Proposal for a COUNCIL REGULATION 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

(presented by the Commission)

TABLE OF CONTENTS

EXPLANATORY MEMORANDUM

CHAPTER I Scope and definitions

CHAPTER II Fishing opportunities and associated conditions for Community vessels

CHAPTER III Fishing opportunities and associated conditions for third country vessels

CHAPTER IV Licensing arrangements for Community vessels

CHAPTER V Licensing arrangements for third country vessels

CHAPTER VI Special provisions for Community vessels fishing in the area of NAFO

Section 1Community participation

Section 2 Technical measures

Section 3 Control measures

Section 4 Special provisions for Northern prawns

Section 5 Special provisions for Greenland halibut

Section 6 Special provisions for redfish

CHAPTER VII Special provisions for community vessels fishing in the area of CCAMLR

Section 1 Restrictions

Section 2 Exploratory fisheries

CHAPTER VIII Final Provisions

ANNEX I Fishing opportunities applicable for Community vessels in areas where catch limitations exist and for vessels from third countries in EC waters, by species and by area (in tonnes live weight, except where otherwise specified)

ANNEX IA BALTIC SEA

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

ANNEX IC NORTH EAST ATLANTIC AND GREENLAND ICES areas I, II, IIIa, IV, V, XII, XIV and NAFO 0, 1 (Greenland waters)

ANNEX ID NORTH WEST ATLANTIC Area of NAFO

ANNEX IE HIGHLY MIGRATORY FISH - All Areas

ANNEX IF ANTARCTIC - Area of CCAMLR

ANNEX II Fishing opportunities applicable in 2004 for herring to be landed unsorted for purposes other than human consumption (in tonnes, live weight)

ANNEX III SPECIAL MEASURES CONCERNING NORTH SEA HERRING

ANNEX IV TRANSITIONAL TECHNICAL MEASURES

ANNEX V INTERIM FISHING EFFORT LIMITATION AND ADDITIONAL CONDITIONS FOR MONITORING, INSPECTION AND SURVEILLANCE IN THE CONTEXT OF CERTAIN FISH STOCKS RECOVERY

ANNEX VI FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN THE NORTH SEA AND THE SKAGERRAK

ANNEX VII

ANNEX VIII

ANNEX IX CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION

ANNEX X

ANNEX XI

ANNEX XII

ANNEX XIII

ANNEX XIV NAFO area

ANNEX XV Prohibition of directed fishing in CCAMLR area

ANNEX XVI Catch and by-catch limits for new and exploratory fisheries in the Area of CCAMLR in 2003/04

FINANCIAL STATEMENT

1. Title of operation

2. Budget heading(s) involved

3. Legal basis

4. Description of operation

4.1 General objective

4.2 Period covered and arrangements for renewal

5. Classification of expenditure or revenue

5.1 Compulsory expenditure

5.2 Differentiated appropriations

6. Type of expenditure or revenue

7. Financial impact

7.1 Method of calculating total cost of operation (relation between individual and total costs)

8. Fraud prevention measures

9. Elements of cost-effectiveness analysis

10. Administrative expenditure (Section III, Part A of the budget)

EXPLANATORY MEMORANDUM

This proposal for a Council Regulation fixes for 2004 the fishing opportunities for the Community in several fishing grounds and for third country vessels in Community waters and the conditions under which the fishing opportunities may be fished. It also proposes interim measures to limit fishing effort on severely-depleted fish stocks, pending the adoption of recovery plans for such stocks. The fixing and sharing of possibilities for fishing and rules for limiting fishing effort fall within the exclusive competence of the Community and arise from Article 20 of Regulation No 2371/2002 of the Council of 20 December 2002.

I. THE POLICY BACKGROUND TO THE PROPOSAL

The most recent report of the International Council for the Exploration of the Sea (ICES, October 2003), largely endorsed by the EC Scientific Technical and Economic Committee for Fisheries (STECF), confirms the trends identified last year. Many stocks of demersal fish and some stocks of pelagic fish are over-exploited and are outside safe biological limits. Although for some over-exploited stocks there are indications that they have improved in biomass and fishing mortality rates, others are still in immediate danger of collapse. Fourteen stocks now require recovery plans, compared to nine last year. Depending on the stock, ICES has either recommended zero catches in the fishery concerned or imposing very restrictive Total Allowable Catches (TACs) pending the adoption of a recovery plan.

ICES also repeats that the required reductions in fishing mortality can only be achieved if significant reductions in fishing effort are included in management. This justifies once more the Commission's approach to propose direct effort management as a key instrument in fisheries management, both in the TAC and quota regulation and in recovery plans for endangered stocks. If these effort limitations cannot be agreed then the Commission will insist on more restrictive TACs, or other measures that will achieve similar effects.

The Commission is convinced that multi-annual management plans are necessary to ensure long-term sustainability of the stocks. In the absence of such plans, we must have more restrictive short term management approaches. While the Commission recognises that a gradual approach to recovery is to be preferred, such a gradual approach, which often departs substantially from the scientist's recommendations for strong remedial action in the short term, can only be accepted where there is a long-term commitment to gradual recovery, including all the necessary elements (effort management and efficient controls or fishing activity) to make such a commitment effective.

In the recent advice scientists have recommended a fishery-based approach to management, because single species management cannot adequately reflect the complexity of many mixed fisheries in which stocks are caught together. The fishery-based approach makes it necessary to take account of the association of different stocks in the same fisheries. It is also an additional reason to use direct effort management as a management tool.

Management measures will only achieve their objective if they are adequately adhered to. The Commission intends to introduce proposals in the first semester of 2004(in addition to the improvements in the control provisions applicable to the interim effort management scheme) to improve the implementation of management measures.

But new rules will not suffice if Member States do not ensure that they are complied with. A general improvement of control and enforcement is essential for the conservation of fish stocks. The Commission has recently opened infringement procedures against some Member States in respect of inadequate control and enforcement of Community rules. Member States are reminded that under Article 26 of Council Regulation N° 2371/2002 the Commission may take preventive measures in the event that a Member State's failure to enforce Community rules could lead to a serious threat to the conservation of resources.

II. Effort restrictions

In the light of the ICES advice on the use of fishing effort, the Commission considers this management instrument to be essential for the recovery of the most endangered stocks. The Council recognised last December the need for interim fishing effort measures in respect of certain cod fisheries.

The Commission has already proposed recovery plans for several stocks which include the use of direct fishing effort management. Only one of these proposals can be adopted in December, however, and the proposed effort management scheme cannot be implemented until several months into 2004.

ICES has meanwhile recommended to close the fisheries for several additional stocks pending the adoption by the Community of recovery plans for them.

Under these circumstances the Commission considers it essential to propose interim rules for the management of fishing effort, similar to those implemented under Annex XVII of Regulation 2341/2002, to apply to all fisheries for which ICES has made its most stringent recommendation, i.e., to close the fishery. An interim effort management regime, based on a limited number of fishing days by gear category, is proposed for the cod fisheries in Skagerrak, Kattegat, North Sea, Irish Sea and the West of Scotland, for sole in the Western Channel and for Southern hake, anglerfish and Norway lobster off the Iberian peninsula.

For these stocks the Commission proposes TACs that are not consistent with ICES' recommendations for a zero TAC. Such proposals imply a higher level of risk, and a longer time frame for recovery, than strict adherence to scientific advice. For those TAC levels to be effective in securing recovery, they must be supported by limitations of fishing effort.

The current interim effort limitation measure, however, needs to be made more effective. Its rules are over- complicated and difficult to control and enforce. The measure does not ensure the reductions in effort required to guarantee the recovery of stocks because it does not properly restrict days spent at sea but rather the number of days spent using certain gear types. It needs to be strengthened and simplified to improve compliance.

The proposed measures are laid down in Annex V.

The main changes proposed in respect of the current measures are:

- a requirement to remain in port or out of the area after the specified number of days absent from port has been used;

- the removal of the excluded areas in the North Sea and west of Scotland and instead the proposal that additional days absent from port will be given to vessels with a proven low track record of landings of the endangered stocks;

- more accurate estimates of track record days at sea, which have been used to update the effort allocations and reductions ;

- a stricter one net per trip rule.

Furthermore, ICES has recommended to manage the fishery for sandeel in the North Sea with a specific effort management plan. Annex VI lays down this management plan.

III. Setting Total Allowable Catches (TAC's)

(a) Stocks in Community waters

As in previous years, the Commission proposals for TAC's are based on the latest scientific advice, modified in some cases by the need to assure continuity of economic activity in the fisheries concerned, provided that this is consistent with a significantly reduced risk to threatened fish stocks.

The latest ICES advice, which implies a complete closure of many demersal fisheries in the EU, must be considered in the light of the decisions taken in the past two years by the Council. These decisions have resulted in significant reductions in fishing quotas for endangered stocks and the introduction in 2003 of interim fishing effort controls for some fisheries. These measures have been accompanied by decommissioning programmes which have led to the reduction of fishing capacity in some Member States [1]. The Commission considers, therefore, that its current policy, which is to allow continuation of fishing but at low levels, may yield results provided that it is fully complied with. Rather than impose further cuts in fishing on previously-identified recovery stocks, the Commission is convinced that the measures now in place need to be strengthened and it needs to be ensured that such measures are strictly adhered to. Significant reductions of fishing will, however, be necessary for fisheries identified for the first time as requiring recovery measures.

[1] The United Kingdom, Denmark and the Netherlands have implemented decommissioning programmes linked to the implementation of effort restrictions in the North Sea.

The Commission proposes, as it did last year, TACs consistent with a low fishing mortality for recovery stocks. Where other stocks are caught together with recovery stocks, the Commission proposes appropriate reductions in the TACs for those species, based on the degree of association of these stocks with recovery stocks.

The Commission has consulted stakeholders in the process of preparing this year's proposals. On the basis of these consultations, the Commission recognises the need for a gradual approach that strikes a reasonable balance between the need to recover the stocks to safe biological levels as quickly as possible and the need to ensure some continuity of economic activity. This proposal, which in general maintains the level of constraint on the fishing industry imposed last year by the Council in respect of recovery stocks, while introducing additional constraints in respect of "new" recovery stocks, corresponds to such balance. Moving further away from scientific advice because of short-term economic considerations would seriously compromise the long- term recovery of the most endangered stocks and thereby jeopardise the long-term future of the fishing industry. That is not an acceptable option for the Commission.

In the case of stocks other than recovery stocks and stocks associated with them managed by the Community alone, where ICES based its advice on analytical assessments and where the STECF has reviewed the advice of ICES, the TACs proposed are based on the advice of these committees.

Turning to the more detailed approach to the setting of TACs in Community waters, the Commission uses the following criteria for the following categories of stocks.

Stocks where ICES and STECF have advised a closure of the fisheries

The relevant stocks are:

- Cod in Kattegat

- Cod in Skagerrak, the North Sea and the Eastern Channel

- Cod in the West of Scotland

- Cod in the Irish Sea

- Whiting in the Irish Sea

- Sole in the Western Channel

- Hake off the Iberian peninsula

- Norway lobster in the Iberian peninsula

For a number of stocks ICES advised a closure in 2002 and Council adopted TACs consistent with large fishing mortality reductions of 65% (cod in the North Sea, cod to the west of Scotland, cod in the Kattegat and cod in the Irish Sea).

For the North Sea cod, ICES has not been able to provide new quantitative advice and the Commission proposes to retain an unchanged TAC for this stock.

Where new advice has been provided, the Commission proposes TACs that are consistent with the latest information and with the Council's intended fishing mortality reduction in 2002 (West of Scotland cod, Kattegat cod, Irish Sea cod) except where application of the Commission's proposed harvest rules would allow TACs to be taken that are consistent with an intended increase in spawning biomass.

For other stocks for which ICES now proposes a closure (Sole in the Western channel, hake and Norway lobster stocks off the Iberian peninsula, Irish Sea whiting) the Commission proposes TACs consistent with the 2002 decisions on acceptable fishing mortality reductions but adjusted in some cases having regard to a lesser degree of urgency of recovery.

The Commission intends to include whiting in the Irish Sea in one of the proposals for recovery plans, through an amendment in 2004.

Stocks where ICES and STECF has advised a reductions to very low levels or else a recovery plan

The concerned stocks are:

- Plaice in the North Sea

- Northern Hake

- Cod in the Celtic Sea

- Plaice in the Celtic Sea

- Sole in the Bay of Biscay

- Anglerfish off the Iberian peninsula

For sole in the Bay of Biscay, the Commission proposes a TAC corresponding to a reduction of fishing mortality proportional to that applied to other stocks with a similar conservation status.

For northern hake, the Commission proposes a TAC in line with the harvest rules of the hake recovery plan.

For plaice in the North Sea, the Commission proposes a TAC estimated to correspond to the reduction of 40% in fishing mortality recommended by ICES. For Celtic Sea cod, the Commission proposes a TAC corresponding to the same objective as those of other cod stocks in the cod recovery plan, i.e., an annual increase of 30% increase in biomass. For Celtic Sea whiting, the TAC corresponds to the same reduction in fishing mortality as for cod in the same area.

The Commission intends to include the two Celtic Sea stocks and the plaice in the North Sea, as well as anglerfish off the Iberian peninsula into existing recovery plans or proposals for such plans in the course of 2004.

Stocks associated with a stock for which ICES and STECF have advised a closure or else a reduction to the lowest possible level

The relationships between cod and other stocks in the North Sea have been quantified in a multi-species model for fisheries management developed by a working group of STECF. The Commission has taken it as a basis for setting TAC's for some closely associated species such as haddock and whiting in the North Sea and Irish Sea and proposes TACs that will imply reductions in fishing mortality proportional to the degree of association among the species concerned.

At the request of the fishing industry the Commission has considered ways of decoupling the fishing of recovery stocks and associated stocks such as saithe and haddock, either through separation of fishing grounds or by measures relating to catch composition.

Because of the difficulties encountered in applying different rules to fishing activity according to small geographical areas, in the context of Annex XVII of Regulation 2341/2002, the Commission does not favour a geographical approach to de-coupling of associated stocks. Instead, vessels with a track record of a less than 5% by-catch of cod will be permitted more days-at-sea than other vessels with higher bycatch percentages of cod. This approach is combined with provisions to enhance compliance with that percentage.

The Commission accepts, however, that the evidence of relatively low catches of cod in most areas in which Norway lobster is fished justifies some relaxation of the assumed association between these species. It therefore proposes an increase in the TAC for these stocks from 2003 levels. To the extent that technical measures to be adopted in 2004 can further de-couple the Norway lobster fisheries from those for cod, the Commission will consider further increases in the Norway lobster TACs for 2005.

In areas outside the North Sea, there is advice concerning the association between the stocks concerned. The Commission proposes an additional reduction in fishing mortality for associated stocks (such as megrim, anglerfish, sole and whiting) to contribute to the recovery of the stocks to which they are associated, i.e. cod, hake and sole. Most of these associated stocks are fished outside safe biological limits in any case, and the major part of any proposed reduction in fishing mortality is based on the single species scientific advice.

Other stocks where ICES and STECF have advised that the stocks are outside safe biological limits and advised a substantial reduction in fishing mortality

For stocks outside safe biological limits but not falling into either of the categories mentioned above, the Commission proposes a TAC corresponding to the short-term catch option advised by either or both ICES and STECF, except that in order to mitigate the effects of uncertainty in the assessments and to afford improved stability of markets and fishing operations, the Commission proposes to limit any change in TAC to no more than 40% compared to the TAC of 2002 where this can be done without exceeding precautionary fishing mortality Fpa.

Stocks inside safe biological limits and not associated with a stock where ICES and STECF have advised a closure or a recovery plan.

Where the assessment of the stock concludes that it is inside safe biological limits, the Commission chooses a catch option as a basis for a TAC proposal that will not lead to the forecast for the stock crossing a safe biological limit (i.e., moving either below the precautionary biomass, Bpa, or above the precautionary fishing mortality, Fpa) in the foreseeable future.

The Commission proposes TACs corresponding to the short-term catch option advised by ICES and supported by STECF. In order to mitigate the effects of uncertainty in the advice and to improve economic stability for the fishing industry, the Commission will limit any increase or decrease in the TAC to no more than 20% compared to the TAC of 2002 where this can be done without exceeding Fpa. In case of an increase in the TAC the Commission may further limit the increase to contribute to the stability of markets and fishing operations.

Where advice on long-term effects is available that either a different limit value on TAC change is appropriate or that a change in fishing mortality would allow increases in yield without prejudice to biological risk, the Commission takes account of such advice when making its proposal for a TAC.

Stocks for which no assessments are available

In the case of stocks for which no analytical assessments are available, TACs (precautionary TACs) have been proposed. In such cases, the Commission has based its proposal on advice either from ICES or from STECF wherever these bodies give an explicit value for the TAC.

For the so-called "precautionary TACs", where neither assessment nor advice are available, the Commission as a general rule proposes a TAC for 2004 equal to the TAC adopted for 2003 where the reported landings indicate a high quota utilisation. Where the utilisation of a "precautionary TAC" is low, the Commission has considered whether the shortfall has been due to a lack of genuine fishing opportunities (i.e. the existence of "paper fish"). In these cases, the Commission proposes to reduce the TAC in order that TACs better reflect (and therefore protect in the long term) genuine fishing opportunities. The Commission proposes a 20% reduction in TACs in these cases in order to achieve a gradual reduction in fishing possibilities to levels of landings observed in recent years.

(b). Stocks managed in the context of Regional Fisheries Organisations

Certain stocks are managed in the context of regional fisheries organisations or following bilateral consultations with third countries. The Commission proposal, for these stocks, reflects the decisions taken within these frameworks.

Northwest Atlantic Fisheries Organisation (NAFO) adopted a rebuilding plan for Greenland halibut in NAFO Subarea 2 and divisions 3KLMNO. The objective of this rebuilding plan is to attain a level of exploitable biomass 5+ of 140.000 tonnes on average, allowing a stable yield over the long term for this stock. In order to obtain this goal, the rebuilding plan foresees a reduction of the TAC level until 2007 as well as additional measures to ensure the effectiveness of the plan. It is therefore necessary to implement these measures already from 2004 pending the adoption of a Council Regulation implementing multi-annual measures to rebuild the Greenland halibut stock.

(c). Stocks managed in the context of bilateral Agreements

The TACs corresponding to the stocks shared with Norway in Annex IB, as well as quotas allocated to Norway in Annexes IC and II are provisional, pending the conclusion of Fisheries Consultations between the European Community and Norway for 2004.

IV. Control and Enforcement of Catch Limits and Fishing Effort

Reinforcement of control and enforcement of the rules of the CFP is a priority of CFP reform. Shortcomings in enforcement of catch limits, effort ceilings and reporting obligations for fishing vessels are one of the reasons for too much fishing pressure on stocks.

The latest ICES advice repeats previously-expressed concerns from scientists about high level of undeclared landings, systematic mis-reporting of catches and uncertainty about the accuracy of official data on fishing activity. In addition, the Commission's own inspectors have identified during 2003 significant failures in some Member States to apply the interim fishing effort limits agreed in December 2002.

The immediate consequence of these shortcomings is a higher fishing mortality than would have been the case if the TAC and quota as well as effort restrictions had been properly implemented

Member States should take urgent action to improve control and enforcement of Community rules in order to ensure the proper implementation of the 2004 quota and effort restrictions.

To this end, the Commission proposes to reinforce immediately certain control measures in order to ensure compliance with TAC's and quotas as well as effort restrictions applicable to stocks subject to recovery measures. It will adopt as soon as possible a Commission Regulation on a specific monitoring programme for cod fisheries, in accordance with Articles 34a and 34b of Council Regulation (EEC) No 2847/93 and Article 27 of Regulation (EC) No. 2371/2002.. This Programme will fix, inter alia, benchmarks for inspection, common priorities and uniform inspection by relevant authorities. Similar specific monitoring programmes will be proposed during 2004 in respect of other fisheries recommended for recovery plans by ICES.

V. Additional Technical Measures

The use of technical measures has been advocated by many stakeholders as the preferred option for stock recovery in lieu of catch or effort limitations. The Commission considers that there are areas where technical measures may contribute positively, such as:

- developing certain devices to increase inter-species selectivity (such as sorting grids to separate Nephrops from associated whitefish);

- regulating gear dimensions applicable to fixed gear, as a way to improve the effectiveness of effort control, and

- potential benefits from further increases in mesh sizes in some fisheries.

The Commission intends to pursue work on these issues with the Member States in the coming months, with a view to proposing new technical measures before July 2004.

Given that certain technical measures should be implemented as from 1 January 2004, they are included in this proposal in the form of temporary derogations or additions to Community rules, while waiting for the corresponding Regulations to be amended.

The Commission proposal for a Council Regulation on the conservation of fisheries resources in Mediterranean Sea will be discussed in the course of 2004. The Commission proposes that some of the measures of that proposal, such as the complete ban on trawl fishing within 3 nautical miles of the coast, be made applicable already on an interim basis, under the terms laid down in Annex IV.

VI. Improving the Quality of Scientific Advice

In presenting its advice for fisheries management in 2004 ICES has provided an analysis of fisheries by area and stressed the importance of the links between stocks in mixed demersal fisheries.

However, ICES has drawn attention to its inability to provide more accurate advice about mixed fisheries because essential data have not been made available to it, particularly regarding discards of fish during fishing operations. The lack of quantitative evaluations of the association between fish stocks clearly reduces the efficiency of Community management of mixed fisheries.

The Commission wishes to remind Member States that the collection of discards data is a requirement of the Council Regulation on the collection of essential data for the CFP. That regulation also requires that the data collected by Member States be made available to scientific organisations, including ICES.

The Commission will actively pursue this issue with the Member States concerned in order to ensure that the assessments of fish stocks during 2004 can be made with all available data.

VII. Other issues

(a). Allocation of quotas for acceding countries

In view of the enlargement of the Community in 2004, the Commission proposes to incorporate the acceding countries into the quota for all those stocks where such countries are entitled to fishing possibilities. The Commission proposes an allocation of TACs corresponding to the whole of the year 2004, according to the relative stability established in the Treaty of Accession. However, the proposal distinguishes from the overall quota the quantities that the concerned countries are entitled to fish between 1 January and 30 April 2004.

Under the bilateral fisheries agreements with Estonia, Latvia and Lithuania, there will be no purchase of fishing possibilities for EU vessels. Consequently this proposal does not include provisions on financial contributions from the Community budget.

(b) Inter-annual quota flexibility

Council Regulation (EC) No 847/96, introducing additional conditions for year-to-year management of TAC's and quotas, requires the Council to decide which stocks are subject to the various measures fixed therein. The Commission, for the sake of clarity, includes directly into the quota tables (along with the codes for catch reporting) the articles of Regulation 847/96 that are applicable to each stock.

Proposal for a COUNCIL REGULATION 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia [2], in particular Articles 21 and 24, Annexes III, VI, VIII, IX and XII thereof,

[2] OJ L 236, 23.09.2003, p. 1.

Having regard to Council Regulation (EEC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy [3], and in particular Article 20 thereof,

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

Having regard to Council Regulation (EC) No 66/98 of 18 December 1997 laying down certain conservation and control measures applicable to fishing activities in the Antarctic and repealing Regulation (EC) No 2113/96 [4], and in particular Article 21 thereof,

[4] OJ L 6, 10.1.1998, p. 1. Regulation as last amended by Council Regulation 742/1999 (OJ L 41, 31.12.1999, p.1).

Having regard to the proposal of the Commission [5],

[5] OJ C [...] [...], p. [...]

Whereas:

(1) Article 4 of Regulation (EEC) No 2371/2002 requires the Council to adopt, in the light of the available scientific advice and, in particular, of the report prepared by the Scientific, Technical and Economic Committee for Fisheries, the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities.

(2) Under the terms of Article 20 of Regulation (EEC) 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 in Article 20 of that Regulation.

(3) In order to ensure effective management of these 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 the provisions laid down in 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 [6], it is necessary to indicate which stocks are subject to the various measures fixed therein.

[6] OJ L 115, 9.5.1996, p. 3.

(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 [7], the Faroe Islands [8], Greenland [9], Iceland [10], Latvia [11] , Lithuania [12] and Estonia [13].

[7] OJ L 226, 29.8.1980, p. 48.

[8] OJ L 226, 29.8.1980, p. 12.

[9] OJ L 29, 1.2.1985, p. 9.

[10] OJ L 161, 2.7.1993, p. 1.

[11] OJ L 332, 20.12.1996, p. 1.

[12] OJ L 332, 20.12.1996, p. 6.

[13] OJ L 332, 20.12.1996, p. 16.

(7) Pursuant to Article 124 of the 1994 Act of Accession, fisheries agreements concluded by Sweden and Finland with third countries are managed by the Community. In accordance with these agreements, the Community has held consultations with Poland.

(8) Pursuant to the 2003 Act of Accession of Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, provisions on fishing opportunities for Estonia, Latvia, Lithuania and Poland are in accordance with the Accession Treaty from the date of accession. However, the same basis for allocation of fishing opportunities is applied from 1 January 2004 until the date of accession.

(9) The Community is a Contracting Party to several regional fisheries organisations. These fisheries organisations have recommended the setting of catch limitations and other conservation rules for certain species, these recommendations should therefore be implemented by the Community.

(10) 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 [14], Council Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish [15], Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy [16], Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean [17], Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits [18], Regulation (EC) No 66/98, 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 [19]and 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 [20], Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for purposes other than direct human consumption [21].

[14] OJ L 132, 21.5.1987, p. 9.

[15] OJ L 276, 10.10.1983 p. 1. Regulation as last amended by Commission Regulation (EC) No 1965/2001 (OJ L 268 , 09.10.2001, p. 23).

[16] OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1-35).

[17] OJ L 171, 6.7.1994, p. 1. Regulation as last amended by Regulation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1).

[18] OJ L 171, 6.7.1994, p. 7.

[19] OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation (EC) No 1520/98 (OJ L 201, 17.7.1998, p. 1).

[20] OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1).

[21] OJ L 191, 7.7.1998, p. 10.

(11) In order to contribute to the conservation of fish stocks, certain complementary measures on control and technical conditions of fishing should be implemented in 2004.

(12) It is necessary to adopt Community provisions concerning fishing in Gulf of Riga in accordance with the guidelines established in the 2003 Act of Accession. It is appropriate to introduce an obligation to hold special fishing permits in order to have access to these waters.

(13) TACs for stocks for which recovery plans can already be implemented in 2004 should correspond to the recovery strategies laid down in these plans. Whereas for stocks where such recovery plans cannot not be implemented in 2004 a more restrictive short term management should apply.

(14) Pending the adoption of recovery plans and the implementation of the effort management schemes included therein, it is necessary to apply provisional effort management schemes at least for the most endangered stocks, those for which ICES recommends a zero TAC in 2004.

(15) It is necessary, following the advice from ICES, to apply a temporary system to manage the fishing effort of the industrial fishery for sandeel in ICES sub-area IV (Skagerrak and the North Sea).

(16) At its 25th Annual Meeting of 15-19 September 2003, Northwest Atlantic Fisheries Organisation (NAFO) adopted a rebuilding plan for Greenland halibut in NAFO Subarea 2 and divisions 3KLMNO. In order to obtain this goal, the rebuilding plan foresees a reduction of the TAC level until 2007 as well as additional measures to ensure the effectiveness of the plan. It is therefore necessary to implement these measures already from 2004 pending the adoption of a Council Regulation implementing multi-annual measures to rebuild the Greenland halibut stock.

(17) In order to respect the adjustments to the Community quotas established by ICCAT, it is necessary for the distribution of the under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the under-utilisation without modifying the distribution key established under the present Regulation concerning the annual allocation of TACs.

(18) 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), and accordingly the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by the latter for the 2003-2004 season are specified in Annex IF, to be applied within the season limit dates indicated in the same Annex.

(19) At its XXII Annual meeting in 2003, CCAMLR approved the participation of EC-flagged vessels in exploratory fisheries for Dissostichus spp. in Subareas FAO 88.1 and FAO 48.6, and submitted the relevant fishing activities to catch and by-catch limits as specified in Annex XVI, as well as to certain specific technical measures as specified in Article 43.

HAS ADOPTED THIS REGULATION:

CHAPTER I Scope and definitions

Article 1

Subject-matter

1. This Regulation fixes for the year 2004, for certain fish stocks and groups of fish stocks, fishing opportunities and the specific conditions under which such fishing opportunities may be used.

For certain Antarctic stocks, however, it fixes the fishing opportunities and specific conditions for the period specified in Annex IF.

Article 2 Scope

This Regulation shall apply to:

(a) vessels flying the flag and registered in Member States, hereinafter ""EC vessels" in zones where catch limitations are required; and

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

Article 3 Definitions

For the purposes of this Regulation,

(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 countries 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" shall be those falling outside the sovereignty or jurisdiction of any State;

(c) "NAFO Regulatory Area" shall be the part of the area of the NAFO Convention not falling under the sovereignty or within the jurisdiction of coastal States;

(d) "Skagerrak" shall be 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" shall be 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" shall comprise ICES Sub-area IV and that part of ICES Division IIIa which is not covered by the definition of the Skagerrak given in point (c);

(g) "Management Unit 3" shall comprise ICES Sub-divisions 30 and 31 and the part of Sub-division 29 situated north of 59°30' N.

(h) "Gulf of Riga" shall be bounded on the west by a 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.

Article 4 Fishing zones

For the purpose of this Regulation:

(a) ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EEC) No 3880/91;

(b) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 2597/95;

(c) NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Regulation (EEC) No 2018/93;

(d) CCAMLR (Convention for the Conservation of Antartic Marine Living Resources) zones are as defined in Regulation (EC) No 66/98.

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 are fixed as set out in Annexes I and II.

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

3. The Commission shall fix the fishing opportunities for capelin in zones V, XIV (Greenland waters) available to the Community equal to 70% of Greenland's share of the capelin TAC as soon as the TAC has been established. Following the transfer of 30 000 tonnes to Iceland, 10 000 tonnes to the Faroe Islands and 6 700 tonnes to Norway, the remaining amount will be available to all Member States.

Article 6 Special provisions on allocations

The allocation of fishing opportunities among Member States provided for in Annexes I and II shall be without prejudice to:

(a) exchanges made pursuant to Article 20(5) of Regulation (EEC) 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

The stocks which are subject to a precautionary or to an analytical TAC, the stocks to which the year-to-year flexibility conditions stipulated in Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply, and the stocks to which the penalty coefficients provided for in Article 5(2) of the same Regulation shall apply, are fixed for 2004 in Annex I.

Article 8 Conditions for landing catch and by-catch

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 Article 2 of Regulation (EC) No 1434/98; 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; or

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

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), (d), (e) and (f).

3. Notwithstanding paragraph 1, when any of the fishing opportunities indicated in Annex II are exhausted, it shall be prohibited for vessels 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 Article 4 of Regulation (EC) No 850/98.

Article 9 Access limits

1. 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.

2. 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.

Article 10 Special conditions for North Sea herring

The measures set out in Annex III shall apply with regard to the capture, sorting and landing of herring taken from the North Sea, the Skagerrak and the Kattegat.

Article 11 Other technical and control measures

The technical measures set out in Annex IV shall apply in 2004 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 11 and 12 of Annex IV 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 management of cod stocks in Skagerrak, Kattegat, North Sea and Eastern Channel, Irish Sea and West of Scotland, plaice in the North Sea, sole in the Western channel, and hake, Norway lobster and anglerfish in the Iberian peninsula, the fishing effort limitations and associated conditions laid down in Annex V shall apply.

2. For the management of sandeel stocks in ICES Subarea IV (Skagerrak and North Sea), the effort limitations and associated conditions laid down in Annex VI shall apply.

3. Detailed rules for the implementation of paragraph 6 of Annex VI may be adopted in accordance with the procedure referred to in Article 30 (2) of Regulation (EC) No 2371/2002.

CHAPTER III Fishing opportunities and associated conditions for third country vessels

Article 13 Authorisation

Vessels flying the flag of Barbados, Estonia, Guyana, Japan, South Korea, Latvia, Lithuania, Norway, Poland, the Russian Federation, Suriname, Trinidad and Tobago and Venezuela and vessels registered in the Faroe Islands are authorised to make catches, within the quota limits set out in Annex I, in Community waters, and subject to the conditions stipulated under Articles 14, 15, 18, 19, 20 21, 22, 23 and 24.

Article 14 Geographic restrictions

Without prejudice to the Chapter IV of Regulation (EC) No 2371/2002, 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, Baltic Sea and 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) Estonia, Latvia and Lithuania 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 Baltic Sea south of 59°30' N;

(c) Poland and the Russian Federation shall be limited to those parts of the Swedish part of the 200-nautical-mile zone lying seawards of 12 nautical miles from the baselines of Sweden in the Baltic Sea south of 59°30'N;

(d) 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 paragraph shall not apply, when fishing in Norwegian waters of the North Sea, to:

(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) Swedish vessels, in line with established practice.

2. The maximum number of licences and other associated conditions is fixed as set out in Annex VII Part I. Requests for licences shall indicate the types of fishing and the name and characteristics of the vessels for which licenses 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.

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 Norwegian vessels of less than 200 GT are exempted from the obligation to have a licence and a fishing permit.

2. The licence and special fishing permit shall be kept on board. Vessels registered in the Faroe Islands or Norway shall be exempted from that obligation.

3. Vessels from third countries authorised to fish on 31 December 2003 may continue to fish as from the beginning of the year 2004 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 for a licence and special fishing permit from an authority of a third country to the Commission 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 is hereby fixed as set out in Annex VII, Part II.

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 before 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 fixed 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 met.

2. The Commission shall submit to the authorities of the third country concerned the names and characteristics of the vessels which shall 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, No 88/98, No 850/98, No 1434/98 and Commission Regulation (EEC) No 1381/87.

2. The vessels referred to in paragraph 1 shall keep a log-book in which the information set out in Annex VIII, Part I shall be entered.

3. Third country vessels, except Norwegian vessels fishing in ICES Division IIIa, shall transmit to the Commission, in accordance with the rules laid down in Annex IX, the information set out 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 the 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 to the French authorities a declaration, for whose accuracy the master alone is responsible, stating the quantities of shrimp caught and kept on board since the last declaration. This declaration shall be made using the form of which a model appears in Annex VII, Part III. 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 log book 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. The vessels fishing in the waters of the French Department of Guyana shall keep a log book corresponding to the model appearing in Annex VIII, Part II. A copy of this log book 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 area of NAFO

Section 1Community participation

Article 25 List of vessels

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

2. Member States shall send the Commission, in computer readable form, a list of all vessels of more than 50 gross tonnes which are flying their flag and registered in the Community authorised to fish in the NAFO Regulatory Area.

3. The list referred to in paragraph 2 shall be transmitted to the Commission within 15 days following the entry into force of this Regulation and, in the case of amendments, at least 5 days before the vessel enters the NAFO area. The Commission shall forward this information promptly to the NAFO Secretariat.

4. The list referred to in paragraph 2 shall contain the following information:

(a) the internal number of the vessel, as defined in Annex I to Commission Regulation (EC) No 2090/98;

(b) international radio call sign;

(c) vessel charterer, where applicable;

(d) vessel type.

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

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

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

(c) 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) name of the vessel;

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

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

(g) 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

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 species referred to in Annex X. 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 minimum 280 mm in the cod-end and 220 mm in all other parts of the trawl.

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 mentioned in Annex XI.

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 72 cm in length.

Article 28 By-catches

1. Masters of the 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 Regulatory Area where directed fishing of certain species is banned, by-catches of each of the species listed in Annex ID may not exceed 1 250 kg or 5% respectively.

3. Whenever the total amounts of species subject to by-catch limits in any haul exceed the limits laid down above, whichever is applicable, vessels shall immediately move a minimum of five nautical miles away from the previous haul. Whenever the total amounts of species subject to by-catch limits in any future haul exceed the said limits, vessels shall again immediately move a minimum of five nautical miles away from the previous hauls 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 5 nautical miles from the position of the previous haul.

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 XII may not be processed, retained on board, transshipped, 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 must 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 XII, shall be deemed to originate from fish that is below the minimum fish size.

Section 3 Control measures

Article 30 Log book and storage 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 log book the information listed in Annex XIII.

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

3. The masters of vessels flying the flag of a Member State and registered in the Community shall, in respect of catches of the species listed in Annex ID, keep:

(a) a log book stating, by species and by processed product, the aggregate output; or

(b) a storage plan of products processed, indicating, by species, where they are located in the hold.

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

Article 31 Nets

When fishing directly for one or more of the species listed in Annex X, vessels may not carry nets with the 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 must be lashed securely to a part of the superstructure.

Article 32 Transshipment

Vessels flying the flag of a Member State and registered in the Community shall not engage in transshipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities.

Section 4 Special provisions for Northern prawns

Article 33 Report on Northern prawns

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

Section 5 Special provisions for Greenland halibut

Article 34 Special fishing permit for Greenland halibut

1. It is prohibited for Community fishing vessels with a length overall of more than 24 metres which are not entered into the list referred to in paragraph 2 to fish, retain onboard, tranship or land Greenland halibut.

2. Each Member State shall send the Commission a list of the vessels of more than 24 metres overall length flying its flag and registered in the Community that it authorises to fish for Greenland halibut in Subarea 2 and Divisions 3KLMNO by issue of a special fishing permit.

3. The list referred to in paragraph 2 shall include the internal number as defined in Annex I of Commission Regulation (EC) No 2090/98.

4. This list shall be transmitted to the Commission in computer readable form within 15 days following the entry into force of this Regulation and, in the case of amendments of this list, at least 5 days before the vessel enters Subarea 2 and Divisions 3KLMNO. The Commission shall forward the list promptly to the NAFO Secretariat.

5. Each Member State shall allocate its quota individually among vessels included on the list referred to in paragraph 2. Member States shall transmit this information to the Commission within 15 days following the entry into force of this Regulation.

Article 35 Reports

1. Masters of vessels referred in Article 34 (2) shall transmit the following reports to the Flag Member State:

a) The quantities of Greenland halibut retained onboard when the Community vessel enters Subarea 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) Daily catches of Greenland halibut. This report shall be sent by 12.00 hours UTC for the previous day ending at 24.00 hours.

c) The quantities of Greenland halibut held onboard when the Community vessel exits Subarea 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 transshipment of Greenland halibut during the vessel's stay in Subarea 2 and Divisions 3KLMNO. These reports shall be transmitted no later than 24 hours after the completion of the transhipment.

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

Article 36 Designated ports

1. It is 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 into which landings of Greenland halibut can take place and shall determine the associated inspection and surveillance procedures, including the terms and conditions for recording and reporting of 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 a 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 37 Inspection in port

1. Member States shall ensure that all vessels that enter a designated port to land and/or tranship Greenland halibut are submitted to an inspection in port in accordance with the port inspection scheme of NAFO.

2. It is prohibited to discharge and/or tranship catches from such vessels referred to in paragraph 1 until the inspectors are present.

3. All quantities discharged shall be weighted 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 7 working days from the date at which the inspection was completed.

Article 38 Prohibition of landings and transhipments for non-Contracting Party vessels

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

Article 39 Limitation of fishing effort

1. Member States shall take the necessary measures to ensure that the fishing effort of its vessels referred to in Article 34 (2) be commensurate to the fishing possibilities of Greenland halibut allocated to that Member State in accordance with Annex ID of this Regulation.

2. Member States shall communicate to the Commission measures referred to in paragraph 1 within 15 days following the entry into force of this Regulation.

Article 40 Fishing plan

Member States shall transmit to the Commission the fishing plan for their vessels authorised to fish Greenland halibut in accordance with the provisions in this Section not later than 31 January 2004 or, thereafter, at least 30 days before the commencement of such activity. The fishing plan shall represent the total fishing effort to be deployed in respect of this fishery.

Article 41 Follow up on fishing activities

Member States shall no later than 31 December 2004 submit a report to the Commission on the implementation of the measures laid down in Articles 34-39, including the total number of days fished.

Section 6 Special provisions for redfish

Article 42 Redfish fishery

1. The masters of vessels flying the flag of a Member State and registered in the Community, fishing for redfish in Division sub-Area 2 and Division IF, 3K and 3M of the NAFO Regulatory Area, shall notify every second Monday 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 areas and zones in the two-week period ending at 12 midnight on the previous Sunday.

When accumulated catches reached 50 % of the TAC, weekly notification shall apply.

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 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

Article 43 Prohibitions and catch limitations

Direct fishing of the species set out in Annex XV shall be prohibited in the zones and during the periods indicated therein. For new and exploratory fisheries, the catch and by-catch limits set out in Annex XVI shall apply in the sub-areas/divisions indicated therein.

Section 2 Exploratory fisheries

Article 44 Specific measures applicable to exploratory fisheries open to Community fishing vessels

(1) Fishing vessels flagged to Spain that have been notified to CCAMLR in accordance with the provisions of Article 16 of Council Regulation (EC) No 66/98 of 18 December 1997 may participate in long-line exploratory fisheries for Dissostichus spp. in FAO Subarea 48.6 and FAO Subarea 88.1 only. No more than one fishing vessel shall fish in each Subarea at any one time. Total catch and by-catch limits per Subarea and their distribution among Small Scale Research Units (SSRUs) within each of the two Subareas are set out in Annex XVI.

(2) 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 effort. To this end, fishing in any SSRU shall cease when the rported catch reaches the specified catch limit and that SSRU shall be closed to fishing for the remainder of the season.

Article 45 Reporting systems

Fishing vessels participating in the exploratory fisheries referred to in Article 44 shall be subject to the following catch and effort reporting systems:

(a) the Five-day Catch and Effort Reporting System set out in Article 7 paragraph 3 of Council Regulation (EC) No 66/98;

(b) the Monthly fine-scale Catch and Effort Reporting System set out in Article 12 of Council Regulation (EC) No 66/98;

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

Article 46 Special requirements

(1) The exploratory fisheries referred to in Article 44 shall be carried out in accordance with Article 14 (3) of Council Regulation (EC) No 66/98 with regard to applicable measures to reduce the incidental mortality of seabirds in the course of long-line fisheries. In addition to these measures, the discharge of offal shall be prohibited in these fisheries.

(2) Fishing vessels participating in exploratory fisheries in FAO Subarea 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 of MARPOL 73/78;

(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); or

(v) sewage within 12 nautical miles of land or ice shelves, or zewage while the ship is travelling at a speed of less than 4 knots.

(b) No live poultry or other living birds shall be brought into Subarea 88.1 and any dressed poultry not consumed shall be removed from Subarea 88.1.

(c) Fishing for Dissostichus spp. in Subarea 88.1 shall be prohibited within 10 nautical miles of the coast of the Balleny Islands.

Article 47 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 must be separated by no less than 5 nautical miles form 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 48 Research plans

Fishing vessels participating in the exploratory fisheries referred to in Article 44 shall implement Research Plans, in each and all SSRUs in which FAO Subareas 48.6 and 88.1 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 47(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 47(2), below, 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 will 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 the vessel may continue to fish within the SSRU;

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

Article 48 Research plans

(1) Fishing vessels participating in the exploratory fisheries referred to in Article 44 shall implement Data Collection Plans, in each and all SSRUs in which FAO Subareas 48.6 and 88.1 are divided. The Data Collection Plan shall comprise the following data:

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

b) setting, soak, and hauling times;

c) number and species of fish lost at surface;

d) number of hooks set;

e) bait type;

f) baiting success (%);

g) hook type; and

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

(2) All data specified under paragraph 1 shall be collected for every research 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 should be applied.

Article 50 Tagging program

Each fishing vessel participating in the exploratory fisheries accordingreferred to in Article 44 shall further implement a tagging program 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. 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 should target small individuals under 100 cm, although larger individuals should be tagged if necessary in order to meet the tagging requirement of one individual per one tonne of green weight catch. All released individuals should be double-tagged and releases should 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 relevant tag data and any tag recaptures of Dissostichus spp. in the fishery shall be reported in computer readable form to CCAMLR within two months of the vessel departing these fisheries.

Article 51 Scientific observers

Each fishing vessel participating in the exploratory fisheries referred to in Article 44 shall have at least two scientific observers, one of which shalll 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 52 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 53 Enter into force

This Regulation shall enter into force on 1 January 2004.

Where the TACs of the CCAMLR area are set for periods starting before 1 January 2004, Article 43 shall apply with effect from the beginning of the respective periods of application of the TACs.

Articles 13 and 14 shall not apply to Estonia, Latvia, Lithuania and Poland from the date of accession of these States.

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

Done at Brussels, [...]

For the Council

[...]

The President

ANNEX I Fishing opportunities applicable for Community vessels in areas where catch limitations exist and for vessels from third countries in EC waters, by species and by area (in tonnes live weight, except where otherwise specified)

All catch limitations set out in this Annex are considered as quotas for the purposes of Article 9, and shall, therefore, be subject to the rules set out in Regulation (EC) No 2847/93, 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. A table of correspondences of common names and Latin names is given below for the purposes of this Regulation:

Common name // Scientific name

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Albacore // Thunnus alalunga

Alfonsinos // Beryx spp.

American plaice // Hippoglossoides platessoides

Anchovy // Engraulis encrasicolus

Anglerfish // Lophiidae

Antarctic icefish // Champsocephalus gunnari

Antarctic toothfish // Dissostichus eleginoides

Atlantic catfish // Anarhichas lupus

Atlantic halibut // Hippoglossus hippoglossus

Atlantic salmon // Salmo salar

Basking shark // Cetorhinus maximus

Bigeye tuna // Thunnus obesus

Black scabbardfish // Aphanopus carbo

Blackfin icefish // Chaenocephalus aceratus

Blue ling // Molva dypterigia

Blue marlin // Makaira nigricans

Blue whiting // Micromesistius poutassou

Bluefin tuna // Thunnus thynnus

Capelin // Mallotus villosus

Cod // Gadus morhua

Common sole // Solea solea

Crab // Paralomis spp.

Dab // Limanda limanda

Flatfish // Pleuronectiformes

Flounder // Platichthys flesus

Forkbeards // Phycis spp.

Greater silver smelt // Argentina silus

Greenland halibut // Reinhardtius hippoglossoides

Grenadier // Macrourus spp.

Grey rockcod // Lepidonothen squamifrons

Haddock // Melanogrammus aeglefinus

Hake // Merluccius merluccius

Herring // Clupea harengus

Horse mackerel // Trachurus spp.

Humped rockcod // Gobionotothen gibberifrons

Krill // Euphausia superba

Lantern fish // Electrona carlsbergi

Lemon sole // Microstomus kitt

Ling // Molva molva

Mackerel // Scomber scombrus

Marbled rockcod // Notothenia rossii

Megrims // Lepidorhombus spp.

Northern prawn // Pandalus borealis

Norway lobster // Nephrops norvegicus

Norway pout // Trisopterus esmarki

Orange roughy // Hoplostethus atlanticus

"Penaeus" shrimps // Penaeus spp

Plaice // Pleuronectes platessa

Polar cod // Boreogadus saida

Pollack // Pollachius pollachius

Porbeagle // Lamna nasus

Redfish // Sebastes spp.

Red Seabream // Pagellus bogaraveo

Roughead grenadier // Macrourus berglax

Roundnose grenadier // Coryphaenoides rupestris

Saithe // Pollachius virens

Sandeel // Ammodytidae

Seabass // Dicentrarchus labrax

Short fin squid // Illex illecebrosus

Skates and rays // Rajidae

Snow crab // Chionoecetes spp.

South Georgian icefish // Pseudochaenichthys georgianus

Spanish ling // Molva macrophthalmus

Sprat // Sprattus sprattus

Spurdog // Squalus acanthias

Swordfish // Xiphias gladius

Toothfish // Dissostichus eleginoides

Turbot // Psetta maxima

Tusk // Brosme brosme

Unicorn icefish // Channichthys rhinoceratus

White marlin // Tetrapturus alba

Whiting // Merlangius merlangus

Witch flounder // Glyptocephalus cynoglossus

Yellowfin tuna // Thunnus albacares

Yellowtail flounder // Limanda ferruginea

ANNEX IA BALTIC SEA

All TACs in this area, except for plaice, are adopted in the framework of IBSFC.

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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

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ANNEX IC NORTH EAST ATLANTIC AND GREENLAND ICES areas I, II, IIIa, IV, V, XII, XIV and NAFO 0, 1 (Greenland waters)

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ANNEX ID NORTH WEST ATLANTIC Area of NAFO

All TACs and associate conditions are adopted in the framework of NAFO.

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ANNEX IE HIGHLY MIGRATORY FISH - All Areas

TACS in this area are adopted in the framework of international fisheries organisations on tuna fisheries, such as ICCAT and IATTC.

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ANNEX IF ANTARCTIC - Area of CCAMLR

These TACs, adopted by CCAMLR, are not allocated to the members of CCAMLR and hence the Community share is undetermined. Catches are monitored by the Secretariat of CCAMLR, who will communicate when fishing must cease due to TAC exhaustion.

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ANNEX II Fishing opportunities applicable in 2004 for herring to be landed unsorted for purposes other than human consumption (in tonnes, live weight)

All catch limitations set out in this Annex are considered as quotas for the purposes of Article 3 and shall, therefore, be subject to the rules set out in Regulation (EC) No 2847/93, in particular Articles 14 and 15 thereof.

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ANNEX III SPECIAL MEASURES CONCERNING NORTH SEA HERRING

1. Member States shall adopt special measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations, in particular those set in Annex II. These measures shall include, in particular:

- special control and inspection programmes;

- fishing effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70%, limitations on the activity of authorised vessels;

- control of transhipment and of practices which incur discarding;

- where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur.

2. In the case of landings of herring unsorted from the remainder of the catch, Member States shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by catches of herring. It shall be prohibited to land catches of fish containing unsorted herring in harbours where these sampling programmes are not in place.

3. Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of points 1 and 2, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the special measures mentioned in point1.

4. The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in points 1 and 2 does not achieve a strict control of fishing mortality of herring in all fisheries.

5. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation.

6. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board towed nets of mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. Herring landed by vessels operating within these conditions shall not be offered for sale for human consumption.

ANNEX IV TRANSITIONAL TECHNICAL MEASURES

1. Type of gear authorised for cod fishery in the Baltic Sea

1.1. Towed nets

1.1.1. Without exit windows

Towed nets without an exit window shall be prohibited.

1.1.2. With exit windows

By way of derogation from the provisions of special selectivity devices in Annex V to Regulation (EC) No 88/98, the provisions in Appendix 1 to this Annex shall apply.

1.2. Gillnets

By way of derogation from the provisions of Annex IV to Regulation (EC) No 88/98, the minimum mesh size for gillnets shall be 110 mm.

The nets shall not exceed a maximum length of 12 km for vessels with an overall length of up to and including 12 m.

The nets shall not exceed a maximum length of 24 km for vessels with an overall length of more than 12 m.

The soaking time of the nets shall not exceed 48 hours counting from the time the nets are first put in the water to the time when the nets are fully recovered on board the fishing vessel.

2. By-catch of cod in the Baltic Sea

By way of derogation from the provisions of Article 3(4) of Regulation (EC) No 88/98, no undersized cod may be kept on board. However, by way of derogation from the provisions of Article 3(5) of that Regulation, the by-catch of cod taken when fishing for herring and sprat with mesh sizes of 32 mm or smaller shall not exceed 3% by weight. Of this by-catch, no more than 5% of undersized cod shall be kept on board.

By-catches of cod may not exceed 10% when fishing for other species than herring and sprat with trawls and Danish seines other than those referred to in point 1.1.2.

3. Minimum size for cod

By way of derogation from the provisions laid down in Annex III to Regulation (EC) No 88/98, the minimum size for cod shall be 38 cm.

4. Summer ban for Baltic cod

Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Sound from 1 June to 31 August 2004 inclusive.

5. Closure of Bornholm Deep

Fishing shall be prohibited from 15 May to 31 August 2004 in the Bornholm Deep, in the maritime area defined by the lines connecting the following co-ordinates:

- latitude 55° 30'N, longitude 15° 30'E.

- latitude 55° 30'N, longitude 16° 30'E.

- latitude 55° 00'N, longitude 16° 30'E.

- latitude 55° 00'N, longitude 16° 00'E.

- latitude 55° 15'N, longitude 16° 00'E.

- latitude 55° 15'N, longitude 15° 30'E.

- latitude 55° 30'N, longitude 15° 30'E.

6. Technical conservation measures in the Skagerrak and in the Kattegat

Notwithstanding the conditions set out in Annex IV of Regulation (EC) No 850/98, the following rules shall apply in 2004:

(a) A mesh size of 35 mm shall apply when fishing for prawns (Pandalus borealis);

(b) A mesh size of 30 mm shall be used when fishing for argentine (Argentina spp.);

(c) When fishing for whiting with a mesh size of 70 to 89 mm, the by-catches shall not exceed 30% for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, megrim, dab, saithe and lobster;

(d) When fishing for Norway lobster with a mesh size of 70 to 89 mm, the by-catches should not exceed 60% for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, megrim, whiting, dab, saithe and lobster;

(e) When fishing for prawns (Pandalus borealis) with a mesh size of 35 to 69 mm, the by-catches should not exceed 50% for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, herring, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster;

(f) In all fisheries other than those covered in (c), (d) and (e), using a mesh size below 90 mm, the by-catches should not exceed 10% for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.

7. Rockall Haddock box

All fishing, except with longlines, shall be prohibited in Community and in international waters in the box bounded by the following coordinates:

Point No Latitude Longitude

1 57.000° N 15.000° W

2 57.000° N 14.700° W

3 56.575° N 14.327° W

4 56.500°N 14.450° W

5 56.500°N 15.000° W

8. Fishing for herring in area IIa (EC waters)

Fishing with towed gear of a mesh size less than 54 mm or with purse seines in area IIa (EC waters) is allowed only between 1 March and 15 May.

9. Technical conservation measures in the Mediterranean

Fisheries, other than trawl fisheries carried out within 3 nautical miles of the coast or within the 50 m depth where that depth is reached at a shorter distance from the coast, currently operating under the derogations, provided for in Article 3(1) and (1a) and Article 6(1) and (1a) of Council Regulation (EC) N 1626/94, may continue their activity in 2004.

10. Closure of an area for sandeel fisheries.

It shall be prohibited to land or retain on board sandeels caught within the geographical area bounded by the east coast of England and Scotland, and a line sequentially joining the following coordinates:

- the east coast of England at latitude 55º30'N,

- latitude 55º30'N, longitude 1º00'W,

- latitude 58º00'N, longitude 1º00'W,

- latitude 58º00'N, longitude 2º00'W,

- the east coast of Scotland at longitude 2º00'W,

- the east coast of Scotland at longitude 2º00'W.

However, a limited fishery will be allowed in order to monitor the sandeel stock in the area and the effects of the closure.

11. Specific provisions for the Gulf of Riga

11.1 Special fishing permit

1. In order to exercise fishing activities in the Gulf of Riga vessels shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

2. Member States shall ensure that vessels to which a special fishing permit referred to in paragraph 1 has been issued are included in a list containing their name and internal registration number to be provided to the Commission by each Member State.

Vessels included in the list shall satisfy the following conditions:

(a) the total engine power (kW) of the vessels within each list must not exceed that observed for each Member State in the years 2000 - 2001 in the Gulf of Riga;

(b) the engine power of a vessel must not exceed 221 kilowatts (kW) at any time.

11.2 Replacement of vessels or engines

1. Any individual vessel on the list referred to in point 12.1.2 may be replaced by another vessel or vessels, provided that:

(a) such replacement will not lead to an increase in the total engine power as indicated in point 12.1.2 (a) in the Member State concerned, and

(b) the engine power of any replacement vessel does not exceed 221 kW at any time.

2. An engine of any individual vessel included in the list referred to in point 12.1.2 may be replaced, provided that:

(a) the replacement of an engine does not lead to the vessel's engine power exceeding 221 kW at any time, and

(b) the power of the replacement engine is not such that replacement will lead to an increase in the total engine power as indicated in point 12.1.2 (a) for the Member State concerned.

12. Weighing procedures for herring or mackerel caught in ICES Sub-areas I and II

12.1 By way of derogation from the provisions of Article 5 (2) of Regulation (EEC) No 2807/83 laying down detailed rules for recording information on Member States' catches of fish [22] the estimates of quantities entered in the logbook, in kilograms, of fish retained on board, shall not differ by more than 5% from the quantity of fish actually landed.

[22] OJ L 276, 10.10.1983 p. 1

12.2 All buyers purchasing in excess of 10 tonnes of fresh fish shall weigh all quantities received. The weighing shall be carried out prior to the fish being processed, held in cold storage, transported from the port of landing or resold.

In addition to the obligations set out in Article 9 (1) and (2) of Regulation (EC) No 2847/93 establishing a control system applicable to the common fisheries policy [23] the processor or buyer of the quantities landed shall submit a copy of the invoice or a document replacing it, as referred to in Article 22 (3) of the sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment [24], listing the information required by Article 9 (3), to the competent authorities of the Member State concerned on demand or within 48 hours of the completion of the weighing.

[23] OJ L 261, 20.10.1993, p. 1

[24] OJ L 145, 13.6.1977, p. 1. Regulation as last amended by Council Directive 2003/92/EC of 7.10.2003,(OJ L 260, 11.10.2003, p. 8).

12.3 When determining the weight referred to in paragraph 12.2 any deduction for water content shall not exceed 2%.

12.4 For quantities of fish landed frozen an average weight for boxes shall be determined on the basis of representative samples. Member States shall notify before 31 January 2004 their sampling methodology, which shall be approved by the Commission.

13. Restrictions on fishing for Norway lobster

Fishing with bottom trawls and creels shall be prohibited in the geographical areas bounded by a line joining the following co-ordinates:

Box 1

- Latitude 43°35N, longitude 004°45W

- Latitude 43°45N, longitude 004°45W

- Latitude