Council Regulation (EC) No 860/2005 of 30 May 2005 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: 2005-05-30
Institutions: Council of the European Union
Subjects: authorised catch, conservation of fish stocks, fishery management, fishery resources, fishing area, fishing fleet, fishing regulations

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 860/2005

of 30 May 2005

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
Community,

establishing the European

Republic of Iceland (4), the Community has held consul-
tations on fishing rights for 2005 with Iceland. The
outcome of the consultations has to be incorporated in
Regulation (EC) No 27/2005.

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 Council Regulation (EC) No 423/2004 of 26
February 2004 establishing measures for the recovery of cod
stocks (2), and in particular Article 8 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

fixes
and associated conditions

Regulation (EC) No 27/2005 (3)
for 2005 the
fishing opportunities
for
certain fish stocks and groups of fish stocks, applicable
in Community waters and, for Community vessels,
in
waters where catch limitations are required.

It is necessary to rectify some calculating errors occurred
when allocating the quotas to Member States for certain
species.

(3) With a view to improving the decision-making process,
which is based on sound scientific advice and on the best
information available, the same conditions should apply
for EC vessels to report catches of non-quota species in
EC waters with a breakdown by species per area.

(4)

In accordance with the procedure provided for in the
Agreement on fisheries and the marine environment
between the European Economic Community and the

(5)

(6)

(7)

(8)

(9)

The Greenland authorities have notified the Commission
that the Community has access to 1 000 tonnes of snow
crab in Greenland waters. It has further been agreed with
the Greenland authorities that the whole quota of redfish
in areas V and XIV may be fished by pelagic trawl.

It has appeared that allocating more days of fishing per
calendar month in the North Sea to vessels fishing with
towed gears with 120 mm square mesh windows could
jeopardise the recovery of cod and would be contrary to
Article 8 of Regulation (EC) No 423/2004 of 26
February 2004. The North Sea should therefore be
deleted from the list of areas to which that allocation
of supplemental days is applicable. It is equally appro-
priate to clarify the technical
the
120 mm square mesh window.

specifications of

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

and

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

Regulation (EC) No 2270/2004 (5) fixes for 2005 and
2006 the fishing opportunities for Community fishing
vessels for certain deep-sea fish stocks.

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 70, 9.3.2004, p. 8.
(3) OJ L 12, 14.1.2005, p. 1.

(4) OJ L 161, 2.7.1993, p. 2.
(5) OJ L 396, 31.12.2004, p. 4.

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(10)

(11)

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.

to ensure
it

the
is important

livelihood of Community
In order
fishermen,
to open these fisheries as
soon as possible. 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.

2. 62° 58′ N and 22° 25′ W,
3. 63° 06′ N and 21° 30′ W,
4. 63° 03′ N and 21° 00′ W from there 180° 00′ S;

South Eastern Area
1. 63° 14′ N and 10° 40′ W,
2. 63° 14′ N and 11° 23′ W,
3. 63° 35′ N and 12° 21′ W,
4. 64° 00′ N and 12° 30′ W,
5. 63° 53′ N and 13° 30′ W,
6. 63° 36′ N and 14° 30′ W,
7. 63° 10′ N and 17° 00′ W from there 180° 00′ S.’

(12)

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

3. Annexes IB, IC, ID, IVa, IVc and VI shall be amended in

accordance with Annex I to this Regulation.

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) shall be replaced by the following:

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

to the conditions set out

in Annex I,

Article 2

Amendments to Regulation (EC) No 2270/2004

The Annex to Regulation (EC) No 2270/2004 shall be 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
the European
Union.

its publication in the Official

Journal of

2. The following subparagraph shall be added to Article 9:

‘Fishing by Community vessels in waters under the juris-
diction of Iceland shall be limited to the area defined by
straight
lines sequentially connecting the following coor-
dinates:

South Western Area
1. 63° 12′ N and 23° 05′ W through 62° 00′ N and

26° 00′ W,

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

Done at Brussels, 30 May 2005.

For the Council
The President

F. BODEN

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ANNEX I

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

1. In Annex IB:

(a) The entry concerning the species ling in zone III (Community waters and international waters) is replaced by the

Zone: III (Community waters and international waters)

following:

‘Species: Ling

Molva molva

Belgium
Denmark
Germany
Sweden
United Kingdom
EC
___________
(1) May not be fished in Division 3 IIIb,c,d.’

10 (1)
76
10
30
10 (1)

136

(b) The entry concerning the species Northern prawn in zone IIa (EC waters), IV (EC waters) is replaced by the

following:

‘Species: Northern prawn
Pandalus borealis

Denmark
The Netherlands
Sweden
United Kingdom
EC

TAC

3 700
35
149
1 096
4 980

4 980

Zone: IIa (EC waters), IV (EC waters)

PRA/2AC4-C

Precautionary TAC where Articles 3 and 4 of Regu-
lation (EC) No 847/96 apply.’

(c) The entry concerning the ‘Combined quota’ in zone EC waters of zones Vb, VI, VII is replaced by the following:

‘Species: Combined quota

Zone: EC waters of zones Vb, VI, VII

R/G/5B67-C

EC
Norway

Not relevant

600 (1)

TAC
___________
(1) Taken with long lines only, including rat tails, Mora mora and greater fork beard.’

Not relevant

(d) The entry concerning ‘Other species’ in zone EC waters of zones IIa, IV, VIa north of 56° 30' N is replaced by the

following:

‘Species: Other species

Zone: EC waters of zones

56° 30' N
OTH/2A46AN

IIa,

IV, VIa north of

EC
Norway
Faroe Islands

Not relevant

4 720 (1)
400 (2)

TAC
___________
(1) Limited to IIa and IV. Includes fisheries not specifically mentioned.
(2) Limited to by-catches of whitefish in IV and VIa.’

Not relevant

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2. 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

Chionoecetes spp.

Zone: NAFO 0, 1 (Greenland waters)

PCR/N01GRN

Ireland
Spain
EC

TAC

125
875
1 000

Not relevant

Precautionary TAC where Articles 3 and 4 of Regu-
lation (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

Mallotus villosus

Zone: V, XIV (Greenland waters)

CAP/514GRN

All Member States
EC

0
50 050 (1) (2)

TAC
___________
(1) Of which 45 930 tonnes are allocated to Iceland.
(2) To be fished before 30 April 2005.’

Not relevant

(c) The entry concerning the species redfish in zone V, XIV (Greenland waters) is replaced by the following two

entries:

‘Species: Redfish

Sebastes spp.

Germany

France

United Kingdom
EC

11 794 (4)

60 (4)

84 (4)

15 938 (1) (2) (3) (4)

Zone: V, XIV (Greenland waters)

RED/514GRN

TAC

Not relevant

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

___________
(1) May be fished by pelagic trawl. Catches from the bottom trawl fishery and the pelagic trawl fishery shall be reported separately.

May be fished East or West.

(2) 3 500 tonnes to be fished with pelagic trawl are allocated to Norway.
(3) 500 tonnes are allocated to the Faroe Islands. Catches from the bottom trawl and pelagic trawl fisheries shall be reported

separately.

(4) Provisional quota, pending the conclusions of fisheries consultations with Denmark (on behalf of the Faroe Islands and

Zone: Va (Icelandic waters)
RED/05A-IS

Greenland) for 2005.

Species: Redfish

Sebastes spp.

Belgium
Germany
France
United Kingdom
EC

100 (1) (2)
1 690 (1) (2)
50 (1) (2)
1 160 (1) (2)
3 000 (1) (2)

TAC
___________
(1) Including unavoidable by-catches (cod not allowed).
(2) To be fished between July and December.’

Not relevant

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3. In Annex ID, the entry concerning the species white hake in zone NAFO 3NO is replaced by the following:

‘Species: White hake

Urophycis tenuis

Zone: NAFO 3NO
HKW/N3NO

Spain
Portugal
EC

TAC

2 165
2 835
5 000

8 500

Articles 3 and 4 of Regulation (EC) No 847/96 do not
apply.’

4. In Annex IVa:

(a) 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

100 to < 120 mm up to 13
≥ 120 mm up to 14

Kattegatt 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

Up to 15 days

Kattegatt and Skagerrak

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

n/a

Eastern Channel

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

Vessels absent from port
for no more than 24
hours

12 days

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.’

(b) In Appendix 1, the second sentence of point 4(a) is replaced by the following:

‘The window shall be inserted into the top panel.’

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

‘6.

(a) 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.

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.

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

Area defined in point 2:

2. Western Channel (ICES Division VIIe)

Grouping of fishing gears referred to in point:

4a

20

4b

20’

6. In Annex VI, Part I is replaced by the following:

QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR COMMUNITY VESSELS
FISHING IN THIRD COUNTRY WATERS

‘PART I

Area of fishing

Fishery

Norwegian waters
and fishery zone
around Jan Mayen

Herring, North of 62° 00' N

Demersal species, North of 62° 00' N

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

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

75

80

11

19

Number
of licences

Repartition
of licences
amongst
Member States

Maximum
number
of vessels
present at
any time

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

55

50

DE: 1 (1), DK: 26 (1),
FR: 2 (1), NL: 1 (1)

not
relevant

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

11 (2)

DK: 11

Industrial species, South of 62° 00' N

480

DK: 450, UK: 30

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

26

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

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

8 (3)

not
relevant

not
relevant

150

13

4

26

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
7° 00' W and
60° 30' N,
between
60° 00' N, 6° 00' W.

70

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

70

DE: 8 (4), FR: 12 (4),
UK: 0 (4)

20 (5)

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Maximum
number
of vessels
present at
any time

22 (5)

Area of fishing

Fishery

Number
of licences

Repartition
of licences
amongst
Member States

Directed trawl
saithe with a
fishery for
minimum mesh size of 120 mm and with
the possibility to use round-straps around
the codend.

Fisheries for blue whiting. The total 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

Iceland

All fisheries

Waters of the
Russian Federation

All fisheries

Fisheries for cod

Fisheries for sprat

70

34

10

12

21

18

pm

7 (6)

pm

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

20

UK: 10

DK: 12

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

6

12

21

5

pm

pm

pm

(1) This allocation is valid for purse and trawl fisheries.
(2) To be selected from the 11 licences for purse seine fishery for mackerel South of 62° 00' N.
(3) 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”.

(4) These figures refer to the maximum number of vessels present at any time.
(5) These figures are included in the figures for “Trawling outside 21 miles from the Faroese baselines”.
(6) Applies only to vessels flying the flag of Latvia.’

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

ANNEX II

1. The entry concerning the species deep-sea sharks in zone X (Community waters and international waters) is replaced

by the following:

‘Species:

Deep-sea sharks

Portugal

EC (1)

120

120

Zone:

X (Community waters and international
waters)

(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:

Germany

Estonia

Spain

France

Ireland

Lithuania

Poland

United Kingdom

Others (1)

EC

Roundnose grenadier
Coryphaenoides rupestris

Zone:

Vb, VI, VII
international waters)

(Community waters and

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

under this quota.’

10

77

85

4 327

341

99

50

254

10

5 253