Council Regulation (EC) No 2269/2004 of 20 December 2004 amending Regulations (EC) Nos 2340/2002 and 2347/2002 as concerns fishing opportunities for deep sea species for the new Member States which acceded in 2004
Date: 2004-12-20
Institutions: Council of the European Union
Subjects: accession to the European Union, authorised catch, catch quota, conservation of fish stocks, fishery management, fishing area, fishing regulations

31.12.2004

EN

Official Journal of the European Union

L 396/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2269/2004

of 20 December 2004

amending Regulations (EC) Nos 2340/2002 and 2347/2002 as concerns fishing opportunities for
deep sea species for the new Member States which acceded in 2004

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to the Act concerning the conditions of accession
of the Czech Republic, the Republic of Estonia, the Republic of
Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic and
the adjustments to the Treaties on which the European Union is
founded (‘2003 Act of Accession’) (1), and in particular Article
57(2) thereof,

Having regard to the proposal of the Commission,

Whereas:

(1)

(2)

In the 2003 Act of Accession no adaptation was made to
Council Regulation (EC) No 2340/2002 of 16 December
2002 fixing for 2003 and 2004 the fishing opportunities
for deep-sea fish stocks (2) to allocate fishing opportu-
nities for deep sea species to the new Member States.
It is therefore necessary to allocate such fishing opportu-
nities for 2004 to the Member States which acceded in
2004 taking into account
fishing patterns similar to
those used in 2002, in order to allow the fishermen of
these Member States to continue their activities.

The allocation of fishing opportunities should not lead to
the result that catches legally taken before 1 May 2004
are liable to quota deductions under Article 23(1) of
Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the
common fisheries policy (3), Article 5 of Council Regu-
lation (EC) No 847/96 of 6 May 1996 introducing addi-
tional conditions for year to year management of TACs
and quotas (4) or Article 26 of Regulation (EC) No
2371/2002 of 20 December 2002 on the conservation
and sustainable exploitation of fisheries resources under
the Common Fisheries Policy (5).

(1) OJ L 236, 23.9.2003, p. 1.
(2) OJ L 356, 31.12.2002, p. 1.
(3) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

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.

Council Regulation (EC) No 2347/2002 of 16 December
2002 establishing specific access requirements and asso-
ciated conditions applicable to fishing for deep sea
stocks (6) lays down power and capacity ceilings on the
fishing fleet that may land significant quantities of deep
sea species, and determines a reference period for estab-
lishing those ceilings, namely the three years prior to its
entry into force. It is necessary that the reference period
the
for establishing those ceilings take into account
recent years in order to allow the fishermen of
the
Member States which acceded in 2004 to continue
their activities.

(4) With a view to allow the application of Regulations (EC)
Nos 2340/2002 and 2347/2002 to the Member States
which acceded in 2004 as from the date of Accession, it
is imperative that this Regulation enters into force on
1 May 2004.

(5)

Regulations (EC) Nos 2340/2002 and 2347/2002 should
therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2340/2002 is hereby amended as follows:

1.

the following Article shall be inserted:

‘Article 3a

1.
The catches between 1 January and 1 May 2004 taken
by vessels from the Member States which acceded on 2004
shall be counted against the quotas laid down in Annex I.

Not later than 15 days after the date of publication of
2.
the European
this Regulation in the Official
Union the Member States referred to in paragraph 1 shall
notify the Commission of
their catches
between 1 January and 1 May 2004.’;

the amount of

Journal of

(6) OJ L 351, 28.12.2002, p. 6.

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Official Journal of the European Union

31.12.2004

2.

the following Article 4a shall be inserted:

Article 2

‘Article 4a

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 of 20 December 2002 on the conser-
vation and sustainable exploitation of
fisheries resources
under the Common Fisheries Policy (*) shall not apply to
catches taken before 1 May 2004 in excess of the quota
determined in Annex I to this Regulation by vessels from
the Member States which acceded in 2004.
___________
(*) OJ L 358, 31.12.2002, p. 59.’;

In Article 4 of Regulation (EC) No 2347/2002 the following
paragraph shall be added:

‘3.
By way of derogation from paragraph 1, the Member
States which acceded in 2004 shall calculate the aggregate
power and the aggregate volume of
in
any one of the years 2000, 2001 or 2002, have landed more
than 10 tonnes of any mixture of deep-sea species. These
aggregate values shall be communicated to the Commission.’.

their vessels which,

Article 3

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

3. Annex I shall be amended in accordance with the Annex to

this Regulation.

It shall apply from 1 May 2004.

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

Done at Brussels, 20 December 2004.

For the Council
The President

P. VAN GEEL

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Official Journal of the European Union

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Annex I to Regulation (EC) No 2340/2002 shall be amended as follows:

ANNEX

1. the entry concerning the species Black Scabbardfish in Zone V, VI, VII, XII shall be replaced by the following:

Zone:

V, VI, VII, XII (Community waters and waters
not under the sovereignty or jurisdiction of
third countries)

(1) Exclusively for by-catches. No directed fisheries are permitted

under this quota.’

‘5. Species:

Black scabbardfish
Aphanopus carbo

Germany
Estonia
Spain
France
Ireland
Latvia
Lithuania
Poland
United Kingdom
Others (1)
EC

37
32
185
2 600
93
207
2
2
185
10
3 353

2. the entry concerning the species Roundnose Grenadier in Zone Vb, VI, VII shall be replaced by the following:

Zone:

Vb, VI, VII (Community waters and waters not
under the sovereignty or jurisdiction of third
countries)

(1) Exclusively for by-catches. No directed fisheries are permitted

under this quota.’

‘23. Species:

Roundnose grenadier
Coryphaenoides rupestris

Germany
Estonia
Spain
France
Ireland
Latvia
Lithuania
Poland
United Kingdom
Others (1)
EC

10
78
86
4 396
346
0
101
51
258
10
5 336

3. The entry concerning the species Blue Ling in Zone VI, VII shall be replaced by the following:

Zone:

VI, VII
(Community waters and waters not
under the sovereignty or jurisdiction of third
countries)

(1) Exclusively for by-catches. No directed fisheries are permitted

under this quota.’

‘31. Species:

Blue ling
Molva dypterygia

Germany
Estonia
Spain
France
Ireland
Lithuania
Poland
United Kingdom
Others (1)
EC

39
6
122
2 788
10
2
1
709
10
3 687