of 56°30′ N), VIb BLI/6AN6B. Faroe Islands 900 (1) TAC Not relevant (1) To be fished by trawl, by-catches of roundnose grenadier and black scabbard fish to be counted against this quota.







Species: Ling Molva molva Zone: I, II (Community waters and international waters) Denmark 10 Germany 10 France 10 United Kingdom 10 Others (1) 5 EC 45 (1) Exclusively for by-catches. No directed fisheries are permitted under this quota.

▼M1







Species: Ling Molva molva Zone: III (Community waters and international waters) Belgium 10 (1) Denmark 76 Germany 10 Sweden 30 United Kingdom 10 (1) EC 136 (1) May not be fished in Division 3 IIIb,c,d.

▼B







Species: Ling Molva molva Zone: IV (Community waters and international waters) Belgium 25 Denmark 397 Germany 246 France 221 The Netherlands 8 Sweden 17 United Kingdom 3 052 EC 3 966







Species: Ling Molva molva Zone: V (Community waters and international waters) Belgium 12 Denmark 9 Germany 9 France 9 United Kingdom 9 EC 48







Species: Ling Molva molva Zone: VI, VII, VIII, IX, X, XII, XIV (Community waters and international waters) Belgium 56 Denmark 10 Germany 204 Spain 4 124 France 4 397 Ireland 1 102 Portugal 10 United Kingdom 5 063 EC 14 966







Species: Ling Molva molva Zone: EC waters of zones IIa, IV, Vb, VI, VII LIN/2A47-C EC Not relevant (1) Norway 6 800 (2) (3) Faroe Islands 800 (4) (5) TAC Not relevant (1) Specified in Regulation (EC) No 2270/2004. (2) Of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Sub-areas VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in Sub-areas VI and VII shall not exceed 3 000 tonnes. (3) Including tusk. The quotas for Norway are ling 6 000 tonnes, and tusk 4 000 tonnes and are interchangeable of up to 2 000 tonnes and may only be fished with longlines in ICES Division Vb and Sub-areas VI and VII. (4) Including blue ling and tusk. Only to be taken by long lines in VIa (north of 56°30′ N) and VIb. (5) Of which an incidental catch of other species of 20 % per ship, at any moment, is authorised in Sub-area VI. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in Sub-area VI shall not exceed 75 tonnes.







Species: Ling Molva molva Zone: IV (Norwegian waters) LIN/04-N. Belgium 7 Denmark 878 Germany 25 France 10 The Netherlands 1 United Kingdom 79 EC 1 000 TAC Not relevant Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Norway lobster Nephrops norvegicus Zone: IIIa (EC waters), IIIbcd (EC waters) NEP/3A/BCD Denmark 3 454 Germany 10 Sweden 1 236 EC 4 700 TAC 4 700 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Norway lobster Nephrops norvegicus Zone: IIa (EC waters), IV (EC waters) NEP/2AC4-C Belgium 1 117 Denmark 1 117 Germany 16 France 33 The Netherlands 575 United Kingdom 18 492 EC 21 350 TAC 21 350 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Norway lobster Nephrops norvegicus Zone: IV (Norwegian waters) NEP/04-N. Denmark 946 Germany 1 United Kingdom 53 EC 1 000 TAC Not relevant Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.







Species: Norway lobster Nephrops norvegicus Zone: Vb (EC waters), VI NEP/5BC6. Spain 26 France 103 Ireland 172 United Kingdom 12 399 EC 12 700 TAC 12 700 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Norway lobster Nephrops norvegicus Zone: VII NEP/07. Spain 1 173 France 4 753 Ireland 7 207 United Kingdom 6 411 EC 19 544 TAC 19 544 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Norway lobster Nephrops norvegicus Zone: VIIIa,b,d,e NEP/8ABDE. Spain 186 France 2 914 EC 3 100 TAC 3 100 Analytical TAC where Articles 3 and 4 of Regulation (EC) No 847/96 apply.







Species: Norway lobster Nephrops norvegicus Zone: VIIIc N