Council Regulation (EC) No 1811/2002 of 24 September 2002 amending Regulation (EC) No 2555/2001 fixing for 2002 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 limitations in catch are required
Date: 2002-09-24
Institutions: Council of the European Union
Subjects: Community fisheries, EU waters, catch quota, conservation of fish stocks, fishing regulations, third country

12.10.2002

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Official Journal of the European Communities

L 276/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1811/2002

of 24 September 2002

amending Regulation (EC) No 2555/2001 fixing for 2002 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 limitations in catch are required

THE COUNCIL OF THE EUROPEAN UNION,

1 500 tonnes of plaice in the same area has been trans-
ferred from Norway to the Community.

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 3760/92 of 20
December 1992 establishing a Community system for fisheries
and aquaculture (1), and in particular Article 8(4) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

In February 2002 the Northwest Atlantic Fisheries Orga-
nisation (NAFO) adopted various amendments to its
conservation and enforcement measures regarding mesh
size for fishing for skate, catch reporting requirements
for the shrimp fishery in Division 3L, the extension of
the closed period for the fishing for shrimp in certain
defined areas in Division 3M, a change of the maximum
number of fishing days for shrimp in Division 3M and
the total allowable catches (TAC) for Greenland halibut.

In accordance with the procedure provided for in Article
3 of the Agreement on fisheries of 11 December 1992
concluded between the Government of the Kingdom of
Sweden and the Government of the Russian Federation,
the Community, on behalf of the Kingdom of Sweden,
held
Federation
concerning their respective fishing rights for 2002.

consultations with

the Russian

In accordance with the most recent scientific evidence
and in agreement with Norway, the TAC for plaice in
the International Council for the Exploration of the Sea
for
(ICES) Sub-division IIIa (Kattegat and Skagerrak)
2002 can be increased.

An agreement has been reached between the European
Community and Norway whereby 15 000 tonnes of
sand eel in Community waters of ICES Sub-division IIa
and the North Sea has been transferred to Norway and

(5)

(6)

(7)

(8)

The TAC for herring in ICES Sub-divisions VIIg,h,j,k
for the whole year 2002 taking into
should be set
account new scientific advice from ICES.

Following the judgment of the Court of Justice of 18
April 2002 in case C-61/96 footnote 2 on the entry
concerning anchovy in Zone IX, X, CECAF 34.1.1 should
be deleted.

the

the Annual Meeting of

fishing possibilities agreed in ICCAT.

International
During
the Conservation of Atlantic Tunas
Committee for
(ICCAT) from 12 to 19 November 2001, tables were
adopted for the first time showing the under-utilisation
and over-utilisation by the ICCAT Contracting Parties of
their
In this
context, ICCAT adopted a decision showing that during
2000,
the European Community under-exploited its
quota by 1 696 tonnes for South Atlantic blue-fin tuna
and by two tonnes for South Atlantic swordfish as well
as over-exploited its quota of North Atlantic swordfish
by 147,5 tonnes.

In order to respect the adjustments to the Community
quotas established by ICCAT, and taking into account
the under-utilisation and the over-utilisation attributed to
the European Community resulting from the under-
exploitation of South Atlantic blue-fin tuna and sword-
fish and the over-exploitation by certain Member States
of the 2000 fishing possibilities of North Atlantic sword-
fish established by ICCAT, it is necessary that the distri-
bution of under-utilisation and over-utilisation is carried
out on the basis of the respective contribution of each
Member State towards the under-utilisation and over-
utilisation without modifying the distribution key estab-
lished under Article 3(1) of Regulation (EC) No 2555/
2001 (2) concerning the annual allocation of TACs.

(1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1).

(2) OJ L 347, 31.12.2001, p. 1.

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Official Journal of the European Communities

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(9)

In accordance with Article 10 (1) of 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 (1) the number of Commu-
nity fishing vessels that are fishing for northern albacore
as a target species should be determined, based on the
average number of fishing vessels fishing for this species
during the period 1993 and 1995. That number of
vessels should be distributed among the Member States.

(10) At its extraordinary meeting in November 2000, ICCAT
recommended that quotas should be introduced for
white marlin and blue marlin in the Atlantic Ocean.

(11)

The International Baltic Sea Fishery Commission (IBSFC),
recommended technical conservation measures in March
2001 for the cod trawl fishery. Therefore, point 3 of
Annex V to Regulation (EC) No 2555/2001 should be
changed.

(12)

Regulation (EC) No 2555/2001 should therefore be
amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2555/2001 is amended as follows:

1. The first paragraph of Article 17(1) shall be replaced by the

following:

‘The use of trawl net having in any section thereof net
meshes of dimensions less than 130 mm shall be prohibited
for direct fishing of the species referred to in Annex IX. This
mesh size may be reduced to a minimum of 60 mm for
direct fishing of short-finned squid (Illex illecebrosus). For
direct
this mesh size shall be
increased to a minimum of 280 mm in the cod-end from 1
July 2002.’

fishing of skate (Rajidae)

2. In Article 18, the following paragraph 5 shall be added:

‘5. Member States shall report to the Commission daily
the quantities of Northern prawns (Pandalus borealis) caught
in Division 3L of the NAFO Regulatory Area by vessels
flying the flag of a Member State and registered in the
Community.’

3. Annex IA shall be amended in accordance with Annex I to

this Regulation.

4. Annex IB shall be amended in accordance with Annex II to

this Regulation.

5. Annex ID shall be amended in accordance with Annex III to

this Regulation.

6. Annex IE shall be amended in accordance with Annex IV to

this Regulation.

7. Annex IF shall be amended in accordance with Annex V to

this Regulation.

8. In Annex V, point 3 shall be replaced by the following:

‘3. Mesh size for fishing for cod with towed nets

Notwithstanding the provisions of Annex IV to Council
Regulation (EC) No 88/98, the minimum mesh size for
fishing for cod with trawls, Danish seines and similar
nets shall be 130 mm. The maximum twine thickness
shall be 6 mm if single twine is used and 4 mm if
double twine is used. The said mesh size and twine
thickness shall apply to any cod-end or extension piece
found on board a fishing vessel and attached to or
suitable for attachment to any towed net.’

Article 2

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

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

Done at Brussels, 24 September 2002.

For the Council

The President

M. FISCHER BOEL

(1) OJ L 137, 19.5.2001, p. 1.

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Annex IA to Regulation (EC) No 2555/2001 is hereby amended as follows:

1. The entry concerning the species sprat in zone ‘IIIbcd (EC waters)’ shall be replaced by the following:

ANNEX I

‘Species: Sprat

Sprattus sprattus

Zone: IIIbcd (EC waters)

(1) To be counted against the Estonian share of the IBSFC TAC.
(2) To be counted against the Latvian share of the IBSFC TAC.
(3) A maximum of 5 % in weight of herring is allowed as by-catch.
(4) To be counted against the Lithuanian share of the IBSFC TAC.
(5) To be fished in the Swedish zone of EC waters and by-catches of

other species shall be counted against this quota.

Denmark
Germany
Finland
Sweden
EC

33 705
21 353
17 644
76 158
148 860

Estonia
Latvia
Lithuania
Russian Federation

0 (1)
8 000 (2) (3)
4 000 (4)
1 000 (5)

TAC

380 000

Special conditions:

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

Estonian waters

Latvian waters

Lithuanian waters

EC

0

8 000

4 000’

2. The following entry is added:

‘Species: Sprat

Sprattus sprattus

Sweden
EC

TAC

1 000
1 000

380 000’

Zone: IIId (Russian Federation waters)

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ANNEX II

In Annex IB to Regulation (EC) No 2555/2001, the entries concerning the species sand eel in zone ‘IIa, North Sea’, the
species Plaice in zones ‘Skagerrak’, ‘Kattegat’ and zone ‘IIa (EC waters), North Sea’ shall be replaced by the following:

‘Species: Sand eel

Ammodytidae

Denmark
United Kingdom
All Member States
EC

799 388
17 473
31 139 (2)

848 000

Norway
Faroe Islands

50 000 (3)
20 000 (4)

TAC

918 000

Zone: IIa (1), North Sea (1)

(1) Community waters excluding waters within six miles of United

Kingdom baselines at Shetland, Fair Isle and Foula.

(2) Except Denmark, Finland, Spain, Portugal and the United Kingdom.
(3) This quota consists of any mixture of sandeel, Norway pout and blue
whiting. No more than 500 tonnes of Norway pout may be taken in
VIa north of 56° 30' N.

(4) This quota consists of sand eel, Norway pout, a maximum of
2 000 tonnes of sprat and unavoidable by-catches of blue whiting.
Sprat and a maximum of 6 000 tonnes of Norway pout may be taken
in VIa north of 56º 30' N. Such Norway pout catches shall be subject
to the provision, on request by the Commission, of details on the
quantity and composition of any by-catch taken.’

‘Species: Plaice

Pleuronectes platessa

Zone: Skagerrak

Belgium
Denmark
Germany
The Netherlands
Sweden
EC

50
6 578
34
1 265
352
8 279

TAC

8 448 (1)

(1) TAC agreed in the framework of Fisheries Consultations between the
European Community and Norway on Fisheries in the Skagerrak and
Kattegat for 2002. The parties' shares of the TAC are: EC: 8 279
tonnes; Norway: 169 tonnes.

Species: Plaice

Pleuronectes platessa

Zone: Kattegat

Denmark
Germany
Sweden
EC

TAC

1 880
21
211
2 112

2 112

Species: Plaice

Pleuronectes platessa

Belgium
Denmark
Germany
France
The Netherlands
United Kingdom
EC

Norway

TAC

4 591
14 922
4 305
861
28 696
21 235
74 610

2 390 (1)

77 000 (2)

Zone: IIa (EC waters), North Sea

(1) May only be taken in IV (EC waters). Catches taken within this quota

are to be deducted from Norway's share of the TAC.

(2) TAC agreed in the framework of Fisheries Consultations between the
European Community and Norway for 2002. The parties' shares of the
TAC, after swaps, are: EC: 74 610 tonnes; Norway: 2 390 tonnes.

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Special conditions:

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

EC

Norwegian waters

31 500’

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Official Journal of the European Communities

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ANNEX III

Annex ID to Regulation (EC) No 2555/2001 the entries concerning the species herring in zone ‘VIIg,h,j,k’, the species
anchovy in zone ‘IX, X, CECAF 34.1.1 (Community waters)’ and the species common sole in zone ‘VIIIa,b’ shall be
replaced by the following:

‘Species: Herring

Clupea harengus

Germany
France
Ireland
The Netherlands
United Kingdom
EC

TAC

144
802
11 235
802
17
13 000

13 000

‘Species: Anchovy

Engraulis encrasicolus

Spain
Portugal
EC

TAC

3 826 (1)
4 174 (1)
8 000

8 000

‘Species: Common sole

Solea solea

Belgium
Spain
France
The Netherlands
EC

TAC

50 (1)
9 (2)
3 666 (1)
275 (1)

4 000

4 000

Zone: VIIg,h,j,k (1)

(1) ICES Division VIIg,h,j,k is increased by the area added to the Celtic Sea

bounded:
— to the north by latitude 52° 30(cid:1) N,
— to the south by latitude 52° 00(cid:1) N,
— to the west by the coast of Ireland,
— to the east by the coast of the United Kingdom.’

Zone: IX, X, CECAF 34.1.1 (Community waters)

(1) May be fished only in the waters under the sovereignty or within the
jurisdiction of the Member State concerned, or in international waters
of the zone concerned.’

Zone: VIIIa, b

(1) May be fished only in the waters under the sovereignty or within the
jurisdiction of France, or in the international waters of the zone
concerned.

(2) May be fished only in the waters under the sovereignty or within the
the zone

jurisdiction of Spain, or in the international waters of
concerned.’

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In Annex IE to Regulation (EC) No 2555/2001, the entries concerning the species northern prawn in zone ‘NAFO 3M’
and the species Greenland halibut in zone ‘NAFO 3LMNO’ shall be replaced by the following:

ANNEX IV

‘Species: Northern prawn
Pandalus borealis

Zone: NAFO 3M (1)

TAC

(2)

(1) Vessels may also fish this stock in Division 3L in the box bounded by

the following coordinates:

Point No

1

2

3

4

Latitude N
47° 20(cid:1) 0
47° 20(cid:1) 0
46° 00(cid:1) 0
46° 00(cid:1) 0

Longitude W
46° 40(cid:1) 0
46° 30(cid:1) 0
46° 30(cid:1) 0
46° 40(cid:1) 0

When conducting a fishery for shrimp in this box, vessels shall,
whether or not crossing the line separating NAFO Divisions 3L and
3M, report in accordance with point 1.3 of the Annex to Regulation
(EC) No 189/92 (OJ L 21 of 30.1.1992, p. 4).
Moreover, fishing for shrimp shall be prohibited from 1 June to 31
December 2002 in the area bounded by the following coordinates:

Point No

1

2

3

4

5

6

7

Latitude N
47° 55(cid:1) 0
47° 30(cid:1) 0
46° 55(cid:1) 0
46° 35(cid:1) 0
46° 35(cid:1) 0
47° 30(cid:1) 0
47° 55(cid:1) 0

Longitude W
45° 00(cid:1) 0
44° 15(cid:1) 0
44° 15(cid:1) 0
44° 30(cid:1) 0
45° 40(cid:1) 0
45° 40(cid:1) 0
45° 00(cid:1) 0

(2) Not relevant. Fishery managed by limitations in fishing effort. The
Member States concerned shall issue special fishing permits for their
fishing vessels engaging in this fishery, and shall notify those permits
to the Commission prior to the commencement of the vessel's activity,
in accordance with Regulation (EC) No 1627/94. By way of deroga-
tion from Article 8 of that Regulation, permits will only become valid
if
the Commission has not objected within five working days
following the notification.
The maximum number of vessels and fishing time allowed shall be:

Member State

Denmark

Spain

Portugal

Maximum number of
vessels

Maximum number of
fishing days

2

10

1

131

257

69

Each Member State shall, within 25 days following the calendar
month in which the catches are made, report monthly to the Commis-
sion the fishing days spent in Division 3M and in the area defined in
footnote (1) above.

Species: Greenland halibut

Zone: NAFO 3 L, M, N, O

Reinhardtius hippoglossoides

Germany
Spain
Portugal
EC

TAC

896
12 060
5 090
18 046

32 604’

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ANNEX V

Annex IF to Regulation (EC) No 2555/2001 is amended as follows:
1. The entries concerning the species bluefin tuna in zone ‘Atlantic Ocean, East of longitude 45° W, and Mediterranean’,
the species swordfish in zones ‘Atlantic Ocean, north of latitude 5° N’ and ‘Atlantic Ocean, south of latitude 5° N’ and
the species northern albacore in zone ‘Atlantic Ocean, north of latitude 5° N’ shall be replaced by the following:

‘Species: Bluefin tuna

Thunnus thynnus

Greece
Spain
France
Italy
Portugal
All Member States
EC

TAC

359,5

6 497
6 461
6 105

803,5

60 (1)

20 286

29 500

Species: Swordfish

Xiphias gladius

Spain
Portugal
All Member States
EC

4 087,5
763

75 (1)

4 925,5

TAC

10 200

Species: Swordfish

Xiphias gladius

Spain
Portugal
EC

5 850
385
6 235

TAC

14 620

Species: Northern albacore

Germo alalunga

Ireland
Spain
France
United Kingdom
Portugal
EC

3 158 (1) (3)
17 801 (1) (3)
5 599 (1) (3)
201 (1) (3)
1 953 (1) (3)
28 712 (1) (2)

TAC

34 500

Zone: Atlantic Ocean, east of longitude 45º W, and Mediterranean

(1) Except Greece, Spain, France, Italy and Portugal, and only as by-

catch.

Zone: Atlantic Ocean, north of latitude 5º N

(1) Except Spain and Portugal, and only as by-catch.

Zone: Atlantic Ocean, south of latitude 5º N

Zone: Atlantic Ocean, north of latitude 5° N

(1) It is prohibited to use any gill net, bottom set gill net, trammel net

and entangling net.

(2) The number of Community fishing vessels fishing for northern
albacore as a target species is fixed to 1 253 vessels in accordance
with Article 10(1) of Regulation (EC) No 973/2001.

(3) The distribution between the Member States of the maximum
number fishing vessels flying the flag of a Member State authorised
to fish for northern albacore as a target species in accordance with
Article 10(4) of Regulation (EC) No 973/2001:

Member States

Maximum number of vessels

Ireland
Spain
France
United Kingdom
Portugal
EC

50
730
151
12
310
1 253’

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2. The following entries concerning the species blue marlin and white marlin in zone ‘Atlantic Ocean’ are inserted:

‘Species: Blue marlin

Makaira nigricans

Zone: Atlantic Ocean

EC

TAC

106,5

Not relevant

Species: White marlin

Tetrapturus alba

Zone: Atlantic Ocean

EC

TAC

46,53

Not relevant’