Council Regulation (EC) No 1811/2004 of 11 October 2004 amending Regulation (EC) No 2287/2003 as concerns the number of days at sea for vessels fishing for haddock in the North Sea and the use of bottom trawls in waters around the Azores, the Canary Islands and Madeira
Date: 2004-10-11
Institutions: Council of the European Union
Subjects: Azores, Canary Islands, Madeira, North Sea, fishery management, fishing regulations

20.10.2004

EN

Official Journal of the European Union

L 319/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1811/2004

of 11 October 2004

amending Regulation (EC) No 2287/2003 as concerns the number of days at sea for vessels fishing
for haddock in the North Sea and the use of bottom trawls in waters around the Azores, the
Canary Islands and Madeira

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

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

resources under

fisheries

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

for

the

reports of

International Council

According to recent scientific reports, and in particular
the
the
Exploration of
the Sea (ICES), highly sensitive deep-
water habitats have been found and mapped in the
Atlantic. Those habitats host
important and highly
diverse biological communities and are considered to
require priority protection.
they are
defined as habitats of Community interest in Council
Directive 92/43/EC of 21 May 1992 on the conservation
of natural habitats and of wild fauna and flora (2).
Furthermore, deep-water coral reefs have recently been
included in a
in the
framework of the Convention for the Protection of the
Marine Environment of the North-East Atlantic (OSPAR
Convention).

endangered habitats

In particular,

list of

According to scientific evidence, recovery from damage
to these habitats produced by trawl gear towed through
the bottom is either impossible or very difficult and slow.
The waters around the Azores, the Canary Islands and
Madeira contains several known or potential deep-water
habitats that have until recently been preserved from
trawling. It is therefore appropriate to prohibit the use

(3)

(4)

of bottom trawls and similar gear in waters around the
Azores,
the Canary Islands and Madeira where these
habitats are still in a favourable conservation status.

New scientific information indicates that the catches of
cod taken in fisheries carried out under the conditions
specified in point 17 of Annex IV 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,
for Community
applicable in Community waters and,
vessels,
are
limitations
in waters where
required (3) are likely to be low, and consequently these
fisheries pose little additional risk to cod recovery. An
increase in the number of days fishing for haddock is
therefore justified.

catch

the

to ensure

livelihood of Community
In order
fishermen, 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 paragraph
I(3) of the Protocol on the role of national Parliaments in
the European Union, annexed to the Treaty on European
Union and to the Treaty establishing the European
Community.

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2287/2003 is hereby amended as follows:

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

1. In Annex IV the following point is added:

(3) OJ L 344, 31.12.2003, p. 1. Regulation as last amended by Regu-

lation (EC) No 1691/2004 (OJ L 305, 1.10.2004, p. 3).

L 319/2

EN

Official Journal of the European Union

20.10.2004

‘19. Trawling ban in waters around the Azores, the

Canary Islands and Madeira

Vessels shall be prohibited from using any bottom
trawl or similar towed nets operating in contact with
the bottom of the sea in waters under the sovereignty
or the jurisdiction of Member States within the areas
bounded by a line joining the following coordinates:

(a) Azores

Latitude 36° 00′ N
Latitude 42° 00′ N
Latitude 42° 00′ N
Latitude 36° 00′ N

longitude 23° 00′ W
longitude 23° 00′ W
longitude 34° 00′ W
longitude 34° 00′ W

(b) Canary Islands and Madeira

Latitude 27° 00′ N
Latitude 26° 00′ N
Latitude 29° 00′ N
Latitude 36° 00′ N
Latitude 36° 00′ N

longitude 19° 00′ W
longitude 15° 00′ W
longitude 13° 00′ W
longitude 13° 00′ W
longitude 19° 00′ W’.

referred to in point 4a”, Member States may increase
the maximum days present within the area and absent
from port to 12 for vessels fitted with VMS and holding
special
fishing permits, referred to in point 17(b) of
Annex IV, that are valid one calendar month or more.

Such vessels

— shall notify national authorities of the place and time
at which any landings of fish will be made at least
four hours before such a landing occurs,

— may only aggregate days as laid down in point (b) for
the period that a special fishing permit, referred to in
point 17(b) of Annex IV,
inter-
ruption,

is held without

— may only transfer days as referred to in point 10 to
vessels that benefit from an increase of the fishing
days in accordance with this point.’.

2. In Annex V the following is added in point 6:

Article 2

‘(g) By way of derogation from the number of days referred
fishing gears

“Grouping of

(a), Table I,

to in point

This Regulation shall enter into force on the third day following
that of
the European
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, 11 October 2004.

For the Council
The President

B. R. BOT