Brussels, 08.12.2004

COM(2004)783 final

.

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 2287/2003 as concerns fishing opportunities for Norway lobster in the North Sea

..

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EC) No 2287/2003 fixes for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required.

The Community’s fishing opportunities for Norway lobster in zone IIa (EC waters), North Sea (EC waters) for 2004 are laid down in Annex IB to Regulation (EC) No 2287/2003.

In a footnote to that Annex, it is provided for an upwards revision of the TAC when Council decides on management arrangements to control catches in fisheries that catch Nephrops and cod.

The Commission has now decided on the additional conditions that are necessary to enhance the control of the fishery, which are similar to those applied to another fishery closely associated with cod, i.e. haddock.

The present proposal intends to introduce the necessary amendments to Annexes IB and Annex IV to Regulation (EC) No 2287/2003.

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

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 2287/2003 as concerns fishing opportunities for Norway lobster in the North Sea

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy[1], and in particular Article 20(1) thereof,

Having regard to the proposal from the Commission[2],

Whereas:

(1) The Community’s fishing opportunities for Norway lobster in zone IIa (EC waters), North Sea (EC waters) for 2004 are laid down in Annex IB to Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required[3].

(2) In a footnote to that Annex, it is also laid down that the total allowable catch (TAC) should be revised upwards and allocated to Member States when Council decides on management arrangements to control catches in fisheries that catch Nephrops and cod.

(3) Although such an increase of the TAC would be in accordance with the scientific advice, it should only be available to those Member States that apply certain conditions on their fishing vessels in order to enhance the control of the fishery. Special conditions for fishing for Norway Lobster in the North Sea should be added in Annex IV.

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

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

Done at Brussels,

For the Council

The President

ANNEX

Regulation (EC) No 2287/2003 is amended as follows :

(1) In Annex IB, the entry concerning the species Norway lobster in zone IIa (EC waters), North Sea (EC waters) is replaced by the following:

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(2) In Annex IV, the following point 20 is added:

’20. Special Conditions for fishing for Norway lobster in the North Sea

(a) Vessels to which a Member State has issued a special fishing permit for directed fishing for Norway lobster in accordance with Article 7 of Regulation (EC) No 1627/94 shall comply with the following conditions:

(i) notify national authorities of the place and time at which any landing of Norway lobster will be made at least four hours before such a landing occurs unless landings are made within the periods specified by the Member State;

(ii) make such landings exclusively at ports that shall be designated by the flag Member State;

(iii) submit the relevant logbook sheet(s) to the national authorities prior to the commencement of the discharge of the catches retained on board;

(iv) not discharge any Norway lobster retained on board until permission to do so has been given by the relevant national authorities;

(v) retain on board no more than 5 % of cod as a proportion of the live weight of marine organisms on the vessel;

(vi) not trans-ship any Norway lobster at sea;

(vii) not carry on board or deploy trawl gear of less than 70 mm mesh size.

(b) Special fishing permits referred to in point (a) shall not be issued for a period longer than three months.

(c) No special fishing permit shall be issued that is valid in the period of three months subsequent to the date of expiry of a previous special fishing permit held by the same vessel if any of the following events have occurred in the period of validity of the permit:

(i) upon inspection by the national fisheries inspection service, the vessel is found to have more than 5 % of cod on board, measured in live weight as a percentage of all fish on board the vessel;

(ii) the vessel fails to provide a VMS report or, in the event of a failure of the VMS system, a manual position report or provides a false position report;

(iii) upon inspection of a landing by the national fisheries inspection service, the vessel is found to have landed or to have retained on board more than 10 % more Norway lobster (in live weight) than the quantity of that species declared in the logbook sheet(s) submitted under point (a)(iii);

(iv) the vessel is observed by a national fisheries inspection service to be trans-shipping to another vessel at sea;

(v) the vessel is observed by a national fisheries inspection service to be landing Norway lobster without having received the permission to do so referred to in point (a)(iv);

(vi) upon inspection by a national fisheries inspection service, the vessel is found to be in contravention of the provisions of Council Regulation (EC) No 850/98;

(vii) the vessel is observed by a national fisheries inspection service to be discharging Norway lobster without having previously submitted the logbooksheet(s) as specified in point (a)(iii).’

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

[2] OJ C […], […], p. […].

[3] OJ L 344, 31.12.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 1645/2004 (OJ L 296, 21.9.2004, p. 3).