Council Regulation (EC) No 2270/2004 of 22 December 2004 fixing for 2005 and 2006 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks
Date: 2004-12-22
Institutions: Council of the European Union
Subjects: common fisheries policy, conservation of fish stocks, fishery resources, fishing controls, fishing fleet

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Official Journal of the European Union

31.12.2004

COUNCIL REGULATION (EC) No 2270/2004

of 22 December 2004

fixing for 2005 and 2006 the fishing opportunities for Community fishing vessels for certain deep-
sea fish stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) 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 of the Commission,

Whereas:

(1)

(2)

(3)

Under Article 4 of Regulation (EC) No 2371/2002 the
Council is to establish the measures necessary to ensure
access to waters and resources and the sustainable pursuit
inter alia,
fishing activities
of
available scientific advice.

taking into account,

Under Article 20 of Regulation (EC) No 2371/2002, it is
incumbent upon the Council to establish fishing oppor-
tunities by fishery or group of fisheries and to allocate
them in accordance with prescribed criteria.

The latest scientific advice from the International Council
for the Exploration of the Sea (ICES) concerning certain
stocks of fish found in the deep sea indicates that those
stocks are harvested unsustainably, and that
fishing
opportunities for those stocks should be reduced in
order to assure their sustainability.

(5)

(6)

(7)

(8)

(9)

heavily depleted, and areas of vulnerable aggregations of
these species have been identified. It is therefore appro-
priate to prohibit fishing for orange roughy in those
areas.

The Community is a contracting party to the North-East
Atlantic Fisheries Convention, which has recommended a
limitation on the fishing effort deployed to catch certain
deep-sea species. That recommendation should therefore
be implemented by the Community.

In order to ensure effective management of quotas, the
specific conditions under which fishing operations occur
should be established.

In accordance with Article 2 of Council Regulation (EC)
No 847/96 of 6 May 1996 introducing additional
conditions for year-to-year management of TACs and
quotas (2),
it is necessary to indicate which stocks are
subject to the various measures fixed therein.

Scientific advice from ICES concerning most of the deep-
sea species indicates that fishing effort should be reduced.
In the absence of specific measures limiting the activity
is therefore
of vessels fishing for deep-sea species,
appropriate to adjust available effort by adjusting the
power and capacity of the fishing fleet in accordance
with the scientific advice.

it

The measures provided for in this Regulation should be
fixed by reference to ICES zones as defined in Council
Regulation (EEC) No 3880/91 of 17 December 1991 on
the submission of nominal catch statistics by Member
fishing in the Northeast Atlantic (3) and to
States
CECAF zones (Committee for Eastern Central Atlantic
in Council Regulation (EC)
Fisheries)
No 2597/95 of 23 October 1995 on the submission
of nominal catch statistics by Member States fishing in
certain areas other than those of the North Atlantic (4).

defined

as

(4)

The ICES has further advised that the exploitation rate of
orange roughy in ICES Area VII is far too high. Scientific
advice further indicates that orange roughy in Area VI is

(1) OJ L 358, 31.12.2002, p. 59.

(2) OJ L 115, 9.5.1996, p. 3.
(3) OJ L 365, 31.12.1991, p. 1. Regulation 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).

(4) OJ L 270, 13.11.1995, p. 1. Regulation as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council.

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(10)

(11)

be

fishing

should

utilised

opportunities

in
The
accordance with the Community legislation on the
matter, and in particular with Commission Regulation
(EEC) No 1381/87 of 20 May 1987 establishing
detailed rules concerning the marking and documen-
fishing vessels (1), Council Regulation (EEC)
tation of
No 2807/83 of 22 September 1983 laying down
detailed rules for
recording information on Member
States' catches of fish (2), Council Regulation (EEC) No
2847/93 of 12 October 1993 establishing a control
system applicable to the common fisheries policy (3),
Council Regulation (EC) No 88/98 of 18 December
1997 laying down certain technical measures for the
conservation of fishery resources in the waters of the
Baltic Sea, the Belts and the Sound (4), Council Regulation
(EC) No 1627/94 of 27 June 1994 laying down general
fishing permits (5) and
provisions concerning special
Council Regulation (EC) No 850/98 of 30 March 1998
through
for
technical measures for the protection of
juveniles of
marine organisms (6).

fishery resources

conservation of

the

the

to ensure

livelihood of Community
In order
fishermen, it is important to open these fisheries on 1
January 2005. Given the urgency of the matter,
it is
imperative to grant an exception to the six-week period
referred to 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 Treaties
establishing the European Communities,

HAS ADOPTED THIS REGULATION:

Regulation (EC) No 2347/2002 of 16 December 2002 estab-
lishing specific access requirements and associated conditions
applicable to fishing for deep-sea stocks (7).

The definitions of ICES and CECAF zones are those given,
in Regulation (EEC) No 3880/91 and Regulation

2.
respectively,
(EC) No 2597/95.

Article 3

Fixing of fishing opportunities

Fishing opportunities
Community vessels are fixed as set out in the Annex.

stocks of deep-sea

for

species

for

Article 4

Allocation among Member States

The allocation of fishing opportunities among Member States
provided for in the Annex shall be without prejudice to:

(a) exchanges made pursuant to Article 20(5) of Regulation

(EEC) No 2371/2002;

(b) reallocations made pursuant to Articles 21(4) and 32(2) of
Regulation (EEC) No 2847/93 and Article 23(4) of Regu-
lation (EC) No 2371/2002;

Article 1

Subject matter

(c) additional landings allowed pursuant to Article 3 of Regu-

lation (EC) No 847/96;

This Regulation fixes for 2005 and for 2006, for stocks of
deep-sea species and for Community fishing vessels, annual
fishing opportunities in zones in Community waters and in
certain non Community waters where catch limitations are
required, and the specific conditions under which fishing oppor-
tunities may be utilised.

Article 2

Definitions

For the purposes of

‘deep-sea fishing
1.
permit’ means the fishing permit referred to in Article 3 of

this Regulation,

(d) quantities withheld pursuant to Article 4 of Regulation (EC)

No 847/96;

(e) deductions made pursuant to Article 5 of Regulation (EC)
No 847/96 and Article 23(4) of Regulation (EC) No
2371/2002.

Article 5

Quota flexibility

(1) OJ L 132, 21.5.1987, p. 9.
(2) OJ L 276, 10.10.1983 p. 1. Regulation as last amended by
Commission Regulation (EC) No 1965/2001 (OJ L 268, 9.10.2001,
p. 23).

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

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

(4) OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation

(EC) No 812/2004 (OJ L 150, 30.4.2004, p. 12).

(5) OJ L 171, 6.7.1994, p. 7.
(6) OJ L 125, 27.4.1998, p. 1. Regulation as

last amended by

For the purposes of Regulation (EC) No 847/96, all quotas in
the Annex to this Regulation shall be considered ‘Analytic’
quotas.

However, the measures provided for in Article 5(2) of Regu-
lation (EC) No 847/96 shall not apply to those quotas.

Regulation (EC) No 602/2004 (OJ L 97, 1.4.2004, p. 30).

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

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Article 6

Conditions for landing catch and by-catch

Fish from stocks for which fishing opportunities are fixed by
this Regulation may be retained on board or landed only if they
were taken by vessels of a Member State which has a quota
which is not exhausted. All
landings shall count against the
quota.

The first subparagraph shall not apply to catches taken in the
course of scientific investigations carried out under Regulation
(EC) No 850/98, which shall not count against the quota.

Article 7

Orange Roughy

The Orange Roughy Protection Areas are defined as the

1.
following sea areas:

(a)

that sea area enclosed by rhumb lines sequentially joining
the following positions:

57° 00′ N, 11° 00′ W
57° 00′ N, 8° 30′ W
56° 23′ N, 8° 30′ W
55° 00′ N, 9° 38′ W
55° 00′ N, 11° 00′ W
57° 00′ N, 11° 00′ W

(b) that sea area enclosed by rhumb lines sequentially joining

the following positions:

55° 30′ N, 15° 49′ W
53° 30′ N, 14° 11′ W
50° 30′ N, 14° 11′ W
50° 30′ N, 15° 49′ W

(c)

that sea area enclosed by rhumb lines sequentially joining
the following positions:

55° 00′ N, 13° 51′ W
55° 00′ N, 10° 37′ W
54° 15′ N, 10° 37′ W

53° 30′ N, 11° 50′ W
53° 30′ N, 13° 51′ W

Those positions and the corresponding rhumb lines and
shall be measured according to the
vessel positions
WGS84 standard.

2. Member States shall ensure that vessels holding a deep-sea
fishing permit shall be properly monitored by the Fisheries
(FMC), which shall have a system to
Monitoring Centres
detect and record the vessels’ entry into, transit through and
exit from the areas defined in paragraph 1.

Vessels holding a deep-sea fishing permit

that have
3.
entered the areas defined in paragraph 1 shall not retain on
board or tranship any quantity of orange roughy, nor land any
quantity of orange roughy at the end of that fishing trip unless:

— all gears carried on board are lashed and stowed during the
transit in accordance with conditions laid down in Article
20(1) of Regulation (EEC) No 2847/93

— the average speed during transit is not less than 8 knots.

Article 8

Effort

limitations

and associated conditions

for

the

management of stocks

Each Member State shall ensure that for 2005 the fishing effort
levels, measured in kilowatt days absent from port, by vessels
holding deep-sea fishing permits do not exceed 90 % of the
fishing effort deployed by its vessels in 2003 on trips when
deep-sea fishing permits were held and deep sea species, as
listed in Annex I and Annex II to Council Regulation (EC) No
2347/2002, excluding greater silver smelt, were caught.

Article 9

Entry into force

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

It shall apply as from 1 January 2005.

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

Done at Brussels, 22 December 2004.

For the Council
The President

C. VEERMAN

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ANNEX

Part 1

Definition of Species and Species Groups

Within each area fish stocks are referred to following the alphabetical order of the Latin names of the species. A table of
correspondences of common names and Latin names is given below for the purposes of this Regulation:

Common name

Scientific name

Black scabbardfish

Alfonsinos

Tusk

Roundnose grenadier

Orange roughy

Blue ling

Forkbeards

Red seabream

Aphanopus carbo

Beryx spp.

Brosme brosme

Coryphaenoides rupestris

Hoplostethus atlanticus

Molva dypterygia

Phycis blennoides

Pagellus bogaraveo

Where reference is made to ‘deep sea sharks’, this shall refer to sharks in the following list of species: Portuguese dogfish
(Centroscymnus coelolepis), Leafscale gulper shark (Centrophorus squamosus), Birdbeak dogfish (Deania calceus), Kitefin shark
(Dalatias licha), Greater lanternshark (Etmopterus princeps), Velvet belly (Etmopterus spinax), Black dogfish (Centroscyllium
fabricii), Gulper shark (Centrophorus granulosus), Blackmouth dogfish (Galeus melastomus), Mouse catshark (Galeus murinus),
Iceland catshark (Apristuris spp.).

Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species
and by area (in tonnes live weight).

Part 2

All references are to ICES sub-areas unless otherwise stated.

Species:

Deep Sea Sharks

Zone:

V, VI, VII, VIII, IX (Community waters and
international waters)

Germany
Spain
Estonia
France
Ireland
Lithuania
Poland
Portugal
United Kingdom
EC

161
767
10
2 775
448
10
10
1 044
1 538
6 763

Species:

Deep Sea Sharks

Zone:

X (Community waters and international
waters)

Portugal
EC

14
14

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Zone:

XII (Community waters and international
waters)

Species:

Deep Sea Sharks and
Deania histricosa and
Deania profondorum

Spain
France
Ireland
United Kingdom
EC

169
54
10
10
243

Species:

Black scabbardfish
Aphanopus carbo

Zone:

I, II, III, IV (Community waters and inter-
national waters)

Germany
France
United Kingdom
EC

10
10
10
30

Species:

Black scabbardfish
Aphanopus carbo

Zone:

V, VI, VII, XII
international waters)

(Community waters and

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

under this quota.

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

35
173
17
2 433
87
113
1
1
173
9
3 042

Species:

Spain
France
Portugal
EC

Species:

Portugal
EC

Species:

Black scabbardfish
Aphanopus carbo

Zone:

VIII, IX, X (Community waters and inter-
national waters)

13
31
3 956
4 000

Black scabbardfish
Aphanopus carbo

Zone:

CECAF 34.1.2.
international waters)

(Community waters and

4 285
4 285

Alfonsinos
Beryx spp.

Zone:

IV, V, VI, VII, VIII,
and

III,
(Community waters
waters)

IX, X, XII
international

Spain
France
Ireland
Portugal
United Kingdom
EC

74
20
10
214
10
328

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Species:

Tusk
Brosme brosme

Zone:

I, II, XIV (Community waters and interna-
tional waters)

Germany
France
United Kingdom
Others (1)
EG

10
10
10
5
35

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

under this quota.

Species:

Denmark
Sweden
Germany
EC

Species:

Denmark
Germany
France
Sweden
United Kingdom
Others (1)
EG

Tusk
Brosme brosme

Zone:

(Community waters and international

III
waters)

20
10
10
40

Tusk
Brosme brosme

Zone:

IV (Community waters and international
waters)

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

under this quota.

85
26
60
9
128
9
317

Species:

Tusk
Brosme brosme

Zone:

V, VI, VII (Community waters and interna-
tional waters)

Germany
Spain
France
Ireland
United Kingdom
Others (1)
EG

9
29
353
34
170
9
604

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

under this quota.

Species:

Roundnose grenadier
Coryphaenoides rupestris

Zone:

I, II, IV, Va (Community waters and inter-
national waters)

Denmark
Germany
France
United Kingdom
EC

Species:

Denmark
Germany
Sweden
EC

2
2
14
2
20

Roundnose grenadier
Coryphaenoides rupestris

Zone:

(Community waters and international

III
waters)

1 504
9
77
1 590

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Species:

Roundnose grenadier
Coryphaenoides rupestris

Zone:

Vb, VI, VII (Community waters and inter-
national waters)

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

under this quota.

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

9
73
74
3 736
294
32
131
676
219
9
5 253

Species:

Roundnose grenadier
Coryphaenoides rupestris

Zone:

IX, X, XII, XIV (Community waters

VIII,
and international waters)

Germany
Spain
France
Ireland
United Kingdom
Latvia
Lithuania
Poland
EC

47
5 165
238
10
21
83
10
1 616
7 190

Species:

Orange roughy
Hoplostethus atlanticus

Zone:

(Community waters and international

VI
waters)

Spain
France
Ireland
United Kingdom
EC

10
58
10
10
88

Species:

Orange roughy
Hoplostethus atlanticus

Zone:

VII (Community waters and international
waters)

Spain
France
Ireland
United Kingdom
Others (1)
EC

9
866
255
9
9
1 148

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

under this quota.

Species:

Orange roughy
Hoplostethus atlanticus

Zone:

Spain
France
Ireland
Portugal
United Kingdom
EC

10
52
14
16
10
102

II,

III,

IV, V, VIII,

I,
(Community waters
waters)

IX, X, XII, XIV
international

and

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Species:

Blue ling
Molva dypterygia

Zone:

II, IV, V (Community waters and interna-
tional waters)

Denmark
Germany
France
Ireland
United Kingdom
Others (1)
EC

Species:

Denmark
Germany
Sweden
EC

Species:

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

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

under this quota.

9
9
52
9
31
9
119

Blue ling
Molva dypterygia

Zone:

(Community waters and international

III
waters)

10
5
10
25

Blue ling
Molva dypterygia

Zone:

VI, VII
tional waters)

(Community waters and interna-

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

under this quota.

33
5
104
2 371
9
2
1
603
9
3 137

Species:

Red seabream
Pagellus bogaraveo

Zone:

VI, VII, VIII (Community waters and inter-
national waters)

Spain
France
Ireland
United Kingdom
Others (1)
EC

238
12
9
30
9
298

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

under this quota.

Species:

Spain
Portugal
EC

Species:

Red seabream
Pagellus bogaraveo

Zone:

IX (Community waters and international
waters)

850
230
1 080

Red seabream
Pagellus bogaraveo

Zone:

X (Community waters and international
waters)

Spain
Portugal
United Kingdom
EC

10
1 116
10
1 136

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Species:

Forkbeards
Phycis blennoides

Zone:

I, II, III, IV (Community waters and inter-
national waters)

Germany
France
United Kingdom
EC

10
10
16
36

Species:

Forkbeards
Phycis blennoides

Zone:

V, VI, VII (Community waters and interna-
tional waters)

Germany
Spain
France
Ireland
United Kingdom
EC

10
588
356
260
814
2 028

Species:

Spain
France
Portugal
EC

Species:

Forkbeards
Phycis blennoides

Zone:

VIII, IX (Community waters and interna-
tional waters)

242
15
10
267

Forkbeards
Phycis blennoides

Zone:

X, XII
tional waters)

(Community waters and interna-

France
Portugal
United Kingdom
EC

10
43
10
63