[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 27.3.2006

COM(2006) 144 final

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 51/2006, as concerns blue whiting and herring

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EC) No 51/2006[1] fixes for 2006 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.

Pursuant to consultations between the Community and the Faroe Islands on 23 February an arrangement on mutual access on the blue whiting stock and the herring stock in each others fishing zones has been reached. This arrangement should be implemented.

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

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 51/2006, as concerns blue whiting and herring

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy [2], and in particular Article 20 thereof,

Having regard to the proposal from the Commission[3]

Whereas:

(1) Council Regulation (EC) No 51/2006[4] fixes for 2006 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.

(2) Pursuant to consultations between the Community and the Faroe Islands on 23 February an arrangement on mutual access on blue whiting stock and the herring stock in each others fishing zones has been reached. This arrangement should be implemented.

(3) Regulation (EC) No 51/2006 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes IA, IB and IV to Regulation (EC) No 51/2006 are amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels,

For the Council

The President

ANNEX

The Annexes to Regulation (EC) No 51/2006 are amended as follows:

(1) In Annex IA:

The entry concerning the species Blue whiting in zone I, II, III, IV, V, VI, VII, VIIIabde, XII and XIV (EC and international waters) is replaced by the following:

‘Species: | Blue whiting | Zone: | I, II, III, IV, V, VI, VII, VIIIabde, XII and XIV (EC and international waters) |

Micromesistius poutassou | WHB/1 X 14 |

Denmark | 52 529 | (5) (6) |

Germany | 20 424 | (5) (6) | Analytical TAC. Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 applies. Article 5(2) of Regulation (EC) No 847/96 applies. |

Spain | 44 533 | (5) (6) |

France | 36 556 | (5) (6) |

Ireland | 40 677 | (5) (6) |

The Netherlands | 64 053 | (5) (6) |

Portugal | 4 137 | (5) (6) |

Sweden | 12 994 | (5) (6) |

United Kingdom | 68 161 | (5) (6) |

EC | 344 063 | (5) (6) |

Norway | 152 442 | (1) (2) |

Faroe Islands | 45 000 | (3) (4) |

TAC | 2 000 000 |

__________ |

(1) May be fished in EC waters in areas II, IVa, VIa north of 56°30'N, VIb, VII west of 12°W (2) Of which up to 500 tonnes may consist of argentine (Argentina spp.). (3) Catches of blue whiting may include unavoidable catches of argentine (Argentina spp.) (4) May be fished in EC waters in areas VIa north of 56°30' N, VIb, VII west of 12° W. (5) Of which up to 61% may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen. (6) Of which up to 1.66% may be fished in Faroese waters, zone Vb.’ |

(2) In Annex IA:

The following entry concerning the species Blue whiting in the EC waters of II, IVa, VIa, VIb and VII is inserted:

‘Species: | Blue whiting | Zone: | EC waters of II, IVa (2), VIa(3),VIb, VII(4) |

Micromesistius poutassou | WHB/24A567 |

Faroe Islands | 10 000 | (1) |

TAC | 2 000 000 |

(1) To be counted against Faroe Islands' catch limits established under the Coastal States arrangement. (2) The catch in zone IVa shall be no more than 2 500 tonnes. (3) North of 56°30'N (4) West of 12°W’ |

(3) In Annex IB:

The following entry concerning the species Herring in zone I and II (EC and International waters) is inserted:

‘Species: | Herring | Zone: | EC waters and International waters of I and II |

Clupea harengus | HER/1/2. |

Belgium | 22 |

Denmark | 21 243 |

Germany | 3 720 |

Spain | 70 |

France | 917 |

Ireland | 5 499 |

The Netherlands | 7 602 |

Poland | 1 075 |

Portugal | 70 |

Finland | 329 |

Sweden | 7 872 |

United Kingdom | 13 581 |

EC | 62 000 |

Faroe Islands | 6 196 | (1) |

TAC | Not relevant | Articles 3 and 4 of Regulation (EC) No 847/96 do not apply and Article 5(2) of that Regulation applies. |

__________ |

(1) May be fished in EC waters. |

Special conditions: |

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

II, Vb north of 62° N (Faroese waters) (HER/2A5B-F) |

Belgium | 2 |

Denmark | 2 117 |

Germany | 371 |

Spain | 7 |

France | 91 |

Ireland | 548 |

The Netherlands | 758 |

Poland | 107 |

Portugal | 7 |

Finland | 32 |

Sweden | 784 |

United Kingdom | 1354 |

’ |

(4) In Annex IV:

Part I is amended as follows:

‘PART I

Quantitative limitations of licences and

fishing permits for Community vessels fishing in

third country waters

Area of fishing | Fishery | Number of licences | Allocation of licences amongst Member States | Maximum number of vessels present at any time |

Norwegian waters and fishery zone around Jan Mayen | Herring, North of 62°00'N |

Demersal species, North of 62°00'N | 80 | FR: 18, PT: 9, DE: 16, ES: 20, UK: 14, IRL: 1 | 50 |

Mackerel, South of 62°00'N, purse seine fishery | 11 | DE: 1 [5], DK: 26 1, FR: 2 1, NL: 1 1 | not relevant |

Mackerel, South of 62°00'N, trawl fishery | 19 | not relevant |

Mackerel, North of 62°00'N, purse seine fishery | 11 [6] | DK: 11 | not relevant |

Industrial species, South of 62°00'N | 480 | DK: 450, UK: 30 | 150 |

Waters of the Faroe Islands | All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines | 26 | BE: 0, DE: 4, FR: 4, UK: 18 | 13 |

Directed fishing for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62°28'N and east of 6°30'W | 8 [7] | 4 |

Trawling outside 21 miles from the Faroese baseline. In the periods 1 March to 31 May and 1 October to 31 December, these vessels may operate in the area between 61°20'N and 62°00'N and between 12 and 21 miles from the baselines. | 70 | BE: 0, DE: 10, FR: 40, UK: 20 | 26 |

Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61°30'N and west of 9°00'W and in the area between 7°00'W and 9°00'W south of 60°30'N and in the area south-west of a line between 60°30'N, 7°00'W and 60°00'N, 6°00'W. | 70 | DE: 8 4, FR: 12 4, UK: 0 4 | 20 5 |

Directed trawl fishery for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend. | 70 | 22 5 |

Fisheries for blue whiting. The total number of licences may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called "main fishing area of blue whiting" | 36 | DE: 3, DK: 19, FR: 2, UK: 5, NL: 5 | 20 |

Line fishing | 10 | UK: 10 | 6 |

Fishing for mackerel | 12 | DK: 12 | 12 |

Herring fisheries north of 62°N | 21 | DE: 1, DK: 7, FR: 0, UK: 5, IRL: 2, NL: 3, SW: 3 | 21 |

Waters of the Russian Federation | All fisheries | pm | pm |

Fisheries for cod | 7 6 | pm |

Fisheries for sprat | pm | pm’ |

(5) In Annex IV:

Part II is amended as follows:

‘PART II

Quantitative limitations of licences and fishing permits for

third country fishing vessels in Community waters

Flag State | Fishery | Number of licences | Maximum number of vessels present at any time |

Norway | Herring, North of 62°00'N | 18 | 18 |

Faroe Islands | Mackerel, VIa (north of 56°30'N), VIIe,f,h, horse mackerel, IV, VIa (north of 56°30'N), VIIe,f,h; herring, VIa (north of 56°30'N) | 14 | 14 |

Herring north of 62°00'N | 21 | 21 |

Herring, IIIa | 4 | 4 |

Industrial fishing for Norway pout and sprat, IV, VIa (north of 56°30'N): sandeel, IV (including unavoidable by-catches of blue whiting) | 15 | 15 |

Ling and tusk | 20 | 10 |

Blue whiting, II, IVa, VIa (north of 56°30'N), VIb, VII (west of 12°00'W) | 20 | 20 |

Blue ling | 16 | 16 |

Russian Federation | Herring, IIId (Swedish waters) | pm | Pm |

Herring, IIId (Swedish waters, non-fishing mother ships) | pm | Pm |

Sprat | 4 1 | Pm |

Barbados | Penaeus shrimps 2 (French Guyana waters) | 5 | pm 3 |

Snappers 4 (French Guyana waters) | 5 | Pm |

Guyana | Penaeus shrimps 5 (French Guyana waters) | pm | pm 6 |

Surinam | Penaeus shrimps 5(French Guyana waters) | 5 | pm 7 |

Trinidad and Tobago | Penaeus shrimps 5(French Guyana waters) | 8 | pm 8 |

Japan | Tuna 9 (French Guyana waters) | pm |

Korea | Tuna 10(French Guyana waters) | pm | pm5 |

Venezuela | Snappers 5(French Guyana waters) | 41 | Pm |

Sharks 5 (French Guyana waters) | 4 | Pm |

_________________

1 Applies only to the Latvian zone of EC waters.

2 The licences concerning fishing for shrimp in the waters of the French Department of Guyana shall be issued on the basis of a fishing plan submitted by the authorities of the third country concerned, approved by the Commission. The period of validity of each of these licences shall be limited to the fishing period provided for in the fishing plan on the basis of which the licence was issued.

3 The annual number of days at sea is limited to 200.

4 To be fished exclusively with long lines or traps (snappers) or long lines or mesh nets having a minimum mesh of 100 mm, at depths greater than 30 m (sharks). To issue these licences, proof must be produced that a valid contract exists between the ship owner applying for the licence and a processing undertaking situated in the French Department of Guyana, and that it includes an obligation to land at least 75% of all snapper catches, or 50% of all shark catches from the vessel concerned in that department so that they may be processed in that undertaking's plant.

The contract referred to above must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guyanese economy. A copy of the duly endorsed contract shall be appended to the licence application.

Where the endorsement referred to above is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission.

5 Applicable from 1 January to 30 April 2006.

6 Pending the conclusion of fisheries consultations with Norway for 2006.

7 The annual number of days at sea is limited to pm.

8 The annual number of days at sea is limited to 350.

9 To be fished exclusively with longlines.

10 Of which at any given time a maximum of 10 for vessels fishing cod with gillnets.,

[1] OJ L 16, 20.1.2006, p.1

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

[3] OJ C […] […], p. […]

[4] OJ L 16, 20.1.2006, p.1

[5] This allocation is valid for purse and trawl fisheries.

[6] To be selected from the 11 licences for purse seine fishery for mackerel South of 62°00'N.

[7] Following the Agreed Record of 1999, the figures for the Directed fishing for cod and haddock are included in the figures for "All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines".

4 These figures refer to the maximum number of vessels present at any time.

5 These figures are included in the figures for "Trawling outside 21 miles from the Faroese baselines".

6 Applies only to vessels flying the flag of Latvia.