Proposal for a Council Regulation Amending Regulation (EC) No 2287/2003 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 limitations in catch are required
Date: 2004-04-01
Institutions: European Commission
Subjects: EU waters, catch quota, fishery resources, fishing area, fishing rights, stock

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 01.04.2004 
COM(2004) 224 final 

Proposal for a 

COUNCIL REGULATION 

Amending Regulation (EC) No 2287/2003 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 limitations in catch are 
required 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Council  Regulation  (EC)  No  2287/2003  fixes  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  for  2004. 
Amendments  of  the  Regulation  are  required  following  decisions  recently  reached  in 
international  fora  and  as  a  consequence  of  international  Agreements  and  new  scientific 
information:  

1. 

2. 

3. 

4. 

5. 

6. 

1 
2 

International  Baltic  Sea  Fisheries  Commission 

The 
(IBSFC)  adopted  a 
recommendation  at  its  Annual  meeting  on  3  October  2003  on  the  allocation  of 
herring in the Gulf of Riga. The allocation will enter into force the day after the date 
of Accession of the new Member States. Until then the allocation, as laid down in the 
Accession Treaty, is applicable. 

In  addition,  the  IBSFC,  at  its  2003  annual  meeting,  adopted  a  recommendation 
allowing  for  a  possible  revision  of  the  TAC  of  cod  for  2004.  The  new  scientific 
advice from ICES shows that there is room for an increase of the TAC for cod in the 
Eastern stock. The Commission has proposed to increase this TAC, in line with the 
scientific  advice  and,  at  the  same  time,  it  is  proposing  to  the  IBSFC  to  adopt  the 
same measure. The proposal is expected to be adopted by the IBSFC and a decision 
is foreseen in March 2004. 

The  Community’s  fishing  opportunities  in  Norwegian  waters  and  the  Norway’s 
fishing  opportunities  in  Community  waters  for  2004  are  laid  down  provisionally  in 
Annexes  I  B,C  and  VII  to  Council  Regulation  (EC)  No  2387/2003  fixing  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  required1  pending  the  conclusion  of  fisheries 
consultations  with  Norway  for  2004.  In  the  Agreed  Record  of  Conclusions  of 
Fisheries  Consultations  between  the  Community  and  Norway  of  24  January  it  was 
agreed to recommend to the respective authorities the fishing opportunities for 2004 
in their respective waters. The necessary measures should be taken to implement the 
results of the consultations in Community legislation.  

Sole and plaice are closely associated in the main flatfish fisheries in zone II, North 
Sea.  Allowing  quota  flexibility  in  accordance  with  Articles  3  and  4  of  Council 
Regulation  (EC)  No  847/96)  introducing  additional  conditions  for  year-to-year 
management  of  TACs  and  quotas2  for  sole  would  give  the  possibility  for  Member 
States to obtain better compatibility in the utilisation of the quotas on the two stocks 
and thereby reduce discarding.  

Poland  is,  in  accordance  with  the  accession  Treaty,  entitled  to  1,734  %  of  the 
Community’s fishing opportunities of herring in zones I and II. 

In order to guarantee that towed nets with a BACOMA exit window are the only gear 
type used in the cod fishery in Community waters of the Baltic Sea no other type of 
gear shall be allowed to be kept on board.  

OJ L 344, 31.12.2003, p.1 
OJ L 115.9.5.1996, p. 3 

2 

 
 
  
 
                                                 
7. 

8. 

9. 

10. 

In order to avoid unnecessary social and economic hardship, fishing activities that do 
not catch cod should be permitted within the area closed for cod fishing to the west 
of  Scotland,  so  long  as  such  activities  are  clearly  defined,  enforceable,  and  do  not 
cause an additional risk to the remaining stock of cod.  

Further  to  the  adoption  of  the  special  regime  applicable  to  fisheries  for  haddock  in 
the  North  Sea  by  the United  Kingdom, new scientific data have shown the need to 
adjust the areas defined in such regime in order to allow fishermen to make full use 
of  the  haddock  quotas  while  preserving  all  the  protection  to  cod  as  established  in 
such  special  regime.  Technical  measures, as  laid  down  in  Council  Regulation  (EC) 
No 850/1998 for the conservation of fishery resources for technical measures for the 
protection of juveniles of marine organisms3, permit that, when fishing for Nephrops 
with 70mm mesh in the North Sea, haddock may consist of up to 70% of the weight 
of the catch. It is therefore necessary to allow vessels fishing with towed gear with 
70  to  99  mm  mesh  size  to  hold  special  fishing  permits  concerning  fishing  for 
haddock. 

Conservation  measures  should  not  hinder  the  collection  of  scientific  information 
appropriate  for  management  purposes.  Therefore,  fishing  for  scientific  purposes 
should be allowed in areas where fishing operations are prohibited.  

Annex  V  of  Regulation  (EC)  No  2287/2003  lays  down  an  interim  fishing  effort 
limitation and additional conditions for monitoring, inspection and surveillance in the 
context of certain fish stocks recovery. The implementation of this Annex has shown 
that  certain  of  its  provisions  need  to  be  either  clarified  or  made  more  flexible,  in 
order to improve its applicability and effectiveness. It is necessary to ensure that any 
change to the scheme does not result in a lesser conservation value for the measures 
in question. 

The present proposal intends to introduce the necessary amendments to Annexes IA, IB, IC, 
IV, V and VII 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. 

3 

OJ L 125, 27.4.1998, p.1 

3 

 
 
  
 
                                                 
Proposal for a 

COUNCIL REGULATION 

Amending Regulation (EC) No 2287/2003 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 limitations in catch are 
required 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  the  Act  of  Accession  for  20034,  in  particular  Article  24  and  Annex  XII 
thereof, 

Having  regard  to  Council  Regulation  (EEC)  No  2371/2002  of  20  December  2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy 5, and in particular Article 20thereof, 

Having regard to the proposal from the Commission6, 

Whereas: 

(1) 

(2) 

(3) 

International  Baltic  Sea  Fisheries  Commission 

The 
(IBSFC)  adopted  a 
recommendation at its Annual meeting on 3 October 2003 on the allocation of herring 
in the Gulf of Riga. The necessary measures should be taken at Community level in 
order  to  implement  that  recommendation  in  Community  legislation  on  the  day 
following the date of accession of Estonia, Latvia, Lithuania and Poland. 

The IBFSC adopted a recommendation allowing an increase of the TAC for cod in the 
Baltic Sea in March 2004. Implementation of that recommendation in the Community 
legal order should be ensured. 

The Community’s fishing opportunities in Norwegian waters and the Norway’s fishing 
opportunities in Community waters for 2004 are laid down provisionally in Annexes I 
B,C  and  VII  to  Council  Regulation  (EC)  No  2287/2003  pending  the  conclusion  of 
fisheries consultations with Norway for 2004. In the Agreed Record of Conclusions of 
Fisheries  Consultations  between  the  Community  and  Norway  of  24  January  it  was 
agreed to recommend to the respective authorities the fishing opportunities for 2004 in 
their  respective  waters.  The  necessary  measures  should  be  taken  to  implement  the 
results of the consultations in Community legislation. 

(4) 

Quota  flexibility  for  sole  in  zone  II,  North  Sea  should  be  allowed  to  improve  the 
compatibility of quotas for flatfish in the North Sea and reduce discards. 

4 
5 
6 

OJ L 236, 23.9.2003, p. 1 
OJ L 358, 31.12.2002, p. 59. 
OJ C […] […], p.[…] 

4 

 
 
  
 
                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

Poland is in accordance with Annex XII to the Accession Treaty entitled to a herring 
quota in zones I and II. 

In order to guarantee that towed nets with a BACOMA exit window are the only gear 
type used in the cod fishery in Community waters of the Baltic Sea it should not be 
permitted to keep other type of gear on board. 

In order to avoid unnecessary social and economic hardship, fishing activities that do 
not catch cod should be permitted within the area closed for cod fishing to the west of 
Scotland, so long as such activities are clearly defined, enforceable, and do not cause 
an additional risk to the remaining stock of cod. 

New information on the distribution of catches of cod and haddock indicates that some 
areas  of  high  abundance  of  haddock  but  relatively  low  abundance  of  cod  were 
inappropriately included in the “cod protection area” defined in Annex IV. Also, some 
areas  of  relatively  high  cod  abundance  had  been  inappropriately  excluded.  An 
amendment to the geographical extent of the cod protection area is therefore required. 

Vessels fishing for Nephrops with mesh sizes of 70 to 99 mm may take by-catches of 
haddock up to 70% of the weight of marine organisms on board. Such vessels should 
therefore have the possibility to hold special licences for haddock fishing. 

(10)  Conservation  measures  should  not  hinder  the  collection  of  scientific  information 
appropriate  for  management  purposes.  Therefore,  fishing  for  scientific  purposes 
should be allowed in areas where fishing operations are prohibited. 

(11)  Annex  V  to  Regulation  (EC)  No  2287/2003  lays  down  an  interim  fishing  effort 
limitation and additional conditions for monitoring, inspection and surveillance in the 
context  of  the  recovery  of  certain  fish  stocks.  Since  then  the  Council  has  adopted 
Regulation  (EC)  No  XX/2004  of  26  February  2004  establishing  measures  for  the 
recovery of cod stocks7. It is appropriate to align the provisions of Annex V to those in 
that Regulation. Moreover the implementation of this Annex has shown that certain of 
its provisions need to be either clarified or made more flexible, in order to improve its 
applicability and effectiveness. It is necessary to ensure that any change to the scheme 
does not result in a lesser conservation value for the measures in question. 

(12)  Some  calculation  errors  have  been  corrected  and  drafting  improvements  have  been 

made. 

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

7 

OJ L […] 

5 

 
 
  
 
                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 

Annexes  IA,  IB,  IC,  IV,  V  and  VII  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. 

Point  1  (a)  and  (b)  of  the  Annex  shall  apply  on  the  day  following  the  date  of  accession  of 
Estonia, Latvia, Lithuania and Poland. 

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

Done at Brussels, 

For the Council 
The President 

6 

 
 
  
 
 
 
 
 
The Annexes to Regulation (EC) No 2287/2003 are amended as follows: 

ANNEX 

1. 

a) 

In Annex IA: 

The entry concerning the species Herring in zone III bcd is replaced by the following: 

‘Species: 

Herring 

Zone: 

IIIbcd (EC waters), except Management Unit 3 and 
Gulf of Riga(1) 

Denmark 

Germany  

Estonia  

Finland 

Latvia 

Lituania 

Poland 

Sweden 

Clupea Harengus 
8 279 (2)(7) 
25 106 (2)(7) 
10 406 (4)(5) 
9 386 (2)(7) 
2 704 (4)(5) 
2 568 (3)(6) 
28 870 (4) 
36 499 (2)(7) 

EC 

123 820  

TAC 
__________ 
(1)  Until the date of accession of the new Member States, the zone includes EC, Estonian, Latvian, Lithuanian 

132 090  

and Polish waters.  

(2)  Of which 500 tonnes may be fished in Lithuanian waters within a total EC quota of 500 tonnes. 

(3)  Of which 500 tonnes may be fished in EC waters. 

(4)  May not be fished in EC waters. 

(5)  May be fished in the Gulf of Riga (HER/03D-RG). 

(6) 

Excluding 500 tonnes transferred to Denmark, Germany, Finland and Sweden. 

Including transfer from Lithuania. 

(7) 
(8)  Until the date of accession of the new Member States, the EC quota is 78 770 tonnes. 
Footnotes 4, 5 and 6 shall apply until the date of accession of the new Member States’ 

7 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
(b) 

The following entry is inserted after the entry concerning Herring in zone III bcd: 

‘Species: 

Estonia 

Latvia 

EC 

TAC 

Herring 

Zone: 

Gulf of Riga 

HER/03D-RG 

Clupea harengus 
18 130  
21 130  

39 260  

39 260’  

The  entry  concerning  the  species  Cod  in  zone  Subdivisions  25-  35  (EC  waters)  is 

(c) 
replaced by the following: 

‘Species: 

Denmark 

Germany  

Estonia  

Finland 

Latvia 

Lituania 

Poland 

Sweden 

EC 

TAC 

__________ 

Cod 

Gadus morhua 

Zone: 

Sub-divisions 25-32 (EC waters) (1) 
COD/25/32- 

12 040 (2)(4)(6)(10) 
5 265 (2)(4)(6)(10) 
 781 (5)(10) 
 625 (2)(4)(6)(10) 
2 968 (7)(10) 
1 951 (3)(10) 
9 251 (8)(10) 
8 770 (2)(4)(6)(10) 

41 650 (9) 

45 400  

Analytical TAC where deductions of Article 5(2) of 
Regulation (EC) No 847/96 apply. 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Until the date of accession of the new Member States, the zone includes EC, Estonian, Latvian, Lithuanian 
and Polish waters. 
Of which 1 100 tonnes may be fished in Lithuanian waters within a total EC quota of 1 100 tonnes. 
Of which 1 100 tonnes may be fished in EC waters. 
Of which 650 tonnes may be fished in Estonian waters within a total EC quota of 650 tonnes. 

Of which 650 tonnes may be fished in EC waters. 

Of which 1 450 tonnes may be fished in Latvian waters within a total EC quota of 1 450 tonnes. 

Of which 1 450 tonnes may be fished in EC waters. 

May not be fished in EC waters. 

Until the date of accession of the new Member States, the EC quota is 26 700 tonnes. 

(10)  May be fished in sub-division 22-24. 
Footnotes 2, 3, 4, 5, 6, 7 and 8 shall apply until the date of accession of the new Member States.’ 

8 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2. 

In Annex IB: 

The entry concerning the species Sandeel in zone IIa, Skagerrak, Kattegat, North Sea 

(a) 
is replaced by the following: 

Zone: 

IIa (1) ,  Skagerrak, Kattegat, North Sea (1) 
SAN/24. 

‘Species: 

Denmark 

United Kingdom 

All Member States 

EC 

Sandeel 

Ammodytidae 
631 445  

13 802  

(2) 

24 153 

669 400  

Norway 

Faroe Islands 

45 000 (3) 
20 000 (3) (4) 

TAC 

734 400  

Precautionary TAC where Articles 3 and 4 of Regulation (EC) 
No 847/96 apply.  

__________ 
(1) 

EC waters excluding waters within 6 miles of UK baselines at Shetland, Fair Isle and Foula. 

(2) 

(3) 

(4) 

Except Denmark and the United Kingdom. 

To be taken in the North Sea.  

Includes Norway pout and a maximum of 4 000 tonnes of sprat.  The sprat and a maximum of 6 000 tonnes 
of Norway pout may be fished in division VIa north of 56°30'N. ’ 

(b) 

The entries concerning the species Herring in zones: 

Skagerrak and Kattegat, 
Norwegian waters south of 62° N 

are replaced by the following: 

Zone: 

Skagerrak and Kattegat 

HER/03A. 

‘Species: 

Denmark 

Germany 

Sweden 

EC 

Herring (1) 
Clupea harengus 
29 177 (3) 
467 (3) 
30 521 (3) 
60 164  

Faroe Islands 

500 (2) 

TAC 

__________ 

70 000  

Analytical TAC where deductions of Article 5(2) of 
Regulation (EC) No 847/96 apply. 

(1) 

(2) 

(3) 

Landed as the entire catch or sorted from the remainder of the catch. 

To be taken in Skagerrak. 
Of which 50% may be fished in the North Sea (EC waters) south of 60°N and east of 4°E. ’ 

9 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
‘Species: 

Sweden 

EC 

TAC 
__________ 

Herring  

Zone: 

Norwegian waters south of 62° N 

Clupea harengus 

HER/04-N. 

(1)   

 1 076 

 1 076 

460 000 

(1) 

By-catches of cod, haddock, pollack and whiting and saithe shall be counted against the quota for these 
species. ’ 

The entry concerning the species Cod in Norwegian waters south of 62° N is replaced 

(c) 
by the following: 

Zone: 

Norwegian waters south of 62° N 

COD/04-N. 

‘Species: 

Sweden 

EC 

TAC 

__________ 

Cod 

Gadus morhua 
516 (1) 
 516 (1) 

Not relevant 

(1) 

Accruing from the Agreed Records of Consultations between the European Community, on behalf of 
Sweden, and Norway, for 2004. ’ 

(d) 

The entries concerning the species Haddock in zones: 

Skagerrack and Kattegat, IIIbcd (EC Waters), 
IIa (EC waters), North Sea, 
Norwegian waters, south of 62° N 
are replaced by the following: 
Haddock 

Zone:  Skagerrak and Kattegat, IIIbcd (EC waters) 

Melanogrammus aeglefinus  

HAD/3A/BCD 

 18  

3 096  

 197  

 4  

 366 

(1) 

3 681 

4 755  

‘Species: 

Belgium 

Denmark 

Germany 

The Netherlands 

Sweden 

EC 

TAC 
__________ 
(1) 

Excluding an estimated 874 tonnes of industrial by-catch. ’ 

10 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
‘Species: 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

Sweden 

United Kingdom 

EC 

Norway 

TAC 

__________ 

Haddock 

Zone:  IIa (EC waters), North Sea 

Melanogrammus aeglefinus  

HAD/2AC4. 

 625  

4 300  

2 736  

4 769  

 469  

 303  

(1) 

(2) 

45 773 

58 975 

15 391  

77 000  

(1) 

Of which 30 027 tonnes to be caught and landed by vessels holding special fishing permits under the 
provisions of Paragraph 17 of Annex IV. 

(2) 

Excluding an estimate of 2 634 tonnes of industrial by-catch. 

Special conditions: 

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

EC 

‘Species: 

Sweden 

EC 

TAC 

Norwegian waters 
(HAD/04-NFS) 
45 828’ 

Haddock 

Zone:  Norwegian waters, south of 62° N 

Melanogrammus aeglefinus  

HAD/04-N. 

 956  
956  

51 735’  

11 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
The entry concerning the species Northern prawn in zone Norwegian waters, south of 

(e) 
62° N is replaced by the following: 

‘Species: 

Denmark 

Sweden 

EC 

TAC 
__________ 
(1) 

Northern prawn 

Zone: 

Norwegian waters, south of 62° N 

Pandalus borealis 

PRA/04-N. 

 900  
 151 (1) 
1 051  

Not relevant 

By-catches of cod, haddock, pollack, whiting and saithe shall be counted against the quotas for these 
species. ’ 

The entry concerning the species Plaice in zone IIa (EC waters), North Sea is replaced 

(f) 
by the following: 

Plaice 

Zone: 

IIa (EC waters), North Sea 

Pleuronectes platessa 

PLE/2AC4. 

3 624  

11 778  

3 397  

 680  

22 649  

16 761  

58 889  

2 111  

58 600  

Analytical TAC where deductions of Article 5(2) of 
Regulation (EC) No 847/96 apply. 

‘Species: 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

United Kingdom 

EC 

Norway 

TAC 

__________ 

Special conditions: 

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

EC 

30 000’ 

Norwegian waters (PLE/04-NFS) 

The entry concerning the species Saithe in zone Norwegian waters south of 62°N shall 

(g) 
be replaced by the following: 

‘Species: 

Sweden 

EC 

TAC 

Saithe 

Zone: 

Norwegian waters south of 62°N 

POK/04-N. 

Pollachius virens 
1 190  
 1 190  

190 000’  

12 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
The  entry  concerning  the  species  Mackerel  in  zone  IIa  (EC  waters),  Skagerrak  and 

(h) 
Kattegat, IIIb,c,d (EC waters), North Sea is replaced by the following: 

‘Species: 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

Sweden 

United Kingdom 

EC 

Norway 

TAC 

__________ 

Mackerel 

Scomber scombrus 

Zone: 

IIa (EC waters), Skagerrak and Kattegat, IIIb,c,d 
(EC waters), North Sea 

MAC/2A34- 

 453  

11 951  

 473  

1 428  

1 437  
4 262 (1) (2) (3) 
1 331  
21 335  (2)(4)(5) 
37 246  (6) 

545 500 (7) 

Analytical TAC where Articles 3 and 4 of Regulation 
(EC) No 847/96 apply. 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

Including a fishery by this Member State of 1 865 tonnes of mackerel in ICES Division IIIa and in EC 
waters of ICES Division IVab (MAC/3A/4AB). 
Including 214 tonnes to be taken in Norwegian waters of ICES Sub-area IV(MAC/04-N.). 

When fishing in Norwegian waters, by-catches of cod, haddock, pollack and whiting and saithe shall be 
counted against the quotas for these species. 

Including 1 865 tonnes accruing from conditions defined in footnote 2 of the Annex of the Agreed Records 
of Conclusions of Fisheries Consultations between the European Community and Norway, Brussels, 9 
December 1995. 

Including 636 tonnes accruing from the arrangement between the European Community and Norway for 
2004 on the Management of the joint EU-Norway share of the NEAFC allowable catch. 

To be deducted from Norway’s share of the TAC (access quota).  This quota may be fished in division IVa 
only, except for 3 000 tonnes that may be fished in division IIIa. 
TAC agreed by the EC, Norway and Faroe Islands for the northern area. 

Special conditions: 

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

IIIa 

IIIa, IVb,c 

IVb 

IVc 

IIa (non-EC waters), VI, from 1 
January to 31 March 2004 

MAC/03A. 

MAC/3A/4BC

MAC/04B.

MAC/04C.

MAC/2A6. 

Denmark 

France 

The Netherlands 

Sweden 

United Kingdom 

Norway 

3 000’ 

4 020  

340

10

4 130

440

440

440

13 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
  
 
 
 
  
 
 
 
  
 
 
  
 
 
The entry concerning the species Common sole in zone II, North Sea is replaced by 

(i) 
the following 

‘Species: 

Belgium 

Denmark 

Germany 

France 

The Netherlands 

United Kingdom 

EC 

TAC 

Common sole 

Solea solea 

Zone: 

II, North Sea 

SOL/24. 

1 417  

 648  

1 133  

 283  

12 790  

 729  

17 000  

17 000  

Analytical TAC where Articles 3 and 4 of 
Regulation (EC) No 847/96 apply. ’ 

All  footnotes  with  the  text  “Provisional  quota,  pending  the  conclusion  of  fisheries 

(j) 
consultations with Norway for 2004” are deleted. 

14 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3. 

In Annex IC: 

The  entry  concerning  the  species  Herring  in  zone  I,  II  (EC  waters  and  International 

(a) 
waters) is replaced by the following: 

‘Species: 

Herring  

Zone: 

I, II (EC waters, International waters and Norwegian 
waters) 

Clupea harengus 

HER/1/2.  

Belgium 

Denmark 

Germany 

Spain 

France 

Ireland 

The Netherlands 

Poland 

Portugal 

Finland 

Sweden 

United Kingdom 

EC 

TAC 

__________ 

25  

24 946  

4 368  

82  

1 076  

6 458  

8 927  

1 262  

82  

386  

9 244  

15 948  

72 804  

Not relevant’ 

(1) 

(2) 

May not be fished in EC waters. 

Until the date of accession of the new Member States, the EC quota is 71 542 tonnes 

Footnote 1 shall apply until the date of accession of the new Member States 

15 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The  entry  with  the  species  Cod  in  zone  I,  II  (Norwegian  waters)  is  replaced  by  the 

(b) 
following: 

‘Species: 

Germany 

Greece 

Spain 

Ireland 

France 

Portugal 

United Kingdom 

EC 

TAC 

Cod 

Gadus morhua 

Zone: 

I, II (Norwegian waters) 

COD/1N2AB- 

2 404  

293  

2 640  

293  

2 206  

2 640  

9 324  
 19 800  

 486 000  

The  entry  concerning  the  species  Capelin  in  zone  V,  XIV  (Greenland  waters)  is 

(c) 
replaced by the following: 

‘Species: 

Capelin 

Zone: 

V, XIV (Greenland waters) 

CAP/514GRN 

Mallotus villosus 
40 985  
95 985 (1) 

Not relevant 

All Member States 

EC 

TAC 

(1) 

Of which 15 000 tonnes are allocated to Norway, 30 000 tonnes to Iceland and 10 000 tonnes to Faroe 
Islands. The Community share represents 70% of the capelin TAC for the season.  Upon revision of this 
TAC in the course of 2004, the Community quota shall be revised accordingly. ’ 

The entry concerning the species Haddock in zone I, II (Norwegian waters) is replaced 

(d) 
by the following: 

‘Species: 

Germany 

France 

United Kingdom 

EC 

TAC 

Haddock 

Zone: 

I, II (Norwegian waters) 

Melanogrammus aeglefinus  

HAD/1N2AB- 

 428  

 257  

1 315  

 2 000  

Not relevant’ 

16 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The entry concerning the species Northern prawn in zone V, XIV (Greenland waters) 

(e) 
is replaced by the following: 

‘Species: 

Denmark 

France 

EC 

Northern prawn 

Zone: 

V, XIV (Greenland waters) 

Pandalus borealis 

PRA/514GRN 

848  
848  
5 675 (1) 

TAC 

___________ 

Not relevant’ 

(1) 

Of which 2 830 tonnes are allocated to Norway and 1 150 tonnes to Faroe Islands.  

The  entry  concerning  the  species  Greenland  halibut  in  zone  V,  XIV  (Greenland 

(f) 
waters) is replaced by the following: 

‘Species: 

Greenland halibut 

Zone: 

V, XIV (Greenland waters) 

GHL/514GRN 

Reinhardtius 
hippoglossoides 

4 037  

 213  
4 800 (1) 

Not relevant 

Germany 

United Kingdom 

EC 

TAC 

__________ 

(1) 

Of which 400 tonnes are allocated to Norway and 150 tonnes are allocated to Faroe Islands. 

The entry concerning the species Mackerel in zone IIa (Norwegian waters) is replaced 

(g) 
by the following: 

‘Species: 

Denmark 

EC 

TAC 
__________ 
(1) 

Mackerel 

Zone: 

IIa (Norwegian waters) 

MAC/02A-N. 

Scomber scombrus 
 11 100 (1) 
 11 100 (1)  

Not relevant 

May also be fished in sub-area IV (Norwegian waters) and in Division IIa (non-EC waters). ’ 

17 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
The  entry  concerning  the  species  Redfish  in  zone  V,  XIV  (Greenland  waters)  is 

(h) 
replaced by the following: 

‘Species: 

Germany 

France 

Redfish 

Sebastes spp. 
19 533  
 99  

United Kingdom 

EC 

 138  

25 500 (1)(2)(3) 

Zone: 

V, XIV (Greenland waters) 

RED/514GRN 

TAC 
__________ 
(1) 

Not relevant 

A maximum of 20 000 tonnes may be fished by pelagic trawl. Catches from the bottom trawl fishery and the 
pelagic trawl fishery shall be reported separately. May be fished East or West. 

(2) 

(3) 

5 230 tonnes to be fished with pelagic trawl are allocated to Norway. 

500 tonnes are allocated to the Faroe Islands. Catches from the bottom trawl and pelagic trawl fisheries shall 
be reported separately. ’ 

All  footnotes  with  the  text  “Provisional  quota,  pending  the  conclusion  of  fisheries 

(i) 
consultations with Norway for 2004” are deleted. 

18 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4. 

In Annex IV:  

(a)  The following Point 1.1.3 is inserted : 

‘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.’ 

(b)  Point 6 is deleted. 

(c)  Point 13 is replaced by the following:  

‘13 

Restrictions on fishing for Cod in West of Scotland   

Until 31 December 2004, it shall be prohibited to conduct any fishing 
(a) 
activity within the area enclosed by sequentially joining with straight lines the 
following geographical coordinates: 

– 

– 

– 

– 

– 

– 

59°05'N, 06°45'W 

59°30'N, 06°00'W 

59°40'N, 05°00'W 

60°00'N, 04°00'W 

59°30'N, 04°00'W 

59°05'N, 06°45'W. 

(b)  By  way  of  derogation  from  (a),  it  shall  be  permitted  to  conduct  fishing 

activities using pots and creels, provided that  

(i) no fishing gear other than pots and creels are carried on board, and  

(ii) no fish other than shellfish and crustacea are retained on board.  

(c)  By  way  of  derogation  from  (a),  it  shall  be  permitted  to  conduct  fishing 

activities using nets of mesh size less than 55mm, provided that  

(i) no net of mesh size greater than or equal to 55mm is carried on board, 

and 

(ii)  no  fish  other  than  herring,  mackerel,  horse  mackerel,  blue  whiting 

and argentines are retained on board. ’ 

19 

 
 
  
 
 
 
 
 
 
 
(d) 

In point 17: 

(i) 

the section (a) is replaced with the following: 

‘(a)   For the purposes of this point, ‘cod protection area’ means that part 
of ICES Division IV included in the following ICESrectangles that 
lies further than 12 miles from coastal baselines 

49E6, 48E6, 47E6, 50E7, 49E7, 48E7, 50E8, 51E9, 50E9, 49E9, 50F0,  

49F0, 48F0, 47F0, 46F0, 45F0, 51F1, 50F1, 49F1, 48F1, 47F1, 46F1,  

45F1, 44F1, 50F2, 49F2, 48F2, 47F2, 46F2, 45F2, 44F2, 46F3, 45F3,  

44F3, 45F4, 44F4, 43F5, 43F6, 43F7, 42F7, 38E9, 37E9, 37F0. ’; 

(ii) 

the section (b)(ix) is replaced by the following: 

‘(ix)  not  to  carry  on  board  or  deploy  towed  demersal  gear  of  less  than 

70mm mesh size. ’ 

(e)  The following Point 18 is added: 

‘18.  Scientific monitoring   

(a)  The measures referred to in Points 5, 7, 13 and 16 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 of 30 March 1998 for the conservation 
of  fishery  resources  through  technical  measures  for  the  protection 
of  juveniles  of  marine  organisms8  and  the  marketing  standards 
adopted  pursuant  to  Article  2  of  Council  Regulation  (EEC)  No 
3759/92 of 17 December 1992 on the common organisation of the 
market in fishery and aquaculture products9, or   

they  are  sold  directly  for  purposes  other 

— 
consumption.’ 

than  human 

8 
9 

OJ L 125, 27.5.1998, p.1.  
OJ  L  388,  31.12.1992,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  3318/94  (OJ  L  350, 
31.12.1994,p. 15). 

20 

 
 
  
 
 
 
 
                                                 
(f)  Appendix 2 is replaced by the following: 

‘Appendix 2 to Annex IV 
TOWED GEARS: Skagerrak and Kattegat 

Mesh size ranges, target species and required catch percentages  

applicable to the use of a single mesh size range.  

Species 

<16 

16-31 

30-69 

32-69 

32-69 

35-69  70-89(5) ≥90 

Mesh size range (millimetres) 

x 

x 

Minimum percentage of target species 
50%(6) 50%(6) 20%(6) 50%(6) 50%(6)  20%(6)  20%(7) 30%(8) none
x 
x 
x 
x 
x 
x 

x 
x 
x 
x 
x 
x 

x 
x 
x 
x 
x 
x 
x 
x 
x 
x 

x 
x 
x 
x 
x 
x 
x 
x 
x 
x 

x 
x 
x 
x 
x 
x 
x 
x 
x 
x 

x 
x 
x 
x 
x 
x 
x 
x 

x 

x 

x 

x 

x 

x 

x 

x 
x 
x 

x 

x 

x 

x 

x 

x 

x 
x 
x 

x 

x 
x 

x 

x 

x 

x 

Sandeel (Ammodytidae)(3) 
Sandeel (Ammodytidae) (4) 
Norway pout (Trisopterus esmarkii) 
Blue whiting (Micromesistius poutassou) 
Greater weever (Trachinus draco) (1) 
Molluscs (except Sepia) (1) 
Garfish (Belone belone) (1) 
Gray gurnard (Eutrigla gurnardus) (1) 
Argentine (Argentina spp.) 
Sprat (Sprattus sprattus) 

Eel (Anguilla, anguilla) 

Common shrimp/Baltic shrimp 
(Crangon spp., Palaemon adspersus) (2) 
Mackerel (Scomber spp.) 
Horse mackerel (Trachurus spp.) 
Herring (Clupea harengus) 

Northern shrimp (Pandalus borealis)  
Common shrimp/Baltic shrimp 
(Crangon spp., Palaemon adspersus) (1) 
Whiting (Merlangius merlangus) 
Norway lobster (Nephrops norvegicus) 

All other marine organisms 
(1) 
(2) 
(3) 
(4) 

Only within four miles from the baselines. 
Outside four miles from the baselines. 
From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat. 
From  1  November  to  the  last  day  of  February  in  Skagerrak  and  from  1 August to  the  last  day  of 
February in Kattegat. 
When applying this mesh size range the codend and the extension piece shall be constructed of square 
meshed netting. 
The catch retained on board shall consist of no more than 10% of any mixture of cod, haddock, hake, 
plaice, witch, lemon sole, turbot, brill, flounder, mackerel, megrim, whiting, dab, saithe, Norway lobster 
and lobster. 
The catch retained on board shall consist of no more than 50% of any mixture of cod, haddock, hake, 
plaice,  witch,  lemon  sole,  turbot,  brill,  flounder,  herring,  mackerel,  megrim,  whiting,  dab,  saithe, 
Norway lobster and lobster. 
The catch retained on board shall consist of no more than 60% of any mixture of cod, haddock, hake, 
plaice, witch, lemon sole, turbot, brill, flounder, megrim, whiting, dab, saithe and lobster. 

(5) 

(6) 

(7) 

(8) 

21 

 
 
  
 
 
 
 
 
 
 
 
  
 
  
  
 
  
  
  
 
  
 
  
  
  
 
 
 
  
  
  
 
 
  
 
  
  
  
 
 
  
  
 
5. 

Annex V is replaced by the following: 

ANNEX V 

INTERIM FISHING EFFORT LIMITATION AND ADDITIONAL CONDITIONS 

FOR MONITORING, INSPECTION AND SURVEILLANCE 

IN THE CONTEXT OF CERTAIN FISH STOCKS RECOVERY 

GENERAL PROVISIONS 

1. 

2. 

The conditions laid down in this Annex shall apply to Community fishing vessels of 
length overall equal to or greater than 10 metres. 

For the purposes of this Annex, the following geographical area shall apply: 

(a)  Kattegat (ICES Division IIIa south), 

Skagerrak and North Sea (ICES Divisions IVa,b,c, IIIa north and IIa EC), 

West of Scotland (ICES Division VIa), 

Eastern Channel (ICES Divisions VIId) and 

Irish Sea (ICES Division VIIa). 

(b)  For  vessels  notified  to  the  Commission  as  being  equipped  with  appropriate 
vessel  monitoring  systems,  the  following  definition  for  the  area  West  of 
Scotland, (ICES Division VIa) shall apply: 

ICES Division VIa excluding that part which lies to the west of a line drawn by 
sequentially  joining  with  straight  lines  the  following  geographical 
coordinates: 

60°00'N, 04°00'W 

59°45'N, 05°00'W 

59°30'N, 06°00'W 

59°00'N, 07°00'W 

58°30'N, 08°00'W 

58°00'N, 08°00'W 

58°00'N, 08°30'W 

56°00'N, 08°30'W 

56°00'N, 09°00'W 

55°00'N, 09°00'W 

55°00'N, 10°00'W 

54°30'N, 10°00'W. 

22 

 
 
  
 
 
 
3. 

For the purposes of this Annex, a day present within the area and absent from port 
shall be: 

(a) 

(b) 

the 24-hour period between 00:00 Hrs of a calendar day and 24:00 Hrs of the 
same calendar day or any part of such a period during which a vessel is present 
within either of the areas defined in point 2 and absent from port, or 

any continuous period of 24 hours as recorded in the EC logbook during which 
a vessel is present within either of the areas defined in point 2 and absent from 
port or any part of any such time period. 

A Member State which wishes to employ the definition of a day present within 
the  area  and  absent  from  port  laid  down  under  subpoint  (b)  shall  notify  the 
Commission  of  the  means  of  monitoring  the  activities  of  a  vessel  to  ensure 
compliance with the conditions laid down in subpoint (b). 

4. 

For the purpose of this Annex, the following groupings of fishing gears shall apply: 

(a) 

demersal trawls, seines or similar towed gears of mesh size equal to or greater 
than 100 mm except beam trawls; 

(b)  beam trawls of mesh size equal to or greater than 80 mm; 

(c) 

static demersal nets including gill nets, trammel nets and tangle nets; 

(d)  demersal longlines; 

(e) 

(f) 

demersal  trawls,  seines  or  similar  towed  gears  of  mesh  size  between  70 mm 
and 99 mm except beam trawls with mesh size between 80mm and 99mm; 

demersal  trawls,  seines  or  similar  towed  gears  of  mesh  size  between  16  mm 
and 31 mm except beam trawls; 

(g) 

all other fishing gears. 

FISHING EFFORT 

5. 

6. 

Each  Member  State  shall  ensure  that,  when  carrying  on  board  any  of  the  fishing 
gears  referred  to  in  point  4,  fishing  vessels  flying  its  flag  and  registered  in  the 
Community shall be present within the area and absent from port for no more than 
the number of days specified in point 6. 

(a)  The maximum number of days in any calendar month for which a vessel may 
be present within the area and absent from port having carried on board any one of 
the fishing gears eferred to in point 4 is shown in table I. 

23 

 
 
  
 
 
 
Table I – Maximum days present within the area and absent from port by fishing gear 

Area defined in point: 

4a 

4b 

4c 

4d 

4e 

4f 

4g 

Grouping of fishing gears referred to in point: 

2a.  Kattegat,  Skagerrak 
and  North  Sea,  West 
of  Scotland,  Eastern 
Channel, Irish Sea. 

10 

14 

14 

17 

22 

20 

No days 
restriction*

* 

The vessel may be present within the area for the number of days in the month 
concerned. 

(b)  A  Member  State  may  aggregate  the  days  present  within  the  area  and  absent 
from  port  in  Table  I  within  management  periods  of  up  to  eleven  calendar 
months.    Member  States  shall  notify  the  Commission  of  their  intention  to 
aggregate management periods before the beginning of any aggregated period. 

(c)  An additional number of days on which a vessel may be present within the area 
and  absent  from  port  when  carrying  on  board  any  of  the  gears  referred  to  in 
point 4 may be allocated to Member States by the Commission on the basis of 
the  achieved  results  of  decommissioning  programmes  that  have  taken  place 
since 1 January 2002.    

Member States wishing to benefit from such allocations shall submit a request 
to  the  Commission  with  reports  containing  the  details  of  their  completed 
decommissioning programmes 

. 

On  the  basis  of  such  a  request  the  Commission,  following  consultation  with 
Member  States, may  amend  the  number  of  days  defined  in  point  (a)  for  that 
Member State. 

(d)  Derogations from the number of days present within the area and absent from 
port shown in Table I may be allocated to vessels by Member States under the 
conditions shown in Table II.  

Member  States  wishing  to  allocate  these  additional  days  shall  notify  the 
Commission  with  details  of  the  vessels  that  will  benefit  and  with  details  of 
their  track  records  at  least  two  weeks  before  the  additional  days  are  to  be 
granted. 

24 

 
 
  
 
  
 
 
 
 
 
 
 
 
 
100 to < 120 mm 
up to 14 

≥ 120 mm up to 15  

Up to 16 days 

Up to 20 days  

Table II – Derogations from days present within the area and absent from port in Table 
I and associated conditions 

Area Defined in 

Gear defined in 

2002 vessel track record* 

Days  

point 2 

2(a) 

2(a) 

point 4 

4(a), 4(e) 

Less than 5% of each of 
cod, sole and plaice 

no days 
restriction***  

4(a), 4(b) 

Less than 5% cod 

2(a) Kattegat (ICES 
Division IIIa south), 
North Sea 

4(c) gear of mesh size 
equal to or greater 
than 220 mm 

Less than 5% cod and more 
than 5% of turbot and  
lumpfish 

2(a)Eastern channel 
ICES Division VIId 

4(c) gear of mesh size 
equal to or less than 
110 mm 

Vessels of less than 15 m in 
length with landings of over 
35% unregulated species 
and absent from port for no 
more than 24 hours** 

* 

As verified by the EC logbook - average annual landing in live weight. 

**  Notwithstanding  this  provision,  the  derogation  shall  also  apply  to  a  maximum  of  six 
vessels  flying  the  flag  of  France  and  registered  in  the  Community  of  length  overall 
equal  to  or  greater  than  15  metres.    A  list  of  such  vessels  shall  be  submitted  to  the 
Commission before 1 February 2004. 

***  The  vessel  may  be  present  within  the  area  for  the  number  of  days  in  the  month 

concerned. 

If  this  higher  allocation  of  days  is  given  to  a  vessel,  as  a  result  of  its  low 
percentage track record of catch of certain species, that vessel shall not at any time 
retain  more  than  the  percentage  of  those  species  on  board  as  shown  in  Table  II.  
When this condition is not met by a vessel, that vessel shall with immediate effect 
no longer be entitled to the additional days. 

(e)  Upon the request of a Member State the Commission may allocate a derogation 
under  the  first  line  in  table  II  in  respect  of  the  saithe  fishery  without  the 
requirement for a track record in previous years of fishing with less than 5% of 
each  of  cod,  sole  and  plaice.    Along  with  its  request  the  Member  State  shall 
submit  details  of  the  vessels  that  would  benefit,  with  evidence  of  their  quota 
holding  and  planned  activity.    The  request  shall  be  submitted  to  the 
Commission  at  least  4 weeks  before  the  beginning  of  the  first  management 
period in which the days are to be allocated.   

Any vessel allocated extra days under this provision may not at any time retain 
on board more than 5% of each of: cod, sole and plaice. 

Inspection and surveillance at sea and in port by the competent authorities shall 

25 

 
 
  
 
 
 
 
be undertaken for verification of compliance with the above requirement.  Any 
vessel  found  to  be  not  complying  with  the  requirement  shall  with  immediate 
effect no longer be entitled to the additional days. 

(f) 

In recognition of the area closure in the Irish Sea for the protection of spawning 
fish and the assumed reduction in fishing mortality on cod, an additional two 
days will be available for vessels in groupings of fishing gears 4a and 4b which 
spend  more  than  half  of  their  allocated  days  in  a  given  management  period 
fishing in the Irish Sea. 

7. 

Before  the  first  day  of  each  management  period  the  master  of  a  vessel  or  his 
representative shall notify to the authorities of the flag Member State which gear or 
gears  he  intends  to  use  during  the  forthcoming  management  period.    Until  such 
notification is provided the vessel will not be entitled to fish within the areas defined 
in point 2. 

Where  the  master  of  a  vessel  or  his  representative  notifies  the  use  of  two  of  the 
groupings of fishing gears defined under point 4, the total number of days available 
during the forthcoming management period shall be no more than half the sum of the 
days to which the vessel is eligible for each gear, rounded down to the nearest whole 
day.  It shall not be permitted to deploy either of the gears concerned for more days 
than the number of days laid down for that gear in Table I. 

The option to use two groupings of fishing gears shall only be available for vessels 
with a track record of using those gears.  On request from the Commission, Member 
States  shall  provide  reports  on  the  vessels  that  have  taken  this  option  and 
conformation of the track record of use of the gears concerned. 

The  option  to  use  two  gears  shall  only  be  available  if  the  following  additional 
monitoring arrangements are met: 

–  During a given trip the fishing vessel may carry on board only one of the fishing 

gears referred to in point 4(a)-(f); 

–  Before any trip the master of a vessel or his representative shall give prior notice 
to  the  competent  authorities  of  the  type  of  fishing  gear  that  is  to  be  carried  on 
board. 

Inspection  and surveillance  at sea and  in  port  by  the competent authorities  shall be 
undertaken  for  verification  of  compliance  with  the  above  two  requirements.    Any 
vessel  found  to  be  not  complying  with  these  requirements  shall  with  immediate 
effect no longer be permitted to use two groupings of fishing gears. 

8. 

9. 

A vessel which is present within any of the areas defined in point 2 and carrying on 
board  any  one  of  the  fishing  gears  referred  to  in  point  4(a)-(f)  may  not 
simultaneously carry on board any of the other gears referred to in point 4(a)-(f). 

(a) 
In  any  given  management  period  a  vessel  that  has  used  the  number  of  days 
present  within  the  area  and  absent  from  port  to  which  it  is  eligible  shall  remain  in 
port  or  out  of  any  area  referred  to  in  point  2  for  the  remainder  of  the  management 
period. 

26 

 
 
  
 
(b) 
In  any  given  management  period  a  vessel  may  undertake  non-fishing  related 
activities,  without  that  time  being  counted  against  its  days  allocated  under  point  6, 
provided that the vessel first notifies the Member State of its intention to do so, the 
nature  of  its  activity  and  that  it  surrenders  its  fishing  licence  for  this  time.  Such 
vessels shall not carry any fishing gear or fish on board during that time. 

10. 

(a)  A Member State may permit any of its fishing vessels to transfer days present 
within the area and absent from port to which it is eligible to another of its vessels for 
the same management period and within the same area provided that the product of 
the  days  received  by  a  vessel  multiplied  by  its  engine  power  in  kilowatts  (kilowatt 
days) is equal to or less than the product of the days transferred by the donor vessel 
multiplied  by  the  engine  power  in  kilowatts  of  that  vessel.  The  engine  power  in 
kilowatts  of  the  vessels  shall  be  that  recorded  for  each  vessel  in  the  Community 
fishing fleet register. 

(b)  The  total  number  of  days  present  within  the  area  and  absent  from  port 
transferred  under  sub-point  (a)  multiplied  by  the  engine  power  in  kilowatts  of  the 
donor  vessel  shall  not  be  higher  than  the  donor  vessel's  average  annual  days  as 
verified  by  the  EC  logbook  in  the  years  2001,  2002  and  2003,  multiplied  by  the 
engine power in kilowatts of that vessel. 

(c)  The  transfer  of  days  as  described  in  sub-point  (a)  shall  only  be  permitted 
between vessels operating within the same gear grouping and area categories referred 
to in point 6 (a) and during the same management period. 

(d)  No transfer of days from vessels benefiting from  the  allocation referred  to in 
points 6(d), 6(e) and 7 is permitted. 

(e)  On request from the Commission, Member States shall provide reports on the 
transfers that have taken place. 

A  vessel  with  no  track  record  of  fishing  in  one  of  the  areas  defined  in  point  2  is 
allowed to transit across these areas provided that it has first notified its authorities of 
its intention to do so. While that vessel is within any of the areas defined in point 2 
any  fishing  gears  carried  on  board  must  be  lashed  and  stowed  in  accordance  with 
conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93. 

A Member State shall not permit fishing with any of the gears defined in point 4(a)-
(f) in any area defined in point 2 by any of its vessels which have no record of such 
fishing  activity  in  the  years  2001,  2002  or  2003  in  that  area  unless  it  ensures  that 
equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated 
area. 

A Member State shall not count against the days allocated to any of its vessels under 
this  Annex  any  days  when  the  vessel  has  been  absent  from  port  but  unable  to  fish 
because it was assisting another vessel in need of emergency aid.  The Member State 
shall  provide  justification  to  the  Commission  within  one  month  of  any  decisions 
taken  on  this  basis  with  associated  evidence  of  the  emergency  from  coastguard 
reports. 

11. 

12. 

13. 

27 

 
 
  
 
MONITORING, INSPECTION AND SURVEILLANCE 

14. 

15. 

16. 

Notwithstanding  Article  19a  of  Regulation  (EEC)  No  2847/93,  Articles  19b,  19c, 
19d,  19e  and  19k  of  that  Regulation  shall  apply  to  vessels  carrying  on  board  the 
fishing gears defined in point 4(a)-(f) and operating in the areas defined in point 2. 

Member  States  may  implement  alternative  control  measures  to  ensure  compliance 
with reporting obligations referred in point 14 of this Annex which are as effective 
and  transparent  as  these  reporting  obligations.    Such  alternative  measures  shall  be 
notified to the Commission before being implemented. 

The master of a Community fishing vessel, or his representative, prior to any entry to 
port or any landing location of a Member State after having been present in an area 
referred to in Table III with more than the quantities of any species indicated on that 
table,  shall  inform,  at  least  four  hours  in  advance  of  such  entry,  the  competent 
authorities of that Member State of: 

–  the name of the port or landing location, 

–  the estimated time of arrival at that port or landing location, 

–  the quantities in kilograms live weight for all species of which more than 50 kg is 

retained on board. 

17. 

The  competent  authorities  of  a  Member  State  in  which  a  landing  requiring  pre-
notification is to be made may require that the discharge of catch retained on board 
does not commence until authorised by those authorities. 

Table III –Landing quantities in tonnes by area and species above which special 
condition apply 

Volume of Species in tonnes: 

Cod 

PN 

1 

DP 

2 

Area defined in point: 

2a.  Kattegat,  North  Sea  and  Skagerrak,  West  of 

Scotland, Eastern Channel, Irish Sea. 

PN – Prior Notification as referred to in Point 16 
DP – Designated Port as referred to in Point 19 

18. 

19. 

The master of a Community fishing vessel or his representative wishing to tranship 
or  discharge  at  sea  any  quantity  retained  on  board  or  to  land  in  a  port  or  landing 
location of a third country shall inform the competent authorities of the flag Member 
State at least 24 hours prior to transhipping or discharging at sea or to landing in a 
third country the information referred to in point 16. 

It  is  not  permitted  to  land  in  excess  of  the  quantities  of  any  species  referred  to  in 
Table III (under the DP heading) for a fishing vessel having been in the area defined 
in the table outside a designated port. 

28 

 
 
  
 
  
  
Each Member State shall transmit to the Commission within 15 days of the date of 
entry  into  force  of  this  Regulation  the  list  of  designated  ports  and,  within  30  days 
thereafter,  inspection  and  surveillance  procedures  including,  for  those  ports,  the 
terms and conditions for recording and reporting the quantities of any of the species 
and  stocks  referred  to  in  Article  12  of  this  Regulation  within  each  landing.    The 
Commission shall transmit this information to all Member States. 

By  way  of  derogation  from  Article  5(2)  of  Commission  Regulation  (EEC)  No 
2807/83 of 22 September 1983 laying down detailed rules for recording information 
on  Member  States'  catches  of  fish10,  the  permitted  margin  of  tolerance,  when 
estimating  quantities,  in  kilograms  retained  on  board  of  vessels  referred  to  in  point 
13 shall be 8% of the logbook figure. 

It shall be prohibited to retain on board a fishing vessel in any container any quantity 
of  cod  mixed  with  any  other  species  of  marine  organism.    Containers  with  cod  or 
plaice shall be stowed in the hold in such a way that they are kept separate from other 
containers. 

The  competent  authorities  of  a  Member  State  may  require  that any  quantity  of  cod 
caught in any of the areas specified in point 2 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  port  designated  under  point  17,  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. 

By way of derogation from Article 13 of Regulation (EEC) No 2847/93,  quantities 
greater than 50kg of any species referred to in Article 12 of this Regulation 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. 

20. 

21. 

22. 

23. 

24. 

By  way  of  derogation  from  Article  34c(1)  of  Regulation  (EEC)  No  2847/93,  the 
specific  monitoring  programme  for  any  of  the  stocks  referred  to  in  Article  12  may 
last more than two years from their date of entry into force. 

10 

OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Commission Regulation (EC) No 1965/2001 
(OJ L 268, 9.10.2001, p. 23). 

29 

 
 
  
 
                                                 
6. 

In Annex VII, Part I is replaced by the following: 

‘PART I 

Quantitative limitations of licences and 

fishing permits for community vessels fishing in 

third country waters 

Area of fishing 

Fishery 

Norwegian 
waters and 
fishery zone 
around Jan 
Mayen 

Herring11, North of 62°00'N 

Demersal species, North of 62°00'N 

Mackerel,  South  of  62°00'N,  purse  seine 
fishery 

Number 
of 
licences 

Maximum 
number of 
vessels present 
at any time 

75 

80 

11 

55 

50 

not relevant 

Estonian 
waters13 

Waters of the 
Faroe Islands 

Mackerel,  South  of  62°00'N, 
fishery 

trawl 

19 

not relevant 

Mackerel,  North  of  62°00'N,  purse  seine 
fishery 

1112 

not relevant 

480 

250 

26 

150 

70 

13 

8 

4 

70 

26 

Industrial species, South of 62°00'N 

Cod, herring, salmon and sprat 

All  trawl  fisheries  with  vessels  of  not 
more  than  180  feet  in  the  zone  between 
12  and  21  miles  from 
the  Faroese 
baselines 

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

In 

Trawling  outside  21  miles  from  the 
Faroese  baselines. 
the  periods 
1 March  to  31  May  and  1  October  to 
31 December,  these  vessels  may  operate 
in the area between 61°20'N and 62°00'N 
and  between  12  and  21  miles  from  the 
baselines.  

11 
12 
13 

Pending the conclusion of an arrangement with Norway for 2004. 
To be selected from the 11 licences  for purse seine fishery for mackerel South of 62°00'N 
Applicable from 1 January to 30 April 2004. 

30 

 
 
  
 
 
                                                 
Trawl  fisheries  for  blue  ling  with  a 
minimum  mesh  of  100  mm  in  the  area 
south of 61°30'N and west of 9°00'W and 
in  the  area  between  7°00'W  and  9°00'W 
south  of  60°30'N  and  in  the  area  south-
west  of  a  line  between  60°30'N,  7°00'W 
and 60°00'N, 6°00'W. 

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

Fisheries  for  blue  whiting.    The  total 
number  of  licences  may  be  increased  by 
ford vessels  to  form  pairs,  should  the 
Faroese authorities introduce special rules 
of  access  to  an  area  called  "main  fishing 
area of blue whiting" 

Line fishing 

Fishing for mackerel 

Herring fisheries north of 62°N 

Iceland 
All fisheries 
Latvian waters3  Fishing for cod, herring and sprat 

Fishing for salmon 

All fisheries 

70 

20 

70 

22 

34 

20 

10 

12 

21 

18 

130 

40 

300 

6 

12 

21 

5 

38 

15 

60 

Lithuanian 
waters3 

Waters of the 
Russian 
Federation 

All fisheries 

pm 

pm 

Fisheries for cod 

Fisheries for sprat 

pm 

pm 

pm 

pm 

31