Council Regulation (EC) No 2340/2002 of 16 December 2002 fixing for 2003 and 2004 the fishing opportunities for deep-sea fish stocks
Date: 2002-12-16
Institutions: Council of the European Union
Subjects: EU Member State, authorised catch, catch quota, conservation of fish stocks, fishery management, fishery resources, fishing area, fishing regulations, ship's flag

31.12.2002

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2340/2002

of 16 December 2002

fixing for 2003 and 2004 the fishing opportunities for deep-sea fish stocks

THE COUNCIL OF THE EUROPEAN UNION,

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 of the Commission,

Whereas:

(1)

(2)

(3)

(4)

Article 4 of Regulation (EEC) No 3760/92 requires the
Council to adopt, in the light of the available scientific
advice and, in particular, of the report prepared by the
Scientific, Technical
for
Fisheries, the measures necessary to ensure the rational
and
on a
exploitation of
responsible
sustainable basis.

and Economic Committee

resources

New scientific advice concerning certain stocks of fish
found in the deep sea indicates that these stocks are
vulnerable to exploitation, and that fishing opportunities
for these stocks should be limited or reduced in order to
assure their sustainability by establishing total allowable
catches (TAC) and quotas.

Available and sound scientific advice covers a period of
two years, and in the framework of a multi-annual
approach, it is advisable to establish TAC and quotas for
a period of two years without prejudice to an annual
revision required by new scientific advice.

Under the terms of Article 8(4)(iii), it is incumbent upon
the Council, where the Community establishes new
fishing opportunities in a fishery not previously carried
out under the common fisheries policy, to decide upon
the
the method of allocation taking into account
interests of all Member States.

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

(5)

(6)

(7)

(8)

In order to ensure effective management of these TACs
and quotas, the specific conditions under which fishing
operations occur
established both for
scientific advice clearly
Community waters and,
the
demonstrates
sovereignty or jurisdiction of third countries.

for waters not under

should be

risk,

if

a

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 the provisions laid down in Article
2 of Council Regulation (EC) No 847/96, of 6 May
1996, introducing additional conditions for year-to-year
management of TACs and quotas (2) , it is necessary to
to the various
are
indicate which stocks
measures fixed therein.

subject

fishing opportunities should be in
The realisation of
accordance with the Community legislation on the
matter, and in particular with Council Regulation (EEC)
No 2847/93, of 12 October 1993, establishing a
control
system applicable to the common fisheries
policy (3), Council Regulation (EC) No 2027/95, of 15
June 1995, establishing a system for the management of
fishing effort
relating to certain Community fishing
areas and resources (4), Council Regulation (EC) No
88/98, of 18 December 1997,
laying down certain
fishery
technical measures
resources in the waters of the Baltic Sea, the Belts and
the Sound (5) and Council Regulation (EC) No 850/98,
of 30 March 1998,
fishery
resources through technical measures for the protection
of juveniles of marine organisms (6),

for the conservation of

the conservation of

for

HAS ADOPTED THIS REGULATION:

(2) OJ L 115, 9.5.1996, p. 3.
(3) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by

Regulation (EC) 2846/98 (OJ L 358, 31.12.1998, p. 5).

(4) OJ L 199, 24.8.1995, p. 1.
(5) OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation

(EC) No 1520/98 (OJ L 201, 17.7.1998, p. 1).
(6) OJ L 125, 27.4.1998, p. 1. Regulation as

last amended by

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

Regulation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1).

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Article 1

(c) additional landings allowed under Article 3 of Regulation

(EC) No 847/96;

1.
This Regulation fixes for 2003 and 2004, for stocks of
deep-sea species, fishing opportunities applicable each year to
vessels
flying the flag and registered in Member States,
hereinafter referred to as (cid:145)Community vessels(cid:146), in zones where
catch limitations are required, and the specific conditions
under which these fishing opportunities may be utilised. These
fishing opportunities may be revised annually in light of new
scientific advice.

2.
For the purposes of this Regulation, fishing opportunities
shall take the form of Total Allowable Catches (TACs) available
to the Community and allocated to Member States.

Article 2

for

ICES (International Council

The definitions of
the
Exploration of the Sea) zones are those given, respectively, in
Council Regulation (EEC) No 3880/91 of 17 December 1991
on the submission of nominal catch statistics by Member
fishing in the north-east Atlantic (1), and Council
States
Regulation (EC) No 2597/95 of 23 October 1995 on the
submission of nominal catch statistics by Member States
fishing in certain areas other
the North
Atlantic (2).

than those of

(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 5

The stocks which are subject
to a precautionary or to an
analytical TAC, the stocks to which the year-to-year flexibility
conditions stipulated in Articles 3 and 4 of Regulation (EC) No
847/96 shall not apply and the stocks to which the penalty
coefficients provided for in Article 5(2) of the same Regulation
shall apply are fixed for 2002 in Annex II to this Regulation.

Article 6

Fish from stocks for which fishing opportunities are fixed

1.
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

Article 3

(b) catches

are
investigations
850/98.

taken during
scientific
carried out under Regulation (EC) No

course of

the

Fishing opportunities of
for
Community vessels in Community waters or in international
waters are hereby fixed as set out in Annex I.

stocks of deep-sea

species

Article 4

The allocation of fishing opportunities among Member States
shall be without prejudice to:

All landings shall count against the quota except for catches
made under the provisions of point (b).

2.
Catches taken under a by-catch quota will not be taken
into account in the calculation of the percentage of target
species as referred to in Article 5 of Council Regulation (EC)
No 850/98.

(a) exchanges made pursuant

to Article 9(1) of Regulation

Article 7

(EEC) No 3760/92;

(b) reallocations made pursuant to Articles 21(4), 23(1) and

32(2) of Regulation (EEC) No 2847/93;

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, 16 December 2002.

For the Council

The President

M. FISCHER BOEL

(1) OJ L 365, 31.12.1991, p. 1. Regulation as

amended by
Commission Regulation (EC) No 1637/2001 (OJ L 222, 17.8.2001,
p. 20).

(2) OJ L 270, 13.11.1995, p. 1. Regulation as

amended by
Commission Regulation (EC) No 1638/2001 (OJ L 222, 17.8.2001,
p. 29).

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ANNEX I

Definition of Species and Species Groups

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

Common name

Scientific name

Black scabbardfish

Blue ling

Greater silver smelt

Ling

Orange roughy

Red seabream

Roundnose grenadier

Tusk

Aphanopus carbo

Molva dypterygia

Argentina silus

Molva molva

Hoplostethus atlanticus

Pagellus bogaraveo

Coryphaenoides rupestris

Brosme brosme

Fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and
by area

(in tonnes live weight)

4. Species: Black scabbardfish

Aphanopus carbo

Zone:

I, II, III, IV (Community waters and waters not under
the sovereignty or jurisdiction of third countries)

Germany
France
United Kingdom
EC

5. Species: Black scabbardfish

Aphanopus carbo

Germany
France
Ireland
United Kingdom
Spain
Others (1)
EC

6. Species: Black scabbardfish

Aphanopus carbo

Portugal
EC

10
10
10
30

37
2 600
93
185
185
10
3 110

4 000
4 000

Zone: V, VI, VII, XII
under
countries)

the

(Community waters and waters not
third

jurisdiction of

sovereignty or

(1) Exclusively

for by-catches. No directed

fisheries

are

permitted under this quota.

Zone:

IX, X (Waters under the sovereignty or jurisdiction of
Portugal)

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11. Species: Greater silver smelt

Argentina silus

Zone:

III, IV (Community waters and waters not under the
sovereignty or jurisdiction of third countries)

Denmark

Germany

France

Ireland

The Netherlands

Sweden

United Kingdom

EC

12. Species: Greater silver smelt

Argentina silus

Germany

France

Ireland

The Netherlands

United Kingdom

EC

1 388

14

10

10

65

54

25

1 566

476

10

441

4 971

349

6 247

Zone: V, VI, VII (Community waters and waters not under

the sovereignty or jurisdiction of third countries)

16. Species: Tusk

Brosme brosme

Zone:

I, II, XIV (Community waters and waters not under the
sovereignty or jurisdiction of third countries)

(1) Exclusively

for by-catches. No directed

fisheries

are

permitted under this quota.

Zone:

(Community waters and waters not under

III
sovereignty or jurisdiction of third countries)

the

Zone:

IV (Community waters and waters not under
sovereignty or jurisdiction of third countries)

the

(1) Exclusively

for by-catches. No directed

fisheries

are

permitted under this quota.

Germany

France

United Kingdom

Others (1)

EC

17. Species: Tusk

Brosme brosme

Denmark

Sweden

Germany

EC

18. Species: Tusk

Brosme brosme

Denmark

Germany

France

Sweden

United Kingdom

Others (1)

EC

10

10

10

5

35

20

10

10

40

100

30

70

10

150

10

370

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19. Species: Tusk

Brosme brosme

Zone: V, VI, VII (Community waters and waters not under

the sovereignty or jurisdiction of third countries)

(1) Exclusively

for by-catches. No directed

fisheries

are

permitted under this quota.

Zone:

I, II, IV, Va (Community waters and waters not under
the sovereignty or jurisdiction of third countries)

Germany

France

Ireland

United Kingdom

Spain

Others (1)

EC

21. Species: Roundnose grenadier

Coryphaenoides rupestris

Denmark

Germany

France

United Kingdom

EC

10

415

40

200

35

10

710

2

2

14

2

20

22. Species: Roundnose grenadier

Coryphaenoides rupestris

Zone:

(Community waters and waters not under

III
sovereignty or jurisdiction of third countries)

the

Denmark

Sweden

Germany

EC

1 769

91

10

1 870

23. Species: Roundnose grenadier

Coryphaenoides rupestris

Zone: Vb, VI, VII (Community waters and waters not under

the sovereignty or jurisdiction of third countries)

(1) Exclusively

for by-catches. No directed

fisheries

are

permitted under this quota.

Germany

France

Ireland

Spain

United Kingdom

Others (1)

EC

10

4 396

346

86

258

10

5 106

26. Species: Orange roughy

Hoplostethus atlanticus

Zone: VI

(Community waters and waters not under

the

sovereignty or jurisdiction of third countries)

Spain

France

Ireland

United Kingdom

EC

10

58

10

10

88

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27. Species: Orange roughy

Hoplostethus atlanticus

Zone: VII

(Community waters and waters not under the

sovereignty or jurisdiction of third countries)

Spain

France

Ireland

United Kingdom

Others (1)

EC

10

1 019

300

10

10

1 349

(1) Exclusively

for by-catches. No directed

fisheries

are

permitted under this quota.

29. Species: Blue ling

Molva dypterygia

Zone:

II, IV, V (Community waters and waters not under the
sovereignty or jurisdiction of third countries)

(1) Exclusively

for by-catches. No directed

fisheries

are

permitted under this quota.

Zone:

(Community waters and waters not under

III
sovereignty or jurisdiction of third countries)

the

Denmark

Germany

France

Ireland

United Kingdom

Others (1)

EC

30. Species: Blue ling

Molva dypterygia

Denmark

Germany

Sweden

EC

10

10

61

10

37

10

138

10

5

10

25

31. Species: Blue ling

Molva dypterygia

Zone: VI, VII (Community waters and waters not under the
sovereignty or jurisdiction of third countries)

(1) Exclusively

for by-catches. No directed

fisheries

are

permitted under this quota.

Germany

France

United Kingdom

Spain

Ireland

Others (1)

EC

39

2 788

709

122

10

10

3 678

34. Species: Ling

Molva molva

Zone:

II

(Community waters and waters not under the

I,
sovereignty or jurisdiction of third countries)

Germany

France

United Kingdom

Denmark

Others (1)

EC

10

10

10

10

5

45

(1) Exclusively

for by-catches. No directed

fisheries

are

permitted under this quota.

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35. Species: Ling

Molva molva

Zone:

(Community waters and waters not under

III
sovereignty or jurisdiction of third countries)

the

(1) May not be fished in Division III bcd.

Zone:

IV (Community waters and waters not under
sovereignty or jurisdiction of third countries)

the

Belgium (1)
Denmark
Germany
Sweden
United Kingdom (1)
EC

36. Species: Ling

Molva molva

Belgium
Denmark
France
Germany
The Netherlands
Sweden
United Kingdom
EC

10
76
10
30
10
136

30
467
260
289
10
20
3 590
4 666

37. Species: Ling

Molva molva

Zone: V (Community waters and waters not under

the

sovereignty or jurisdiction of third countries)

Belgium
Denmark
Germany
France
United Kingdom
EC

38. Species: Ling

Molva molva

Belgium
Denmark
Germany
Portugal
Spain
France
Ireland
United Kingdom
EC

14
10
10
10
10
54

56
10
204
10
4 124
4 397
1 102
5 063
14 966

Zone: VI, VII, VIII, IX, X, XII, XIV (Community waters and
waters not under the sovereignty or jurisdiction of
third countries)

41. Species: Red seabream

Pagellus bogaraveo

Zone: VI, VII, VIII (Community waters and waters not under

the sovereignty or jurisdiction of third countries)

Spain
France
Ireland
United Kingdom
Others (1)
EC

281
14
10
35
10
350

(1) Exclusively

for by-catches. No directed

fisheries

are

permitted under this quota.

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42. Species: Red seabream

Pagellus bogaraveo

Zone:

IX (Community waters and waters not under
sovereignty or jurisdiction of third countries)

the

Spain
Portugal
EC

43. Species: Red seabream

Pagellus bogaraveo

Spain
Portugal
United Kingdom
EC

1 000
271
1 271

10
1 116
10
1 136

Zone: X (Community waters and waters not under

the

sovereignty or jurisdiction of third countries)

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ANNEX II

Stocks subject to the various measures of Regulation (EC) No 847/96

Stock

Species

Common name

Latin name

Area

Type of TAC
A = analytical
P = precautionary
n. r. = not
relevant

Articles 3 and 4
of Regulation
(EC) No 847/96
applicable

(yes/no)

Deductions of
Article 5(2) of
Regulation (EC)
No 847/96
applicable

(yes/no)

Black scabbardfish

Aphanopus carbo

Black scabbardfish

Aphanopus carbo

I, II, III, IV (Community waters
and waters not under the
sovereignty or jurisdiction of third
countries)

V, VI, VII, XII (Community waters
and waters not under the
sovereignty or jurisdiction of third
countries)

Black scabbardfish

Aphanopus carbo

IX, X (Portuguese waters)

Greater silver smelt

Argentina silus

Greater silver smelt

Argentina silus

Tusk

Brosme brosme

Tusk

Brosme brosme

Tusk

Brosme brosme

Tusk

Brosme brosme

Roundnose grenadier

Coryphaenoides rupestris

III, IV (Community waters and
waters not under the sovereignty
or jurisdiction of third countries)

V, VI, VII (Community waters and
waters not under the sovereignty
or jurisdiction of third countries)

I, II, XIV (Community waters and
waters not under the sovereignty
or jurisdiction of third countries)

III (Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

IV (Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

V, VI, VII (Community waters and
waters not under the sovereignty
or jurisdiction of third countries)

I, II, IV, Va (Community waters
and waters not under the
sovereignty or jurisdiction of third
countries)

A

A

A

P

P

A

A

A

A

A

no

yes

no

yes

no

no

no

no

no

no

no

yes

no

yes

no

yes

no

yes

no

yes

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Stock

Species

Common name

Latin name

Area

Type of TAC
A = analytical
P = precautionary
n. r. = not
relevant

Articles 3 and 4
of Regulation
(EC) No 847/96
applicable

(yes/no)

Deductions of
Article 5(2) of
Regulation (EC)
No 847/96
applicable

(yes/no)

Roundnose grenadier

Coryphaenoides rupestris

III (Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

Roundnose grenadier

Coryphaenoides rupestris

Vb, VI, VII (Community waters
and waters not under the
sovereignty or jurisdiction of third
countries)

Orange roughy

Hoplostethus atlanticus

VI (Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

Orange roughy

Hoplostethus atlanticus

VII (Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

Blue ling

Molva dypterygia

Blue ling

Molva dypterygia

Blue ling

Molva dypterygia

Ling

Molva molva

Ling

Molva molva

Ling

Molva molva

II, IV, V, (Community waters and
waters not under the sovereignty
or jurisdiction of third countries)

III (Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

VI, VII (Community waters and
waters not under the sovereignty
or jurisdiction of third countries)

I, II (Community waters and
waters not under the sovereignty
or jurisdiction of third countries)

III (Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

IV (Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

A

A

A

P

A

A

A

A

A

A

yes

no

no

yes

no

yes

no

no

no

yes

no

yes

no

yes

no

yes

no

yes

no

yes

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Stock

Species

Common name

Latin name

Area

Type of TAC
A = analytical
P = precautionary
n. r. = not
relevant

Articles 3 and 4
of Regulation
(EC) No 847/96
applicable

(yes/no)

Deductions of
Article 5(2) of
Regulation (EC)
No 847/96
applicable

(yes/no)

Ling

Ling

Molva molva

Molva molva

Red seabream

Pagellus bogaraveo

Red seabream

Pagellus bogaraveo

Red seabream

Pagellus bogaraveo

Red seabream

Pagellus bogaraveo

V (Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

VI, VII, VIII, IX, X, XII, XIV
(Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

I, II, III, IV, V, XII, XIV
(Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

VI, VII, VIII (Community waters
and waters not under the
sovereignty or jurisdiction of third
countries)

IX (Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

X (Community waters and waters
not under the sovereignty or
jurisdiction of third countries)

A

A

P

P

P

P

no

no

no

no

no

no

yes

yes

no

no

no

no