Corrigendum to Council Regulation (EC) No 867/2004 of 29 April 2004 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 (OJ L 161, 30.4.2004)
Date: 2004-06-09
Institutions: Council of the European Union
Subjects: accession to the European Union, common fisheries policy, conservation of fish stocks, exploitation of resources, fishery management, fishery resources, fishing controls, fishing fleet

9.6.2004

EN

Official Journal of the European Union

L 206/57

Corrigendum to Council Regulation (EC) No 867/2004 of 29 April 2004 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

(Official Journal of the European Union L 161 of 30 April 2004)

Regulation (EC) No 867/2004 should read as follows:

COUNCIL REGULATION (EC) No 867/2004

of 29 April 2004

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,

(4)

Having regard to the Treaty establishing the European Com-
munity,

Having regard to the 2003 Act of Accession,
Article 24 and Annex XII thereof,

in particular

IB, C and VII

The Community's fishing opportunities in Norwegian
waters and the Norway's fishing opportunities in Com-
munity waters for 2004 are laid down provisionally in
to Regulation (EC) No
Annexes
2287/2003 (2) pending the
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 consultations in Com-
munity legislation.

conclusion of

the results of

Having regard to Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploita-
tion of
common fisheries
policy (1), and in particular Article 20 thereof,

resources under

fisheries

the

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

recommendation at

International Baltic Sea

Fisheries Commission
The
(IBSFC) adopted a
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 Com-
munity legislation order should be ensured.

(3) Within the framework of its bilateral fisheries Agreement
with the Russian Federation, Latvia has obtained an
arrangement on reciprocal access concerning cod and
sprat. These arrangements only concern the Latvian
zone of EC waters. The necessary measures should be
taken to implement these arrangements in Community
legislation.

(5)

(6)

(7)

(8)

(9)

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

In accordance with Annex XII to the 2003 Treaty of
Accession Poland is entitled to a herring quota in zones
I and II.

In accordance with the procedure provided for,
the
Agreement on fisheries between the European Economic
Community, of the one part, and the Government of
Denmark and the Home Government of
the Faroe
Islands, of the other part (3);the Community has held
consultations with the Faroe Islands on access to fishing
for Atlanto-Scandian herring in waters north of 62° N.

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 hard-
ship, 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.

(1) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation

(EC) No 639/2004 (OJ L 102, 7.4.2004, p. 9).

(2) OJ L 344, 31.12.2003, p. 1.
(3) OJ L 226, 29.8.1980, p. 12.

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Official Journal of the European Union

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(10) New information on the distribution of catches of cod
and haddock indicates that some areas of high abun-
dance 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.

(11)

(12)

(13)

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

Some calculation errors have been corrected and drafting
improvements have been made.

In order to ensure the livelihood of Community fish-
ermen, it is important that the fisheries be available as
soon as possible. Therefore, it is imperative to grant an
exception to the six-week period mentioned in para-
graph I(3) of the Protocol on the role of national Parlia-
ments in the European Union, annexed to the Treaty on

European Union and to the Treaty establishing the Euro-
pean Community.

(14)

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

HAS ADOPTED THIS REGULATION:

Article 1

IB,

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

IC,

II,

Article 2

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

Point 1 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 Luxembourg, 29 April 2004.

For the Council
The President
M. McDOWELL

9.6.2004

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Official Journal of the European Union

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

ANNEX

1. Annex IA

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

Species:

Denmark

Germany

Estonia

Finland

Latvia

Lithuania

Poland

Sweden

EC

TAC

HeClupea Harengus
rring

Zone:

III bcd (EC waters), except Management Unit 3 and Gulf of Riga

8 279

25 106

10 406 (1)

9 386

2 704 (1)

2 568

28 870

36 499

123 820

132 090

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

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

‘Species:

Estonia

Latvia

EC

TAC

Herring
Clupea harengus

Zone:

Gulf of Riga
HER/03D-RG

18 130

21 130

39 260

39 260’

(c) The entry concerning the species Cod in zone subdivisions 25 to 32 (EC waters) is replaced by the following:

‘Species:

Denmark

Germany

Estonia

Finland

Latvia

Lituania

Poland

Sweden

EC

TAC

Cod
Gadus morhua

Zone:

Subdivisions 25-32 (EC waters)
COD/25/32-

12 040 (1)

5 265 (1)

781 (1)

625 (1)

2 968 (1) (2)

1 951 (1)

9 251 (1)

8 770 (1)

41 650

45 400

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

(1) May be fished in subdivision 22-24.
(2) Of which 350 tons may be fished in the waters of the Russian Federation in zone IIId.’

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Official Journal of the European Union

9.6.2004

(d) The entry concerning the species Sprat in zone III bcd (EC waters) is replaced by the following:

‘Species:

Denmark

Germany

Estonia

Finland

Latvia

Lithuania

Poland

Sweden

EC

Russian
Federation

Sprat
Sprattus sprattus

Zone:

III bcd (EC waters)
SPR/3BCD-C

37 254

23 601

43 260

19 501

52 249

18 901

110 880

72 019

377 665

3 000 (1)

TAC

420 000

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

(1)

To be fished in the Latvian zone of EC waters, including up to 150 tonnes of by-catches of herring.’

2. Annex IB

(a) The entry concerning the species Sandeel in zone IIa, Skagerrak, Kattegat, North Sea is replaced by the following:

‘Species:

Sandeel
Ammodytidae

Zone:

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

Denmark

727 472

United
Kingdom

All Member
States

15 901

27 826 (2)

EC

771 200

Norway

45 000 (3)

Faroe Islands

20 000 (1) (4)

TAC

836 200

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

(1)
(2)
(3)
(4)

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

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Official Journal of the European Union

L 206/61

(b) The entries concerning the species Herring in zones: Skagerrak and Kattegat,

Norwegian waters south of 62 ° N

are replaced by the following:

‘Species:

Denmark

Germany

Sweden

EC

Faroe Islands

TAC

Herring (1)
Clupea harengus

Zone:

Skagerrak and Kattegat
HER/03A

29 177 (3)

467 (3)

30 521 (3)

60 164

500 (2)

70 000

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

Landed as the entire catch or sorted from the remainder of the catch.
To be taken in Skagerrak.

(1)
(2)
(3) Of which 50%, as an ad hoc measure for 2004, may be fished in the North Sea (EC waters) south of 60°N and east of 4°E.’

‘Species:

Sweden

EC

TAC

Herring
Clupea harengus

Zone:

Norwegian waters south of 62° N
HER/04-N.

1 076 (1)

1 076

Not relevant

(1)

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

(c) The entry concerning the species Cod in Norwegian waters south of 62 °N is replaced by the following:

‘Species:

Sweden

EC

TAC

Cod
Gadus morhua

Zone:

Norwegian waters south of 62° N
COD/04-N

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:

‘Species:

Belgium

Denmark

Germany

The Nether-
lands

Sweden

EC

TAC

Haddock
Melanogrammus aeglefinus

Zone:

Skagerrak and Kattegat, IIIbcd (EC waters)
HAD/3A/BCD

18

3 096

197

4

366

3 681 (1)

4 755

(1)

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

L 206/62

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Official Journal of the European Union

9.6.2004

‘Species:

Haddock
Melanogrammus aeglefinus

Zone:

IIa (EC waters), North Sea
HAD/2AC4

Belgium
Denmark
Germany
France
The Nether-
lands
Sweden
United
Kingdom
EC
Norway
TAC

625
4 300
2 736
4 769
469

303
45 773 (1)

58 975 (2)
15 391
77 000

(1) Of which 29 500 tonnes to be caught and landed by vessels holding special fishing permits under the provisions of Paragraph

17 of Annex IV.
Excluding an estimate of 2 634 tonnes of industrial by-catch.’

(2)

Sp ec i a l c onditi ons:

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

Norwegian
waters
(HAD/04-NFS)

‘EC

45 828’

‘Species:

Sweden
EC
TAC

Haddock
Melanogrammus aeglefinus

Zone:

Norwegian waters, south of 62° N
HAD/04-N

956
956
Not relevant’

(e) The entry concerning the species Northern prawn in zone Norwegian waters, south of 62 °N is replaced by the

following:

‘Species:

Denmark
Sweden
EC
TAC

Northern prawn
Pandalus borealis

Zone:

Norwegian waters, south of 62° N
PRA/04-N

900
151 (1)

1 051
Not relevant

(1)

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

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

‘Species:

Plaice
Pleuronectes platessa

Zone:

IIa (EC waters), North Sea
PLE/2AC4

Belgium
Denmark
Germany
France
The Nether-
lands
United
Kingdom
EC
Norway
TAC

3 624
11 778
3 397
680
22 649

16 761

58 889
2 111
61 000

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

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S p e c i a l c o n d i t i o n s :

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

Norwegian
waters
(PLE/04-NFS)

‘EC

30 000’

(g) The entry concerning the species Saithe in zone Norwegian waters south of 62 °N is replaced by the following:

‘Species:

Sweden

EC

TAC

Saithe
Pollachius virens

Zone:

Norwegian waters south of 62° N
POK/04-N.

1 190

1 190

190 000’

(h) The entry concerning the species Mackerel in zone IIa (EC waters), Skagerrak and Kattegat, IIIb, c,d (EC waters),

North Sea is replaced by the following:

‘Species:

Mackerel
Scomber scombrus

Zone:

IIa (EC waters), Skagerrak and Kattegat,
North Sea
MAC/2A34-

IIIb, c,d (EC waters),

Belgium

Denmark

Germany

France

The Nether-
lands

Sweden

United
Kingdom

EC

Norway

TAC

453

11 951

473

1 428

1 437

4 262 (1) (2) (3)

1 331

21 335 (1) (4) (5)

37 246 (6)

545 500 (7)

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

(1)

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.).

(2)
(3) 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 Manage-
ment 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.’

(4)

(5)

(6)

(7)

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Official Journal of the European Union

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Sp ec i a l c onditi ons:

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

IIa (non-EC waters),
VI, from 1 January
to 31 March 2004
MAC/2A6

4 020

‘IIIa
MAC/03A

IIIa, IVb, c
MAC/3A/4BC

IVb
MAC/04B

IVc

MAC/04C

Denmark

France

The Nether-
lands

Sweden

United
Kingdom

Norway

4 130

440

440

440

3 000’

340

10

(i) The entry concerning the species Common sole in zone II, North Sea is replaced by the following:

‘Species:

Belgium

Denmark

Germany

France

The Nether-
lands

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 Regu-
lation (EC) No 847/96 apply.’

(j) The entry concerning the species Other species in EC waters of zones IIa, IV, VIa north of 56 ° 30'N is replaced by

the following:

‘Species:

Other species

Zone:

EC waters of zones IIa, IV, VIa north of 56° 30°N
OTH/2A46AN

EC

Not subject to restriction

Norway

Faroe Islands

5 000 (1)

400 (2)

TAC

Not relevant

(1)
(2)

Limited to IIa and IV. Includes fisheries not specifically mentioned; of which up to 350 tonnes of sole may be fished.
Limited to by-catches of whitefish in IV and VIa.’

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(k) All footnotes with the text ‘Provisional quota, pending the conclusion of fisheries consultations with Norway for

2004’ are deleted.

3. Annex IC

(a) The entry concerning the species Herring in zone I, II (EC waters and international waters) is replaced by the

following:

‘Species:

Belgium

Denmark

Germany

Spain

France

Ireland

The Nether-
lands

Poland

Portugal

Finland

Sweden

United
Kingdom

EC

Faroe Islands

Herring
Clupea harengus

Zone:

I, II (EC waters and international waters)
HER/1/2

25

24 946

4 368

82

1 076

6 458

8 927

1 262

82

386

9 244

15 948

72 804

6 997 (1)

TAC

Not relevant

(1) May be fished in EC waters.’

S p e c i a l c o n d i t i o n s :

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

‘II, Vb north of 62° N (Faroes waters)
HER/2A5B-F

Belgium

Denmark

Germany

Spain

France

Ireland

The Netherlands

Poland

Portugal

Finland

Sweden

United Kingdom

2

2 398

420

8

103

621

858

121

8

37

888

1 533’

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Official Journal of the European Union

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(b) The entry with the species Cod in zone I, II (Norwegian waters) is replaced by the 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 (1)

486 000

(1) Quota to be reviewed following the adoption of the Protocol modifying the fourth Protocol laying down the conditions relating

to the Agreement on fisheries between the Community and Greenland.’

(c) The entry concerning the species Capelin in zone V, XIV (Greenland waters) shall be replaced by the following:

‘Species:

Capelin
Mallotus villosus

Zone:

V, XIV (Greenland waters)
CAP/514GRN

All Member
States

EC

TAC

40 985

95 985 (1)

Not relevant

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

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

‘Species:

Germany

France

United
Kingdom

EC

TAC

Haddock
Melanogrammus aeglefinus

Zone:

I, II (Norwegian waters)
HAD/1N2AB-

428

257

1 315

2 000

Not relevant’

(e) The entry concerning the species Northern prawn in zone V, XIV (Greenland waters) is replaced by the following:

‘Species:

Denmark

France

EC

TAC

Northern prawn
Pandalus borealis

Zone:

V, XIV (Greenland waters)
PRA/514GRN

848

848

5 675 (1)

Not relevant

(1) Of which 2 830 tonnes are allocated to Norway and 1 150 tonnes to the Faroe Islands.’

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(f) The entry concerning the species Greenland halibut in zone V, XIV (Greenland waters) is replaced by the following:

‘Species:

Germany
United
Kingdom
EC
TAC

Greenland halibut
Reinhardtius hippoglossoides

Zone:

V, XIV (Greenland waters)
GHL/514GRN

4 037
213

4 800 (1)
Not relevant

(1) Of which 400 tonnes are allocated to Norway and 150 tonnes are allocated to the Faroe Islands. Quota to be reviewed
following the adoption of the Protocol modifying the fourth Protocol laying down the conditions relating to the Agreement on
fisheries between the Community and Greenland.’

(g) The entry concerning the species Mackerel in zone IIa (Norwegian waters) shall be replaced by the following:

‘Species:

Denmark
EC
TAC

Mackerel
Scomber scombrus

Zone:

IIa (Norwegian waters)
MAC/02A-N

11 100 (1)
11 100 (1)
Not relevant

(1) May also be fished in subarea IV (Norwegian waters) and in division IIa (non-EC waters).’

(h) The entry concerning the species Redfish in zone V, XIV (Greenland waters) is replaced by the following:

‘Species:

Germany
France
United
Kingdom
EC
TAC

Redfish
Sebastes spp.

Zone:

V, XIV (Greenland waters)
RED/514GRN

19 533
99
138

25 500 (1) (2) (3)

Not relevant

(1) A maximum of 20 000 tonnes may be fished by pelagic trawl. Catches from the bottom trawl fishery and the pelagic trawl

(2)
(3)

fishery shall be reported separately. May be fished East or West.
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 sepa-
rately.’

(i) All footnotes with the text ‘Provisional quota, pending the conclusion of fisheries consultations with Norway for

2004’ are deleted.

4. Annex II

The entry concerning the species Herring in zone IIa (EC waters), North Sea, VIId is replaced by the following:

‘Species:

Herring
Clupea harengus

Zone:

IIa(EC waters), North Sea, VIId
HER/2A47DX

Belgium
Denmark
Germany
France
The Nether-
lands
Sweden
United
Kingdom
EC
TAC

Notes:

214
41 356
214
214
214

202
786

43 200
43 200

(1) By-catches of herring taken in fisheries for species other than herring and landed unsorted.’

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5. Annex IV

(a) The following point 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 the West of Scotland

(a) Until 31 December 2004, it shall be prohibited to conduct any fishing 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, pilchard/sardine, sardinelles, sprat and

argentines are retained on board.’

(d) In point 17:

(i) 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 ICES rectangles 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 following section is inserted:

(e) ‘ A Member State may record haddock catches caught in the period 1 January 2004 to 21 April 2004 on the

basis of whether they were taken inside or outside the area defined in sub-point (a).’

(e) The following point 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.

9.6.2004

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Official Journal of the European Union

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(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 Regulation (EC) No 850/98 and the marketing standards
adopted pursuant to Article 2 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common
organisation of the market in fishery and aquaculture products, or

they are sold directly for purposes other than human consumption.’

(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

Mesh size range (millimetres)

‘Species

<16

16-31

32-69

32-69

35-69

70-89
(5)

≥90

Minimum percentage of target species

50 % (6)

50 % (6)

20 % (6)

50 % (6)

20 % (6)

20 % (7)

30 % (8)

none

Sandeel (Ammodytidae) (3)

x

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.)

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

L 206/70

EN

Official Journal of the European Union

9.6.2004

Mesh size range (millimetres)

‘Species

<16

16-31

32-69

32-69

35-69

70-89
(5)

≥90

Minimum percentage of target species

50 % (6)

50 % (6)

20 % (6)

50 % (6)

20 % (6)

20 % (7)

30 % (8)

none

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 norve-
gicus)

All other marine organisms

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

(1) Only within four miles from the baselines
(2) Outside four miles from the baselines.
(3)
(4)
(5) When applying this mesh size range the codend and the extension piece shall be constructed of square meshed netting.
(6)

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.

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 6 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole,
turbot, brill, flounder, megrim, dab, saithe and lobster.’

(7)

(8)

6. Annex VII, parts I and II are 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

Number of licences

Norwegian waters and
fishery zone around Jan
Mayen

Herring, north of 62° 00'N

Demersal species, north of 62° 00'N

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

Mackerel, south of 62° 00'N, trawl fishery

75

80

11

19

Maximum number of
vessels present at any
time

55

50

not relevant

not relevant

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

11 (1)

not relevant

Industrial species, south of 62° 00'N

480

150

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Official Journal of the European Union

L 206/71

‘Area of fishing

Fishery

Number of licences

Maximum number of
vessels present at any
time

Waters of the Faroe
Islands

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

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

Trawling outside 21 miles from the
Faroese baselines. In 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.

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

Waters of the Russian
Federation

All fisheries

Fisheries for cod

Fisheries for sprat

26

8

70

13

4

26

70

20

70

34

10

12

21

18

pm

7 (2)

pm

22

20

6

12

21

5

pm

pm

pm

To be selected from the 11 licences for purse seine fishery for mackerel South of 62° 00'N.

(1)
(2) Applies only to vessels flaying the flag of Latvia.’

L 206/72

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Official Journal of the European Union

9.6.2004

Quantitative limitations of licences and fishing permits for third country vessels in Community waters

PART II

‘Flag State

Fishery

Number of licences

Maximum number of
vessels present at any
time

Norway (1)

Herring, North of 62° 00'N

Faroe Islands

Mackerel, VIa (north of 56° 30'N), VIIe,
f,h, horse mackerel, IV, VIa (north of 56°
30'N), VIIe, f,h; herring, VIa (north of 56°
30'N)

Herring north of 62 °00'N

Herring, IIIa

Industrial fishing for Norway pout and
sprat, IV, VIa (north of 56° 30'N): sandeel,
IV (including unavoidable by-catches of
blue whiting)

Ling and tusk

Blue whiting, VIa (north of 56° 30'N), VIb,
VII (west of 12° 00'W)

Blue ling

Porbeagle (all zones except NAFO 3PS)

Russian Federation

Herring, IIId (Swedish waters)

Herring, IIId (Swedish waters, non-fishing
mother ships)

Sprat

Barbados

Penaeus shrimps (3) (French Guiana waters)

Snappers (5) (French Guiana waters)

Guyana

Penaeus shrimps (3) (French Guiana waters)

Surinam

Penaeus shrimps (3) (French Guiana
waters)

18

14

21

4

15

20

20

16

3

pm

pm

4 (2)

5

5

pm

5

18

14

21

4

15

10

20

16

3

pm

pm

pm

pm (4)

pm

pm (4)

pm (6)

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Official Journal of the European Union

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‘Flag State

Fishery

Number of licences

Trinidad and Tobago

Penaeus shrimps (3) (French Guiana
waters)

Japan

Korea

Tuna (8) (French Guiana waters)

Tuna (8) (French Guiana waters)

Venezuela

Snappers (5) (French Guiana waters)

Sharks (5) (French Guiana waters)

8

pm

pm

41

4

Maximum number of
vessels present at any
time

pm (7)

pm (7)

pm

pm

Pending the conclusion of fisheries consultations with Norway for 2004

(1)
(2) Applies only to the Latvian zone of EC waters.
(3)

The licences concerning fishing for shrimp in the waters of the French Department of Guiana shall be issued on the basis of a
fishing plan submitted by the authorities of the third country concerned, approved by the Commission. The period of validity of
each of these licences shall be limited to the fishing period provided for in the fishing plan on the basis of which the licence was
issued.
The annual number of days at sea is limited to 200.
To be fished exclusively with long lines or traps (snappers) or long lines or mesh nets having a minimum mesh of 100 mm, at
depths greater than 30 m (sharks). To issue these licences, proof must be produced that a valid contract exists between the ship-
owner applying for the licence and a processing undertaking situated in the French Department of Guiana, and that it includes and
obligation to land at least 75 % of all snapper catches, or 50 % of all shark catches from the vessel concerned in that department so
that they may be processed in that undertaking's plant.The contract referred to above must be endorsed by the French authorities,
which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objec-
tives for the development of the Guianese economy.A copy of the duly endorsed contract shall be appended to the licence applica-
tion. Where the endorsement referred to above is refused, the French authorities shall give notification of this refusal and state their
reasons for it to the party concerned and to the Commission.
The annual number of days at sea is limited to pm.
The annual number of days at sea is limited to 350.
To be fished exclusively with longlines.’

(4)
(5)

(6)
(7)
(8)