Brussels, 08.12.2004

COM(2004) 785 final

Proposal for a

COUNCIL REGULATION

fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

(presented by the Commission)

EXPLANATORY MEMORANDUM

This proposal for a Council Regulation fixes for 2005 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 the continuation of measures to limit fishing effort on severely-depleted fish stocks. Transitional technical measures for 2005 are also included in the proposal.

I. THE POLICY BACKGROUND TO THE PROPOSAL

The most recent report of the International Council for the Exploration of the Sea (ICES), largely endorsed by the EC Scientific Technical and Economic Committee for Fisheries (STECF), confirms the situation identified in recent years. Most stocks of demersal fish and some stocks of pelagic fish are over-exploited and are outside safe biological limits.

For some very depleted stocks, ICES has recommended either zero catches in the fishery concerned or the imposition of very restrictive Total Allowable Catches (TACs) pending the adoption of a recovery plan. Application of such advice must be considered in the light of the decisions taken in the past three years by the Council. These decisions have resulted in significant reductions in fishing quotas for endangered stocks and the introduction since 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. 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.

Recent estimates from ICES indicate however that the reduction in fishing mortality effected in 2003 has been less than intended by the Council in 2002. The Commission considers that the application of strengthened conservation measures is necessary if the fisheries are not closed according to the advice.

For many stocks, ICES estimates of recent landings are much higher than those reported in official statistics. This indicates that the quotas have not limited the fisheries as intended. ICES therefore maintains that the required reductions in fishing mortality can only be achieved if significant reductions in fishing effort are implemented. Based on this advice, the Commission again proposes for 2005 to implement direct effort management as a key conservation and management measure.

Multi-annual management plans are necessary to ensure long-term sustainability of the stocks and to improve the stability of operation of fishing activities. Annual decisions on TACs and quotas must be made in the context of recovery plans and long-term management strategies. The Commission's proposal reflects recent discussions with Member States and Stakeholders on long-term management, and anticipates further discussions during 2005.

Consultations with stakeholders indicate a strong preference for maintaining stability in TACs. In order to achieve this, fish stocks must themselves be more stable. This requires for most stocks that the exploitation be reduced to a lower, stable and sustainable rate.

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. Otherwise, mismatches between the mixture of fishing opportunities available to fishing fleets and the mixture of species caught when fishing could create an obligation to discard.

ICES estimates of the excess of catches over TACs and the failure of TACs and quotas to control fishing mortality show that substantial improvements in control and enforcement are essential for the conservation of fish stocks. Consequently the Commission proposes several measures to improve effective implementation of conservation and management measures.

II. SETTING TOTAL ALLOWABLE CATCHES (TACS)

A. Stocks in Community waters

The Commission proposals for TACs are based on the latest scientific advice, modified in some cases by the need to assure continuity of economic activity in the fisheries concerned and by the implementation of a multi-annual management approach as outlined above. These modifications are only introduced provided that they are consistent with a significantly reduced risk to threatened fish 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 for stock outside safe biological limits 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. The Commission also recognises the need to make full utilisation of fishing opportunities on stocks that are within safe biological limits, so long as this does not imply an increase in fishing mortality that would, in the long term, lead to a decrease in yield.

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.

1. Stocks where Council has adopted a recovery plan

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

- Northern stock of hake

For these stocks the Commission proposes adaptations of TACs in accordance with Articles 6 and 7 of the adopted recovery plan for cod[1] and Articles 5 and 6 of the recovery plan for northern hake[2]. For some of the stocks there are substantial uncertainties in the assessment because of uncertainties about the amounts of fish landed. In such cases, Articles 6 and 7 are not directly applicable and the Commission proposes continued low TACs.

In the light of the continued serious situation of the cod stocks and the confirmed need for additional conservation measures, the Commission proposes further adaptations in effort to secure improved protection for cod according to Article 8 of the cod recovery plan.

2. Stocks where a recovery plan is under development

The relevant stocks are:

The southern stock of hake (Divisions VIIIc and IXa)

Iberian-Atlantic Nephrops (Divisions VIIIc and IXa)

Sole in the Bay of Biscay (Divisions VIIIab)

Sole in the Western channel (Divisions VIIe)

Eastern Baltic cod (Sub-divisions 25 – 32)

North Sea plaice (Sub-area IV)

Where ICES has advised that a recovery plan continues to be necessary the Commission proposes adaptations of TACs and effort management measures that take account of consultations with Member States and stakeholders. Where ICES has not repeated its advice on a recovery plan the Commission proposes adaptations of TACs and, where appropriate, effort limitations, that are consistent with scientific advice taking into account the present state of the stocks, the need for a multi-annual approach and the Member States' and Stakeholders' wishes to have stability in the TACs. The Commission will continue discussions in the Council and with stakeholders and concerned Member States on long-term management of such stocks that will ensure the stocks do not return to high-risk conditions.

3. Stocks associated with a stock for which recovery plans are adopted, under development, or where ICES and STECF have advised a closure or else a reduction to the lowest possible level

Where the implementation of recovery plans implies significant changes in the fishing mortality directed at vulnerable species in mixed fisheries, the Commission proposes on the basis of information and advice from ICES and STECF to apply compatible measures in order to avoid creating an obligation to discard in those fisheries which are inextricably mixed. Examples are the haddock and whiting stocks in the North Sea and West of Scotland and the sole stocks in the Kattegat, Skagerrak and North Sea.

4. Other stocks where ICES and STECF have advised that the stocks are outside safe biological limits and have 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 20% compared to the TAC of 2003 where this can be done without exceeding precautionary fishing mortality Fpa.

As an integral part of this more gradual approach, the Commission will also propose that the Council commits itself to setting TACs consistent with further gradual reductions in fishing mortality in subsequent years.

5. Stocks inside safe biological limits and not associated with a recovery stock

Where the assessment of the stock indicates that it is inside safe biological limits, the Commission proposes a TAC that will not, according to scientific forecasts of the consequence of taking such a catch, lead to the stock crossing a safe biological limit (i.e., moving either below the precautionary biomass, Bpa, or above the precautionary fishing mortality, Fpa) by 2006.

Where the assessment of a stock indicates that there is no additional yield to be obtained in the long term by increasing fishing mortality or that higher yields can be achieved by reducing fishing mortality, the Commission proposes a TAC consistent with no increase in fishing mortality.

However, 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.

6. Stocks for which no assessments are available and no scientific advice is provided

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 cases where neither assessment nor advice are available, the Commission as a general rule proposes a TAC for 2005 equal to the TAC adopted for 2004 where the reported landings indicate a high quota utilisation. Where the quota utilisation 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 or following bilateral consultations with third countries.

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. However, a small number of decisions have still to be taken in respect of stocks co-managed with third countries. To delay putting forward this proposal until these decisions are taken would make it impossible to present the proposal in due time for Council to consider it before adoption in December.

III. EFFORT RESTRICTIONS

In the light of the ICES advice on the inefficacity of TACs in controlling fishing mortality and the need to use fishing effort management to achieve sustainability objectives, the Commission continues to consider effort management to be an essential instrument. The Council has adopted effort management measures since December 2002 in respect of certain cod fisheries.

The Commission has in addition proposed further recovery plans which include the use of direct fishing effort management for additional stocks that are subject to unsustainable exploitation

The Commission proposes interim rules for the management of fishing effort, similar to those implemented for 2004 (Annex V of Regulation 2287/2003), to apply to fisheries which are outside safe biological limits and for which very substantial reductions in fishing mortality are recommended by ICES. This proposal concerns limitation of the number of fishing days by gear category, for the cod fisheries in the Skagerrak, Kattegat, North Sea, Irish Sea, Eastern Channel and the West of Scotland, for the plaice fisheries in the North Sea, for the sole fisheries in the Western Channel and for the hake, anglerfish and Norway lobster fisheries off the Western Iberian Peninsula.

For the cod stocks in the Irish Sea, Kattegat, Skagerrak, North Sea and West of Scotland further reductions in effort relative to 2003 are required. However, major changes to the effort limitation measures were introduced from 2003 to 2004 resulting in a significant improvement in the efficiency of the measures. The deployed effort in 2004 is therefore likely to be substantial lower than in 2003, even with unchanged days at sea. ICES in its advice for these stocks recommends reductions in the fishing mortality relative to 2003 or to the average fishing mortality observed in the period 2001 to 2003. The reductions in days at sea relative to 2004 required to match the scientific advice may therefore be lower than that recommended by ICES.

If these reductions were implemented in form of reductions in days a sea for the relevant fleets it could undermine the full utilisation of fishing possibilities for a number of other stocks. The Commission therefore proposes that the required reductions in effort for the fisheries on cod be achieved by closing some fishing areas and /or seasons for cod.

The proposed number of permitted days at sea in the fisheries for North Sea plaice, sole in the Western Channel and hake, anglerfish and Norway lobster off the Iberian Peninsula have been chosen to be consistent with the proposed TACs as described above.

The latest advice from ICES shows that there is a clear need to introduce an effort limitation scheme for cod fisheries in the Baltic Sea. Consistent with the advice and to ensure a significant reduction in the fishing mortality on Eastern Baltic cod in 2005 the Commission proposes a reduction in the fishing effort by implementing two closed areas for cod fishing.

For the stocks mentioned above the Commission proposes TACs that are not consistent with ICES’ recommendations for a zero TAC. Such proposals imply a higher level of risk 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 and measures to enhance the control and enforcement. The proposed effort measures are laid down in Annexes III (closed areas and seasons) and IV (days at sea scheme and control and enforcement measures).

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

- The addition of a special fishing permit system for vessels covered by the measures and the introduction of reductions in fishing opportunities for vessels infringing the conservation regulations.

- The introduction of reporting obligations on fishing effort for Member States.

Furthermore, ICES has recommended to manage the fishery for sandeel in the North Sea with a specific effort management plan. Annex V proposes a management system consistent with this advice.

IV. TRANSITIONAL TECHNICAL MEASURES

Transitional technical measures to be applied in 2005 are given in Annex III to the proposal. As outlined in section II and III the proposal includes additional reductions in the fishing effort for cod in the form of area or seasonal closures. For each of the cod stocks in the North Sea and the Eastern Baltic two areas covering the main fishing grounds for cod are proposed closed for demersal fisheries. For cod in the Kattegat the proposal includes a ban on fisheries for cod in the first quarter of 2005 where traditional more than one third of the cod catches is taken. No additional closures are proposed for the cod stocks West of Scotland and in the Irish Sea.

V. CONDITIONS FOR LANDING CATCHES AND BY-CATCHES AND SPECIAL MEASURES CONCERNING HERRING

According to the current regulation catches of herring taken in small meshed industrial fisheries shall not be counted against any quotas. This also applies to the herring by-catches in industrial fisheries in the North Sea, Skagerrak and Kattegat even though by-catch quotas have been agreed with Norway for these areas. To ensure that all catches of herring are counted against appropriate quotas changes are introduced in Article 8 and Annex II of the proposal. The requirement to have adequate sampling programmes in place in order to monitor effectively the by-catch of herring has been expanded to include the small meshed fisheries in the Baltic Sea. As a consequence of the strengthened measures on limiting total by-catches of herring the special by-catch rules introduced for herring in 1998[3] have been lifted.

Scientists have yet again recommended important reductions in catch levels in 2005 for a number of stocks. The Commission is aware that in some cases these reductions imply considerable short-term economic difficulties for the fishing industry affected. In addition, catch limitations have in many cases a limited effect on conservation due to poor compliance. For these reasons, the Commission can accept for a number of stocks reductions in catch levels in 2005 that do not go as far as those recommended by scientists, but only on condition that Member States will accept to commit themselves to the adoption of long term recovery and/or management plans for the concerned stocks, including as necessary the management instruments needed to ensure their effectiveness.

Proposal for a

COUNCIL REGULATION

fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy[4], and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks[5], and in particular Articles 6 and 8 thereof,

Having regard to Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stocks[6], and in particular Article 5 thereof,

Having regard to the proposal from the Commission,[7]

Whereas:

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

Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council, to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be allocated to Member States and third countries in accordance with the criteria laid down in Article 20 of that Regulation.

In order to ensure effective management of the TACs and quotas, the specific conditions under which fishing operations occur should be established.

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.

In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas[8], it is necessary to identify the stocks which are subject to the various measures referred to therein.

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 [9], the Faroe Islands [10], Greenland [11] and Iceland [12].

Pursuant to the Article 6 of the 2003 Act of Accession, fisheries agreements concluded by Latvia and Lithuania with third countries shall be managed by the Community. In accordance with these agreements, the Community has held consultations with the Russian Federation.

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

At its Annual Meeting in June 2004, the Inter-American Tropical Tuna Commission (IATTC) adopted catch limitations for yellowfin tuna, bigeye tuna and skipjack tuna, and technical measures as regards the treatment of by-catches. Although the Community is not a member of the IATTC, it is necessary to implement those measures to ensure sustainable management of the resource under the jurisdiction of that Organisation.

At its Annual Meeting in 2004, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted tables indicating the under-utilisation and over-utilisation of the fishing possibilities of the ICCAT contracting parties. In that context, the ICCAT adopted a Decision observing that during the year 2003, the European Community had under-exploited its quota for several stocks.

In order to respect the adjustments to the Community quotas established by the ICCAT, it is necessary for the distribution of the fishing opportunities arising from the under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the underutilisation without modifying the distribution key established in this Regulation concerning the annual allocation of TACs.

As a temporary measure and pending the early adoption of a Regulation amending Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption[13], catches of herring in mixed fisheries as referred to in Article 2 of that Regulation shall be counted against the relevant quota for herring.

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], Commission 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 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95[17], Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean [18], Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits [19], Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999[20], 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 [21], 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 [22], Council Regulation (EC) No 1434/98, Council Regulation No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks[23], Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems[24], Council Regulation (EEC) No 2930/86 defining the characteristics of fishing vessels[25] and Council Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species[26].

In order to contribute to the conservation of fish stocks, certain complementary measures on control and technical conditions of fishing should be implemented in 2005.

For most endangered stocks for which recovery plans have been adopted and the implementation of the effort management schemes included therein, it is necessary to apply provisional effort management schemes.

It is necessary, following the advice from the ICES, to apply a temporary system to manage the fishing effort of the industrial fishery for sandeel in ICES Sub-area IV and Division IIIa North.

For the adjustment of fishing effort limitations on cod as laid down in Council Regulation (EC) No 423 of February 2004 establishing measures for the recovery of cod stocks[27] alternative arrangements are proposed in order to manage fishing effort consistently with the TAC, as laid down in Article 8(3) of the said Regulation.

At its 25th Annual Meeting of 15 to 19 September 2003, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a rebuilding plan for Greenland halibut in NAFO Sub-area 2 and divisions 3KLMNO. The plan foresees a reduction of the TAC level until 2007 as well as additional measures to ensure its effectiveness. It is necessary to implement that plan for 2005 pending the adoption of a Council Regulation implementing multiannual measures to rebuild the Greenland halibut stock.

At its 26th Annual Meeting of 13 to 17 September 2004, the NAFO adopted Management Measures for a number of previously unregulated stocks, namely skates in Division 3LNO, redfish in Division 3O and white hake in Division 3NO. It is therefore necessary to implement these measures and to establish an allocation between Member States.

In order to comply with international obligations undertaken by the Community as a Contracting Party to the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), including the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by that Commission for the 2004-2005 season and the corresponding season limit dates should be applied.

At its XXIII Annual meeting in 2004, the CCAMLR adopted relevant catch limits for the stocks open to established fisheries by any CCAMLR Member. CCAMLR also approved the participation of Community fishing vessels in exploratory fisheries for Dissostichus spp. in Sub-areas FAO 88.1 and in Divisions 58.4.1, 58.4.2, 58.4.3a) and 58.4.3b) and made the relevant fishing activities subject to catch and by-catch limits, as well as to certain specific technical measures. Those limits and technical measures should also be applied.

In order to ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2005. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in paragraph I(3) of the Protocol on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities,

HAS ADOPTED THIS REGULATION:

CHAPTER I Scope and definitions

Article 1 Subject matter

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

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

Article 2 Scope

This Regulation shall apply to:

(a) Community fishing vessels ("Community vessels"); and

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

Article 3Definitions

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

(a) "fishing opportunities" means:

(i) total allowable catches ("TACs") or the number of vessels authorised to fish and/or the duration of these authorisations;

(ii) shares of the TACs available to the Community;

(iii) quotas allocated to the Community in third country waters;

(iv) allocation of Community fishing opportunities under (ii) and (iii) to Member States in the form of quotas;

(v) allocation to third countries of quotas to be fished in Community waters.

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

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

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

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

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

(g) "Gulf of Riga" means the area 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 4Fishing zones

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

(a) ICES (International Council for the Exploration of the Sea) zones are as defined in Council Regulation (EEC) No 3880/91[28];

(b) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Council Regulation (EC) No 2597/95[29];

(c) NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Council Regulation (EEC) No 2018/93[30];

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

CHAPTER II Fishing opportunities and associated conditions for Community vessels

Article 5 Fishing opportunities and allocations

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

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

3. The Commission shall fix the fishing opportunities for capelin in zones V, XIV (Greenland waters) available to Community equal to 7.7% of the capelin TAC as soon as the TAC has been established. Following the transfer of pm tonnes to Iceland, pm tonnes to the Faroe Islands and pm tonnes to Norway, the remaining amount shall be available to all Member States.

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

Article 6Special provisions and allocations

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

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

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

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

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

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

Article 7 Quota flexibility

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

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

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

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

Article 8Conditions for landing catch and by-catches

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

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

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

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

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

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

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

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

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

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

Article 9 Access limits

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 10Special conditions for herring in Sub-areas III and IV

The measures set out in Annex II shall apply with regard to the capture, sorting and landing of herring caught in from Sub-areas III and IV.

Article 11Other technical and control measures

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

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

Article 12Effort limitations and associated conditions for the management of stocks

1. The fishing effort limitations and associated conditions laid down in Annex IVa shall apply to the management of fisheries in Skagerrak, Kattegat, the North Sea and the Channel, the Irish Sea, to the West of Scotland

1.bis.For the period 1 February 2005 to 31 December 2005, the fishing effort limitations and associated conditions laid down in Annex IVb shall apply to the management of fisheries in the Cantabrian Sea and the Western Iberian peninsula.

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

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

CHAPTER III Fishing opportunities and associated conditions for third country vessels

Article 13Authorisation

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

Article 14Geographic restrictions

Fishing by vessels flying the flag of:

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

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

Article 15 Conditions for landing catch and by-catch

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

CHAPTER IV Licensing arrangements for Community vessels

Article 16 Licences and associated conditions

1. Notwithstanding the general rules on fishing licences and special fishing permits provided for in Regulation (EC) No 1627/94, fishing in waters of third countries shall be subject to the holding of a licence issued by the authorities of the third country.However, the first subparagraph shall not apply to the following Community vessels, when fishing in Norwegian waters of the North Sea:

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

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

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

2. The maximum number of licences and other associated conditions shall be fixed as set out in Part I of Annex VI. Requests for licences shall indicate the types of fishing and the name and characteristics of the vessels for which licences are to be issued and shall be addressed by the authorities of the Member States to the Commission. The Commission shall submit these requests to the authorities of the third country concerned.If one Member State transfers quota to another Member State (swap) in the fishing areas set out in Part I of Annex VI, the transfer shall include an appropriate transfer of licences and shall be notified to the Commission. However, the total number of licences for each fishing area, as set out in Part I of Annex VI, shall not be exceeded.

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

Article 17 Faroe Islands

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

CHAPTER V Licensing arrangements for third country vessels

Article 18 Obligation to have a licence and a special fishing permit

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

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

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

Article 19 Application for a licence and special fishing permit

An application 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 shall be fixed as set out in Part II of Annex VI.

Article 21 Cancellation and withdrawal

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

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

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

Article 22 Failure to comply with relevant rules

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

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

Article 23 Obligations of the licence holder

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

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

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

Article 24 Specific provisions concerning the French Department of Guyana

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

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

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

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

CHAPTER VISpecial provisions for Community vessels fishing in the NAFO Regulatory Area

Section 1Community participation

Article 25 List of vessels

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

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

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

(a) the internal number of the vessel, as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register[31];

(b) the international radio call sign;

(c) the vessel charterer, where applicable;

(d) the vessel type.

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

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

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

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

(d) the name of the vessel;

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

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

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

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

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

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

Section 2Technical measures

Article 26 Mesh sizes

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

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

Article 27 Attachments to nets

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

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

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

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

Article 28 By-catches

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

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

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

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

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

Article 29 Minimum size of fish

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

Section 3Control measures

Article 29bis Product labelling and separate stowage

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

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

3. Catches of the same species shall be stowed clearly separate from catches of other species. All catches taken within the NAFO Regulatory Area shall be stowed separately from catches taken outside this area.Catches may be stowed in more than one part of the hold but in each part of the hold where it is stowed, it shall be kept clearly separate, by the use of plastic, plywood, netting, etc. from catches of other species.

Article 30 Production logbook and stowage plan

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

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

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

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

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

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

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

Article 31Nets

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

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

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

Article 32 Trans-shipment

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

Article 33Monitoring of fishing effort

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

2. Member States shall transmit to the Commission the fishing plan for their vessels fishing for species in the NAFO Regulatory Area no later than 31 January 2005 or, thereafter, at least 30 days before the commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels which will engage in these fisheries and the intended number of fishing days in the NAFO Regulatory Area as well as in all other areas where the vessels concerned intend to fish. The fishing plan shall represent the total fishing effort to be deployed with respect to the fisheries in relation to the extent of the fishing opportunities available to the Member State making the notification.Member States shall, no later than 31 December 2005, report to the Commission on the implementation of their fishing plans, including the number of vessels actually engaged in this fishery and the total number of days fished.

Section 4Special provisions for Northern prawns

Article 34 Northern prawn fisheries

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

Section 5Special provisions for Greenland halibut

Article 35 Prohibition concerning Greenland halibut

It shall be prohibited for Community fishing vessels to fish Greenland halibut in NAFO Sub-area 2 and Divisions 3KLMNO and to retain on board, trans-ship or land Greenland halibut fished in that zone if they:

(a) do not carry a special fishing permit issued by their flag Member State and;

(b) are not entered into the NAFO vessel register.

Article 35bis List of vessels

1. Member State shall ensure that vessels to which the special fishing permits referred to in Article 35 have been issued are included in a list containing their names and internal numbers as defined in Annex I to Regulation (EC) No 26/2004.

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

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

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

Article 36Reports

1. Masters of vessels referred in Article 35(2) shall transmit the following reports to the Flag Member State:

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

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

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

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

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

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

Article 37 Designated ports

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

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

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

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

Article 38 Inspection in port

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

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

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

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

Article 39 Prohibition of landings and trans-shipments for Non-Contracting Party vessels

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

Article 40 Follow up on fishing activities

Member States shall submit a report to the Commission by 31 December 2005 at the latest on the implementation of the measures laid down in Articles 35 to 39, including the total number of days fished.

Section 6Special provisions for redfish

Article 41 Redfish fishery

1. Every second Monday, the master of a Community vessel fishing for redfish in Division Sub-Area 2 and Division IF, 3K and 3M of the NAFO Regulatory Area, shall notify to the competent authorities of the Member State, whose flag the vessel is flying or in which the vessel is registered, the quantities of redfish caught in those zones in the two-week period ending at 12 midnight on the previous Sunday.When accumulated catches reached 50% of the TAC, the notification shall be made weekly each Monday.

2. Member States shall report to the Commission every second Tuesday before 12 noon for the fortnight ending at 12 midnight on the previous Sunday the quantities of redfish caught in Sub-area 2 and Divisions IF, 3K and 3M of the NAFO Regulatory Area by vessels flying their flag and registered in their territory.When accumulated catches have reached 50% of the TAC, reports shall be sent on a weekly basis.

CHAPTER VIISpecial provisions for Community vessels fishing in the area of CCAMLR

Section 1Restrictions AND VESSEL INFORMATION REQUIREMENTS

Article 42 Prohibitions and catch limitations

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

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

Article 42bis Information requirements relating to vessels authorised to fish in the Area of CCAMLR

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

(a) vessel IMO number (if issued)

(b) previous flag, if any;

(c) international Radio Call Sign;

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

(e) type of vessel;

(f) where and when built;

(g) length;

(h) colour photograph of the vessel, which shall consist of:

(i) one photograph not smaller than 12 x 7 cm showing the starboard side of the vessel, displaying its full overall length and complete structural features;

(ii) one photograph not smaller than 12 x 7 cm showing the port side of the vessel, displaying its full overall length and complete structural features;

(iii) one photograph not smaller than 12 x 7 cm showing the stern, taken directly from astern;

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

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

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

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

(c) type of fishing method or methods;

(d) beam (m);

(e) gross registered tonnage;

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

(g) normal crew complement;

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

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

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

SECTION 2 EXPLORATORY FISHERIES

Article 43 Participation in exploratory fisheries

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

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

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

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

Article 44 Reporting systems

Fishing vessels participating in the exploratory fisheries referred to in Article 43 shall be subject to the following catch and effort reporting systems:

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

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

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

Article 45 Special requirements

1. The exploratory fisheries referred to in Article 43 shall be carried out in accordance with Article 8 of Regulation (EC) No 600/2004 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.

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

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

(c) vessels participating in exploratory fisheries in Sub-area 88.1 and Divisions 58.4.3a) and 58.4.3b) which catch a total of three (3) seabirds shall cease fishing immediately and shall not be permitted to fish outside the normal fishing season for the remainder of the 2004/05 season.

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

(a) vessels shall be prohibited from discharging:

(i) oil or fuel products or oily residues into the sea, except as permitted in Annex I to MARPOL 73/78 (International Convention for the Prevention of Pollution from Ships);

(ii) garbage;

(iii) food wastes not capable of passing through a screen with openings no greater than 25 mm;

(iv) poultry or parts (including egg shells);

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

(vi) incineration ash.

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

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

Article 46 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 from any other research haul, distance to be measured from the geographical mid-point of each research haul;

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

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

Article 47 Research plans

Fishing vessels participating in the exploratory fisheries referred to in Article 43 shall implement Research Plans, in each and all SSRUs in which FAO Sub-area 88.1 and Divisions 58.4.1 and 58.4.2 are divided. The Research Plan shall be implemented in the following manner:

(a) on first entry into a SSRU, the first 10 hauls, designated "first series", shall be designated "research hauls" and must satisfy the criteria set out in Article 46(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 46(2), these hauls can also be designated as research hauls;

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

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

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

Article 48 Data collection plans

1. Fishing vessels participating in the exploratory fisheries referred to in Article 43 shall implement Data Collection Plans, in each and all SSRUs in which FAO Sub-area 88.1 and Divisions 58.4.1 and 58.4.2 are divided. The Data Collection Plan shall comprise the following data:

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

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

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

(d) the number of hooks set;

(e) the bait type;

(f) the baiting success (%);

(g) the hook type; and

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

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

Article 49 Tagging programme

Each fishing vessel participating in the exploratory fisheries referred to in Article 43 shall implement a tagging programme as follows:

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

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

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

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

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

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

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

Article 50 Scientific observers

Each fishing vessel participating in the exploratory fisheries referred to in Article 43 shall have at least two scientific observers, one of which shall be an observer appointed in accordance with the CCAMLR Scheme of International Scientific Observation, on board throughout all fishing activities within the fishing period.

CHAPTER VIIIFinal Provisions

Article 51 Scientific monitoring

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

(b) Marine organisms caught for the purposes referred to in (a) may be sold, stored, displayed or offered for sale, provided that:

- they meet the standards laid down in Annex XII to Council Regulation (EC) No 850/98 and the marketing standards adopted pursuant to Article 2 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the market in fishery and aquaculture products[32], or

- they are sold directly for purposes other than human consumption.

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 53Entry into force

This Regulation shall enter into force on 1 January 2005.

Where the TACs of the CCAMLR area are set for periods starting before 1 January 2005, Article 42 shall apply with effect from the beginning of the respective periods of application of the TACs.

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

Done at Brussels, […]

For the Council

The President

[…]

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

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

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

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ANNEX IA BALTIC SEA

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

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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 SPECIAL MEASURES CONCERNING HERRING IN SUB-AREAS III AND IV

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 out in Annex IB. These special measures shall include, in particular:

a) special control and inspection programmes,

b) 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,

c) control of trans-shipment and of practices which incur discarding,

d) 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 point 1, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the special measures provided for in point 1.

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

ANNEX III TRANSITIONAL TECHNICAL MEASURES

PART A BALTIC SEA

SECTION 1 COD FISHERY

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.

1.1.3. One net rule

When a towed net with exit windows is used, no other type of gear shall be kept on board.

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

2.1 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, except in the case set out in point 2.2.

2.2 However, by way of derogation from the provisions of Article 3(5) of Regulation (EC) No 88/98, 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.

2.3 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 in the Baltic Sea

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 15 June 2005 to 15 August 2005 inclusive.

5. Restrictions for fishing for cod in the Baltic Sea

a) It shall be prohibited to conduct any fishing activity within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

Area 1:

- 56°00’N, 15°00’E

- 56°00’N, 16°30’E

- 54°30’N, 16°30’E

- 54°30’N, 15°00’E

- 56°30’N, 15°00’E

Area 2:

- 56°00’N, 19°00’E

- 54°30’N, 19°30’E

- 54°30’N, 18°40’E

- 55°30’N, 18°00’E

- 56°00’N, 18°00’E

- 56°00’N, 19°00’E

b) By way of derogation from point a), it shall be permitted to conduct fishing activity within the areas set out in that point using towed gears and fixed gears with a mesh size of less than 100 mm.

6. Interim and additional conditions for monitoring, inspection and surveillance in the context of recovery of cod stocks in the Baltic Sea

6.1. General provisions

6.1.1. The monitoring inspection and surveillance programme for cod stocks in the Baltic Sea shall consist of the following elements:

Special conditions for fishing for cod in the Baltic Sea.

National control action programmes to be drawn up by Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, and Sweden.

Additional measures for monitoring, control and inspection.

Joint surveillance and exchange of inspectors.

6.1.2. The National control action programme for cod stocks may be revised, at the initiative of the Commission or following a request by a Member State.

6.2. Special Conditions for fishing for cod in the Baltic Sea

6.2.1. All vessels intending to fish for cod in the Baltic Sea shall hold a special permit for fishing for cod in the Baltic Sea.

6.2.2. Each Member State shall establish a list of vessels holding a special permit for fishing for cod in the Baltic Sea.

6.2.3. The master of a fishing vessel, or his representative, to which a Member State has issued a special permit for fishing for cod in the Baltic Sea shall comply with the conditions in Appendix 2.

6.3. National Control Action programmes.

6.3.1. Each Member State concerned shall define a national control action programme.

6.3.2. The Commission shall convene at least once in 2005 a meeting of the Committee for Fisheries and Aquaculture to evaluate the compliance with and results of the national control action programme for cod stocks in the Baltic Sea.

6.4. Monitoring, inspection and surveillance to be adopted by Member States.

6.4.1. Each Member State concerned 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, a national control programme and implementation schedule. The Commission shall transmit this information to all the relevant Member States.

6.4.2. Notwithstanding Article 6 of Regulation (EEC) No 2847/93, the masters of all Community fishing vessels retaining on board or landing any amount greater than 50 kg of live-weight equivalent of Cod shall keep a logbook of their operations, indicating particularly the quantities of each species caught and kept on board, the, date and location (ICES statistical rectangle) of such catches and the type of gear used.

6.4.3. By way of derogation from Article 5 of Regulation (EEC) No 2807/83, the permitted margin of tolerance in estimates of the quantities, in kilograms, of fish subject to a TAC that are retained on board shall be 8%.

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

6.4.5. Notwithstanding Article 19a 1a) of Regulation (EEC) No 2847/93, the Articles 19e, 19f, 19g, 19h and 19i of that Regulation shall apply to all vessels carrying out fishing activities in the Baltic Sea.

6.4.6. In accordance with the provisions of Article 13 of Regulation (EC) No 2244/2003 Member States shall ensure that the VMS data received pursuant to Article 8, Article 10(1) and Article 11(1) of that regulation of vessels holding a special permit for fishing for cod in the Baltic Sea are used:

a) to record each entry into, and exit from port in a computer readable form for a period of three years;

b) to record each entry into, and exit from closed fishing areas in the Baltic Sea.

6.4.7. Member States may implement alternative control measures to ensure compliance with reporting obligations referred in point 4.5 which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.

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

6.4.9. By way of derogation from Article 34(c)(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for cod in the Baltic Sea may last more than two years from their date of entry into force.

6.5. Joint Surveillance and Exchange of inspectors

6.5.1. The Member States concerned shall undertake joint inspection and surveillance activities and shall establish to that effect joint operational procedures applicable to their surveillance crafts.

6.5.2 A meeting of the competent national inspection authorities shall be convened within 30 days of the date of entry into force of this Regulation to coordinate the joint inspection and surveillance programme.

6.5.3. The Member States concerned shall ensure that inspectors from other Member States concerned are invited to participate at least in their joint inspections activities.

6.5.4. Inspectors from the Commission may participate in these exchanges and may participate in joint inspections.

SECTION 2 GULF OF RIGA

7. SPECIFIC PROVISIONS FOR THE GULF OF RIGA

7.1 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 the lists 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.

7.2 Replacement of vessels or engines

1. Any individual vessel on the list referred to in point 7.1.2 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 7.1.2 (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 7.1.2 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 7.1.2 (a) for the Member State concerned.

PART B SKAGERRAK AND KATTEGAT

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

By way of derogation from the provisions set out in Annex IV of Regulation (EC) No 850/98, the provisions in Appendix 3 to this Annex shall apply.

9. Restrictions on fishing for Cod in the Kattegat

(a) It shall be prohibited to conduct any fishing activity in the Kattegat from 1 January to 31 March 2005.

(b) By way of derogation from (a) it shall be permitted to conduct fishing activities using towed gears and fixed gears within the specified period, provided that no cod are retained on board.

Part CICES Sub-Areas I to VII

10. WEIGHING PROCEDURES FOR HERRING, MACKEREL AND HORSE MACKEREL

10.1. The following procedures shall apply to landings in the European Community by Community and third country vessels of quantities per landing exceeding 10 tonnes of herring, mackerel, and horse mackerel, or a combination thereof, taken in:

a) for herring, ICES Sub-areas I, II and Divisions III a, IV, Vb, VI and VII;

b) for mackerel and horse mackerel, in ICES Sub-area IIa and Divisions III a, b, d, IV, VI and VII.

10.2 Landings referred to in point 10.1 are only permitted in designated ports.

10.3 Each Member State concerned shall transmit to the Commission changes in the list, transmitted in 2004, of designated ports in which landings of herring, mackerel and horse mackerel may take place and, changes in inspection and surveillance procedures for those ports including the terms and conditions for recording and reporting the quantities of any of the species and stocks referred to in point 10.1 within each landing. Those changes shall be transmitted at least 15 days before they enter into force. The Commission shall transmit this information as well as ports designated by third countries to all Member States concerned.

10.4 The master of a fishing vessel referred to in point 10.1 or his representative shall inform the competent authorities of the Member State in which the landing is to be made, at least 4 hours in advance of entry to port of landing of the Member State concerned of the following:

a) the port he intends to enter, the name of the vessel and its registration number,

b) the estimated time of arrival at that port,

c) the quantities in kilograms live weight by species retained on board.

The competent authorities of the Member State concerned shall require that the discharge does not commence until authorised to do so.

10.5 By way of derogation from the provisions of point 4.2 of Annex IV to Regulation (EEC) No 2807/83, the master of a fishing vessel shall submit, immediately upon arrival to port, the relevant page or pages of the logbook as demanded by the competent authority at the port of landing.

The quantities retained on board, notified prior to landing as referred to in point 10.4c, shall be equal to the quantities recorded in the logbook after its completion.

By way of derogation from the provisions of Article 5 (2) of Regulation (EEC) No 2807/83 the permitted margin of tolerance in estimates recorded into the logbook of the quantities in kilograms of fish retained on board of vessels shall be 7%.

10.6 All buyers purchasing fresh fish shall ensure that all quantities received are weighed. The weighing shall be carried out prior to the fish being sorted, processed, held in storage, transported from the port of landing or resold. The figure resulting from the weighing shall be used for the completion of landing declarations and sales notes.

When determining the weight any deduction for water shall not exceed 2%.

In addition to the obligations set out in Article 9(1) and (2) of Regulation (EC) No 2847/93 the processor or buyer of the quantities landed shall submit to the competent authorities of the Member State concerned 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 on the harmonisation of the law