Proposal for a Council Regulation amending Regulation (EC) No 27/2005, as concerns fishing opportunities in Greenland, Faroese and Icelandic waters and fishing for cod in the North Sea, and amending Regulation (EC) No 2270/2004, as concerns fishing opportunities for deep-sea sharks and roundnose grenadier
Date: 2005-04-18
Institutions: European Commission
Subjects: authorised catch, conservation of fish stocks, fishery management, fishery resources, fishing fleet, fishing regulations, ship's flag

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.04.2005 
COM(2005)148 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 27/2005, as concerns fishing opportunities in Greenland, 
Faroese and Icelandic waters and fishing for cod in the North Sea, and amending 
Regulation (EC) No 2270/2004, as concerns fishing opportunities for deep-sea sharks 
and roundnose grenadier 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council Regulation (EC) No 27/2005 fixes the fishing opportunities and associated conditions 
for  certain  fish  stocks  and  groups  of  stocks  applicable  in  Community  waters  and  for 
Community vessels, in waters where limitations in catch are required for 2005. 

1. 

2. 

3. 

On  14  February  2005  the  Greenland  authorities  informed  the  Commission  that  the 
Community  in  2005  has  access  to  fish  1000  tonnes  of  snow  crab  in  Greenland 
waters.  The  necessary  measures  should  be  taken  to  implement  the  new  fishing 
possibilities in Community legislation. 

On  15  February  2005  the  annual  fisheries  consultations  on  mutual  fishing 
opportunities  for  2005  were  concluded  between  the  Community  and  Iceland.  The 
necessary measures should be taken to implement the results of the consultations in 
Community legislation 

The derogation from days present within the area and absent from port in Table I of 
Annex  IVa  to  Regulation  (EC)  No  27/2005  for  vessels  using  120mm  square  mesh 
windows  was  only  ever  intended  for  the  Kattegat  and  Skagerrak.  Due  to  the 
refinement of the gear categorisations the reduction in days available in the Kattegat 
and Skagerrak has been from 22 days in 2004 to 12 days with a square mesh window 
or 9  days  without,  which  represents a very significant decrease  in fishing effort. In 
the  North  Sea  12  days  would  however  represent  an  increase  in  effort  from  the  10 
days available in 2004 that cannot be justified by the introduction of the square mesh 
window  and  would  be  contrary  to  the  Article  8  of  Council  Regulation  (EC)  No 
423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks1. 
The fishing days available to vessels fishing in the North Sea with a towed gear using 
120 mm square mesh windows should therefore be reduced to 9 days. 

4. 

Annex IVc contains a technical error that means if a vessel is fishing under Annex 
IVc it may not be able to subsequently use any days under Annex IVa even if it has 
days left in both areas. The error needs to be corrected. 

Council Regulation (EC) No 2270/2004 fixes the fishing opportunities for Community vessels 
for certain deep-sea species in 2005-2006. 

1. 

2. 

The black scabbard fisheries around the Azores take a by-catches of deep-sea sharks. 
To  avoid  unnecessary  discarding  it  is  therefore  appropriate  to  provide  for  the  by-
catch quota for these species. It is estimated that the total black scabbard catch in the 
waters of the Azores will amount to 700 tonnes generating catches of deep-sea sharks 
of approximately 120 tonnes. No direct fisheries for deep-sea sharks will be allowed. 

The fishing opportunities for roundnose grenadier in ICES division Vb and sub-areas 
VI and VII was wrongly allocated to Member States and should be corrected. 

1 

OJ L 70, 9.3.2004, p.8 

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The  Council  is  requested  to  adopt  this  proposal  as  soon  as  possible  in  order  to  allow 
fishermen to plan their activities for this fishing season. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 27/2005 , as concerns fishing opportunities in Greenland, 
Faroese and Icelandic waters and fishing for cod in the North Sea, and amending 
Regulation (EC) No 2270/2004, as concerns fishing opportunities for deep- sea sharks 
and roundnose grenadier 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy1, and in particular Article 20 thereof, 

Having  regard  to  Council  Regulation  (EC)  No  423/2004  of  26  February  2004  establishing 
measures for the recovery of cod stocks2, and in particular Article 8 thereof, 

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 
3 
4 
5 
6 

Council  Regulation  (EC)  No  27/20054  fixes  for  2005  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. 

In accordance with the procedure provided for in the Agreement on fisheries and the 
marine environment between the European Economic Community and the Republic of 
Iceland5,  the  Community  has  held  consultations  on  fishing  rights  for  2005  with 
Iceland. The outcome of the consultations has to be implemented in Regulation (EC) 
No 27/2005. 

The  Greenland  authorities  have  notified  the  Commission  that  the  Community  has 
access to 1 000 tonnes of snow crab in Greenland waters. 

It is not in conformity with Article 8 of Council Regulation (EC) No 423/2004 of 26 
February 2004 establishing measures for the recovery of cod stocks 6 to allocate more 

OJ L 358, 31,12,2002, p. 59 
OJ L 70, 9.3.2004, p. 8. 
OJ C , , p. . 
OJ L 12, 14.1.2005, p.1 
OJ L 161, 2.7.1993, p.1 
OJ L 70, 9.3.2004, p.8 

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days  of  fishing  per  calendar  month  in  the  North  Sea  when  fishing  with  towed  gears 
with 120 mm square mesh windows. The North Sea should therefore be deleted from 
the list of areas to which that allocation of supplemental days is applicable. 

The fishing opportunities for deep-sea sharks in ICES sub-area X (Community waters 
and international waters) should be increased to 120 tonnes thereby allowing deep-sea 
sharks that are taken as unavoidable by-catches in other fisheries to be landed. 

The  rules  on  the  interactions  of  fishing  between  areas  defined  in  Annex  IVa  and 
Annex IVc to Council Regulation (EC) No 27/2005 should not prevent a vessel from 
using  the  maximum  number  of  days  avaliable  in  Annex  IVa.  Those  rules  should 
therefore be amended. 

Council Regulation (EC) No 2270/2004 of 22 December 2004 fixes for 2005 and 2006 
the fishing opportunities for Community fishing vessels for certain deep-sea stocks7 

The fishing opportunities for roundnose grenadier in ICES division Vb, sub-areas VI 
and VII (Community waters and international waters) were inappropriately calculated 
in Regulation (EC) No 2270/2004 and should be corrected. 

Regulations  (EC)  No  27/2005  and  (EC)  No  2270/2004  should  therefore  be  amended 
accordingly, 

(5) 

(6) 

(7) 

(8) 

(9) 

HAS ADOPTED THIS REGULATION: 

Article 1 
Amendments to Regulation (EC) No 27/2005 

Regulation (EC) No 27/2005 is amended as follows: 

(1) Article 5(2) is replaced by the following: 

‘2. Community vessels are hereby authorised to make catches, within the quota limits set out 
in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, 
Iceland and Norway, and the fishing zone around Jan Mayen, subject to the conditions set out 
in Articles 9, 16 and 17.’ 

(2) In Article 9 the following paragraph is added: 

‘Fishing by Community vessels in waters under the jurisdiction of Iceland shall be limited to 
the area defined by straight lines sequentially connecting the following coordinates: 

7 

OJ L 396, 31.12.2004, p. 4 

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South Western Area 

1. 

2. 

3. 

4. 

63°12'N and 23°05'W through 62°00'N and 26°00'W, 

62°58'N and 22°25'W, 

63°06'N and 21°30'W, 

63°03'N and 21°00'W from there 180°00'S; 

South Eastern Area 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

63°14'N and 10°40'W, 

63°14'N and 11°23'W, 

63°35'N and 12°21'W, 

64°00'N and 12°30'W, 

63°53'N and 13°30'W, 

63°36'N and 14°30'W, 

63°10'N and 17°00'W from there 180°00'S.’ 

(3) Annexes IC, III, IVa and VI are amended in accordance with Annex I to this Regulation. 

Article 2 
Amendments to Regulation (EC) No 2270/2004 

The Annex to Regulation (EC) No 2270/2004 is amended in accordance with Annex II to this 
Regulation. 

Article 3 
Entry into force 

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

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

Done at Brussels,  

For the Council 
The President 

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The Annexes to Regulation (EC) No 27/2005 are amended as follows: 

ANNEX I 

(1) 

In Annex IC: 

(a)  The  entry  concerning  the  species  Snow  crab  in  zone  NAFO  0,1  (Greenland  waters)  is 
replaced by the following: 

‘Species: 

Snow crab 

Zone: 

NAFO 0, 1 (Greenland waters) 

Chionoecetes spp. 

PCR/ N01GRN 

Ireland 

Spain 

EC 

125 

875 

1000 

TAC 

Not relevant’ 

Precautionary  TAC  where  Articles  3  and  4  of  Regulation  (EC) 
No 847/96 do not apply 

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

‘Species: 

Capelin 

Zone: 

V, XIV (Greenland waters) 

Mallotus villosus 

CAP/514GRN 

All Member States 

0 

EC 

TAC 

50 050 

(1) (2) 

Not relevant 

(1) 
(2) 

Of which 45 930 tonnes are allocated to Iceland. 
To be fished before 30 April 2005.’ 

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(c) The following entry is inserted after the entry concerning the species Redfish in zone Va, 
(Icelandic waters): 

‘Species: 

Redfish 

Zone 

Va (Icelandic waters) 

Sebastes spp. 

RED/05A-IS 

Belgium 

Germany 

France 

100 

(1)(2) 

1 690 

(1)(2) 

50 

(1)(2) 

United Kingdom 

1 160 

(1)(2) 

EC 

3 000 

(1)(2) 

TAC 

__________ 

(1) 

(2) 

Not relevant 

Including unavoidable by-catches (cod not allowed). 

To be fished between July and December.’  

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(2) 

In Annex IVa, Table II is replaced by the following: 

‘Table II 

Derogations from days present within the area and absent 

from port in Table I and associated conditions 

Area  

Gear defined in 
point 4 

2002 vessel track record*  Days  

Area defined in 
point 2 

4(a), 4(e) 

Less  than  5%  of  each  of 
cod, sole and plaice 

No days 
restriction**  

Area defined in 
point 2 

4(a), 4(b) 

Less than 5% cod 

Kattegat and 
North Sea 

4(c) gear of mesh 
size equal to or 
greater than 220 
mm 

Less  than  5%  cod  and 
more  than  5%  of  turbot 
and lumpfish 

100 to < 120 mm 
up to 13 

≥ 120 mm up to 14 

Up to 15 days 

Kattegat and 
Skagerrak 

4(a) gear with 
120mm square 
mesh window*** 

n/a 

12 days 

Eastern Channel   4 (c) trammel nets 
of mesh size equal 
to or less than 
110mm 

Vessels  absent  from  port 
for no more than 24 hours 

19 days 

* 

As verified by the EC logbook - average annual landing in live weight. 

**  The vessel may be present within the area for the number of days in the month 

concerned. 

***  Vessels subject to this derogation shall comply with the conditions laid down 

in Appendix 1 to this Annex.’ 

(3) 

In Annex IVc, point 6(a) is replaced by the following: 

(a) 

‘6. 
The maximum number of days in any calendar month for which a vessel may 
be present within the area and absent from port having carried on board any one of the fishing 
gears referred to in point 4 is shown in Table I. 

Where a vessel crosses between two areas on a fishing trip the day shall be counted against 
the area in which the largest proportion of time was spent during that day.  

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The number of days in which a vessel is present within the global area constituted by the areas 
defined  in  point  2  of  this  Annex  and  in  point  2  of  Annex  IVa  shall  not  exceed  the  number 
shown in Table I of this Annex. However the number of days in which the vessel is present in 
the areas defined in point 2 of Annex IVa shall comply with the maximum number fixed in 
accordance with Annex IVa. 

Table I 

Maximum days present within the area and absent from port by fishing gear 

Grouping of fishing gears referred to in point: 

Area defined in point 2: 

2. Western Channel (ICES Division VIIe).

4a 

20 

4b 

20’ 

(4) 

In Annex VI, Part I is 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

Repartition of 
licences 
amongst 
Member States

Maximum 
number of 
vessels 
present at 
any time 

Norwegian 
waters and 
fishery zone 
around Jan 
Mayen 

Herring, North of 62°00'N 

75 

Demersal species, North of 62°00'N 

80 

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

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

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

11 

19 

112 

DK: 26, DE: 5, 
FR: 1, IRL: 7, 
NL: 9, SW: 
10, UK: 17 

FR: 18, PT: 9, 
DE: 16, ES: 
20, UK: 14, 
IRL: 1 
DE: 11, DK: 
261, FR: 21, 
NL: 11 

DK: 11 

55 

50 

not relevant 

not relevant 

not relevant 

1 
2 

This allocation is valid for purse and trawl fisheries. 
To be selected fron the 11 licences for purse seine fishery for mackerel South of 62°00’N 

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Industrial species, South of 62°00'N 

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 baselines 

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 baseline. 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. 

total 
Fisheries  for  blue  whiting.  The 
number  of  licences  may  be  increased  by 
four 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 

480 

26 

83 

70 

DK: 450, UK: 
30 

BE: 0, DE: 4, 
FR: 4, UK: 18 

BE:0, DE: 10, 
FR: 40, UK: 
20 

150 

13 

4 

26 

70 

DE:  84,  FR: 
124, UK: 04 

205 

70 

34 

10 

12 

21 

DE: 3, DK: 19, 
FR:  2,  UK:  5, 
NL: 5 

UK : 10 

DK: 12 

DE: 1, DK: 7, 
FR: 0, UK: 5, 
IRL: 2, NL: 3, 
SW: 3 

225 

20 

6 

12 

21 

3 

4 
5 

Following  the  Agreed  Record  of  1999,  the  figures  for  the  Directed  fishing  for  cod  and  haddock  are 
included  in  the  figures  for  “All  trawl  fisheries  with  vessels  of  not  more  than  180  feet  in  the  zone 
between 12 and 21 miles from the Faroese baselines”. 
These figures refer to the maximum number of vessels present at any time. 
These figures are included in the figures for “Trawling outside 21 miles from the Faroese baselines”. 

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Iceland 

All fisheries 

Waters of the 
Russian 
Federation 

All fisheries 

Fisheries for cod 

Fisheries for sprat 

18 

pm 
76 

pm 

5 

pm 

pm 

pm’ 

6 

Applies only to vessels flying the flag of Latvia. 

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ANNEX II 

Part 2 of the Annex to Regulation (EC) No 2270/2004 is amended as follows: 

(1) The entry concerning the species Deep Sea Sharks in zone X (Community waters and 
international waters) is replaced by the following: 

‘Species: 

Portugal 

EC(1) 

Deep-sea sharks 

Zone: 

X (Community waters and international waters) 

120  

120’  

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

(2) The entry concerning the species Roundnose grenadier in zone Vb, VI, VII (Community 
waters and international waters) is replaced by the following: 

‘Species: 

Roundnose grenadier 

Zone: 

Vb, VI, VII (Community waters and international 
waters) 

Coryphaenoides rupestris  

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

Germany 

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

10  

77  
85  
4327  
341  
99  
50  
254  
10  
5253’  

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