Commission Regulation (EC) No 1645/2004 of 20 September 2004 amending Regulation (EC) No 2287/2003 as concerns fishing opportunities for capelin in Greenland waters
Date: 2004-09-20
Institutions: European Commission
Subjects: Greenland, authorised catch, catch quota, fishing area, fishing regulations, fishing rights

21.9.2004

EN

Official Journal of the European Union

L 296/3

COMMISSION REGULATION (EC) No 1645/2004

of 20 September 2004

amending Regulation (EC) No 2287/2003 as concerns fishing opportunities for capelin in Greenland
waters

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2287/2003 of 19
December 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 catch limitations are required (1), and in
particular Article 5(3) thereof,

The reduction of the TAC should not lead to the result
that catches legally taken before the entry into force of
the present Regulation are liable to quota deductions
under Article 23 (1) of Council Regulation (EEC) No
2847/93 (3), Article 5 of Council Regulation (EC) No
847/96 (4) or Article 26 of Council Regulation (EC) No
2371/2002 (5).

(5)

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

The Community’s fishing opportunities for capelin in
zones V and XIV (Greenland waters) for 2004 are laid
down provisionally in Annex IC to Regulation (EC) No
2287/2003.

Under the Fourth Protocol
laying down the conditions
relating to fishing provided for in the Agreement on
fisheries between the European Economic Community,
on the one hand, and the Government of Denmark
and Home Rule Government of Greenland, on the
other (2), the Community receives 7,7 % of the of the
total allowable catch (TAC) for capelin in zones V and
XIV (Greenland waters), which corresponds to 70 % of
the Greenland share of the TAC.

the Greenland authorities
By letter of 9 July 2004,
informed the Commission that the TAC for capelin for
2004 has been fixed at 335 000 tonnes. The final fishing
opportunities for capelin for
the Community during
2004 should therefore be fixed at 25 795 tonnes in
zones V and XIV (Greenland waters).

Article 1

Annex IC to Regulation (EC) No 2287/2003 is amended in
accordance with the Annex to this Regulation.

Article 2

Article 23(1) of Regulation (EEC) No 2847/93, Article 5 of
Regulation (EC) No 847/96 and Article 26 of Regulation (EC)
No 2371/2002 shall not apply to catches of capelin taken in
zone V and XIV (Greenland waters) before the entry into force
of this Regulation which are in excess of the quota determined
in Annex IC to Regulation (EC) No 2287/2003 as amended by
this Regulation.

Article 3

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 20 September 2004.

For the Commission

Franz FISCHLER
Member of the Commission

(1) OJ L 344, 31.12.2003, p. 1. Regulation as amended by Regulation

(3) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

(EC) No 867/2004 (OJ L 161, 30.4.2004, p.144).

(2) OJ L 209, 2.8.2001, p. 2. Protocol as amended by Protocol (OJ L

237, 8.7.2004, p.1).

lation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

(4) OJ L 115, 9.5.1996, p. 3.
(5) OJ L 358, 31.12.2002, p. 59.

L 296/4

EN

Official Journal of the European Union

21.9.2004

In Annex IC to Regulation (EC) No 2287/2003, the entry concerning the species Capelin in zones V and XIV (Greenland
waters) is replaced by the following:

ANNEX

‘Species: Capelin

Mallotus villosus

All Member States
EC

TAC

0 (1)
25 795 (2)

Not relevant

Zone: V, XIV (Greenland waters)

CAP/514/GRN

(1) Available to all Member States.
(2) This quota is entirely allocated to the Faeroe Islands, Iceland and Norway through bilateral fisheries agreements.’