Council Regulation (EC) No 770/2004 of 21 April 2004 amending Regulation (EC) No 2791/1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the north-east Atlantic fisheries
Date: 2004-04-21
Institutions: Council of the European Union
Subjects: Atlantic Ocean, fishing area, fishing controls, international convention, international cooperation

L 123/4

EN

Official Journal of the European Union

27.4.2004

COUNCIL REGULATION (EC) No 770/2004

of 21 April 2004

amending Regulation (EC) No 2791/1999 laying down certain control measures applicable in the
area covered by the Convention on future multilateral cooperation in the north-east Atlantic
fisheries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

(6)

To ensure continuity with the provisions in force until
31 December 2002, it is necessary that application of
Articles 6(3), 8, 10 and 11 should start immediately
after that date.

(7)

Regulation (EC) No 2791/1999 should therefore be
amended,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

(4)

Council Regulation (EC) No 2791/1999 of 16 December
1999 laying down certain control measures applicable in
the area covered by the Convention on future multilat-
eral cooperation in the north-east Atlantic fisheries (2)
lays down the general rules and conditions for the appli-
cation of the Scheme of control and enforcement in
respect of fishing vessels fishing in areas beyond the
limits of national fisheries jurisdiction in the North East
Atlantic Fisheries Commission (NEAFC) Convention area
(the Scheme).

NEAFC adopted a recommendation to amend the
Scheme to add haddock as a regulated resource and
adopted recommendations in November 2002 to amend
the Scheme with regard to transhipments and joint
fishing operations.

Under the NEAFC Convention, these recommendations
have become binding on the Contracting Parties. The
Community should apply these recommendations.

Article 30 of Regulation (EC) No 2791/1999 provides
for certain Articles to remain in force on an ad hoc basis
until 31 December 2002, with the Commission commit-
ting itself to submit, before 30 September 2002 at the
latest, any appropriate proposals providing for a defini-
tive regime.

(5)

Pending a proposal providing for a definitive regime, the
ad hoc application of Articles 6(3), 8, 10 and 11 should
be extended until 31 December 2005.

(1) Opinion delivered on 10 February 2004 (not yet published in the

Official Journal).

(2) OJ L 337, 30.12.1999, p. 1. Regulation as amended by Regulation

(EC) No 215/2001 (OJ L 31, 2.2.2001, p. 1).

Article 1

Regulation (EC) No 2791/1999 is amended as follows:

1.

in Article 2 the following points are added:

‘11. “fishing vessel” means

equipped for
commercial exploitation of
living aquatic resources,
including fish processing vessels and vessels engaged in
transhipment;

vessel

any

12. “transhipment operation” means the transfer, over the
side, of any quantity of fish, molluscs, crustaceans and/
from one
or
fishing vessel to another;

fishery products retained on board,

13. “joint

fishing operation” means

any operations
between two or more vessels where catch is taken
from the fishing gear of one fishing vessel to another.’

2.

in Article 4 paragraph 1 is replaced by the following:

Only Community fishing vessels which have been
‘1.
issued a special fishing permit by their flag Member state
shall be authorised, on the conditions set out in the permit,
to fish, keep on board, engage in transhipment or joint
fishing operations and land fishery resources from the Regu-
latory Area.’

3.

in Article 5(2) the following subparagraph is added:

‘By way of derogation from paragraph 1, Member States
may exempt from keeping a logbook a Community fishing
vessel engaged in transhipment operations which on-loads
quantities on board. Vessels benefiting from this derogation
shall record in a production logbook or storage plan:

(a) the date and time (UTC) of transmission of a report;

27.4.2004

EN

Official Journal of the European Union

L 123/5

(b) in case of radio transmission, the name of the radio

5.

station through which the report is transmitted;

(c) the date and time (UTC) of transhipment operation;

(d) the location (longitude/latitude) of

the transhipment

in Article 9 the following subparagraph shall be added:
‘A master of a Community fishing vessel engaged in trans-
hipment operations which on-loads quantities on board
shall not engage in other fishing activities, including joint
fishing operations, during the same trip.’

operation;

(e) the quantities of species on-loaded;

(f) the name and international radio call sign of the fishing

vessel from which the catch has been off-loaded.’

4.

in Article 6(1) points (c) and (d) are replaced by the
following:
‘(c) the quantities held on board when a vessel leaves the
Regulatory Area. These reports shall be transmitted no
earlier than eight hours and no later than sic hours in
advance of each departure from the Regulatory Area.
They shall include where appropriate, the number of
fishing days and the catches taken in the Regulatory
Area since the commencement of fishing, or since the
last catch report;

(d) the quantities loaded and unloaded for each tranship-
ment of fish and the catch taken on board in joint
fishing operations during the vessel's stay in the Regula-
tory Area. These reports shall be transmitted no later
than 24 hours after the completion of the transhipment
or joint fishing operation.’

6. Article 24 is replaced by the following:

‘Article 24

Transhipments and joint fishing operations

A master of a Community fishing vessel shall not engage in
transhipment or
fishing operations with non-
Contracting Party vessels.;’

joint

7.

in Article 30, the date ‘31 December 2002’ is replaced each
time by ‘31 December 2005’ and the date ‘30 September
2002’ is replaced by ‘30 September 2004’;

8. the Annex is replaced by the text appearing in the Annex to

this Regulation.

Article 2

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

Article 1(7) shall apply from 1 January 2003.

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

Done at Luxembourg, 21 April 2004.

For the Council

The President

J. WALSH

L 123/6

EN

Official Journal of the European Union

27.4.2004

ANNEX

‘ANNEX

REGULATED RESOURCES

Stock

(Common name)

(Scientific name)

Geographical area/ICES area

Redfish

Norwegian Spring-spawning (Atlanto-scan-
dian) herring

Sebastes mentella

Clupea harengus

V, XII, XIV

I, II

Blue whiting

Mackerel

Haddock

Micromesistius poutassou

IIa, IVa, Vb, VII, XII, XIV

Scomber scombrus

IIa, IVa, Vb, VI, VII, XII, XIV

Melanogrammus Aeglefinus

VIb’