Proposal for a Council Regulation amending Regulation (EC) No 27/2005, as concerns herring, mackerel, horse mackerel, octopus and vessels engaged in illegal fisheries
Date: 2005-07-12
Institutions: European Commission
Subjects: EU Member State, EU waters, authorised catch, fishery management, fishery resources, fishing controls, fishing regulations, ship's flag

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.7.2005 
COM(2005) 310 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 27/2005, as concerns herring, mackerel, horse mackerel, 
octopus and vessels engaged in illegal fisheries 

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EXPLANATORY MEMORANDUM 

Council Regulation (EC) No 27/20051 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. 

1. 

2. 

3. 

International  Baltic  Sea  Fisheries  Commission 

The 
(IBSFC)  adopted  a 
recommendation in September 2004 to increase the fishing opportunities for herring 
by  10  000  tonnes  for  2004  in  Management  Unit  3,  which  would  give  Finland  an 
additional  8  199  tonnes  of  fishing  opportunities  for  herring.  The  Commission 
submitted  a  proposal  to  the  Council  COM  (2004)  797  to  implement  the 
recommendation  in  Regulation  (EC)  No  2287/2003  fixing  for  2004  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  limitations  in  catch  are  required2.  However,  the  recommendation  was  not 
made  part  of  the  Community  legislation  due  to  lack  of  time  in  the  Council.  As  a 
consequence Finland has overfished its quota by 7 856 tonnes for 2004 as they were 
not  allocated  their  share  of  the  extra  10  000  tonnes.  In  accordance  with  Council 
Regulation  (EC)  No  847/96  of  6  May  1996  introducing  additional  conditions  for 
year-to-year  management  of  TACs  and  quotas3  the  Commission  decided  in 
Commission  Regulation  (EC)  No  …/..of  …..  adapting  certain  fish  quotas  for  2005 
pursuant to Council Regulation (EC) N° 847/96 introducing additional conditions for 
year-to-year management of TACs and quotas4 to reduce the Finish quota of herring 
for  2005  by  7  856  tonnes  due  to  the  overfishing.  The  Finish  quota  for  herring  in 
subdivision 30-31 should therefore be increased by 7 856 tonnes as the reduction was 
due to the fact that the IBSFC recommendation was not implemented in Community 
legislation. This amendment will not increase the amount of herring to be caught by 
Finland in 2005 

The TAC adopted for mackerel and horse mackerel covering ICES division Vb did 
not include fishing opportunities in international waters. This fact makes it possible 
to  incorrectly  report  catches  in  Community  waters  as  being  caught  in  international 
waters.  In  order  to  avoid  misreporting  the  management  area  should  be  amended  to 
include international waters of ICES division Vb. 

In the Fisheries Council in December 2004 a statement by the Commission and the 
Council, invited the Commission to come forward in early 2005 with a proposal to 
develop a scheme allowing pelagic fish to be weighed after transport from the port of 
landing.  Such  a  proposal  has  been  elaborated  after  several  consultations  with  the 
Member States concerned. 

1 
2 
3 
4 

OJ L 12, 14.1.2005, p.1 
OJ L 344, 31.1.2003, p. 1 
OJ L 115, 9.6.1996, p. 3 
OJ 

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4. 

The minimum size of octopus (octopus vulgaris) is established at 750 gr in Council 
Regulation  (EC)  nº  850/98  of  30  March  1998  for  the  conservation  of  fishery 
resources  through  technical  measures  for  the  protection  of  juveniles  of  marine 
organisms5. 

This  minimum  size  applies  only  to  the  catching,  landing  and  selling  of  octopus 
occuring in the maritime waters under the sovereignty or juridiction of the Member 
States and situated in one of the regions specified in Article 2 of Council Regulation 
(EC) nº 850/98. 

In order to contribute to the conservation of this stock and in particular to protect the 
juveniles  it  is  necessary  to  establish  also  a  minimum  size  of  octopus  originating  in 
the  maritime  waters  under  the  sovereignty  or  juridiction  of  the  third  countries 
situated in the CECAF region. 

The  minimum  size  shall  be  450  gr  (live  weight)  or  400  gr  (gutted).  Undersized 
octopus  from  this  area  shall  not  be  retained  on  board  or  be  transhipped,  landed, 
transported, stored, displayed or offered for sale, sold or marketed. 

5. 

In  May  2005  the  North  Atlantic  Fisheries  Commission  (NEAFC)  made  by  postal 
vote a recommendation to place a number of vessels on the list of vessels that have 
been confirmed as having engaged in illegal, unreported and unregulated fisheries. A 
recommendation on measures to be applied on such vessels was adopted in February 
2004. Implementation of the recommendations in the Community legal order should 
be ensured. 

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

5 

OJ  L  125,  27.4.1998  p.1.  Regulation  as  last  amended  by  Regulation  (EC)  No  602/2004  of  22  March 
2004 (OJ L 97, 1.4.2004 p.1) 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 27/2005, as concerns herring, mackerel, horse mackerel, 
octopus and vessels engaged in illegal fisheries 

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 
Policy 6, and in particular Article 20 thereof, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No  27/20057  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. 

International  Baltic  Sea  Fisheries  Commission 

(IBSFC)  adopted  a 
The 
recommendation  in  September  2004  to  increase  the  fishing  opportunities  for  herring 
by  10  000  tonnes  for  2004  in  Management  Unit  3,  which  would  give  Finland  an 
additional 8 199 tonnes of fishing opportunities for herring. This recommendation was 
not made part of the Community legislation. As a consequence Finland has overfished 
its  quota  by  7  856  tonnes  for  2004  as  the  additional  tonnes  were  not  allocated.  In 
Commission  Regulation  (EC)  No  776/2005  of  19  May  2005  adapting  certain  fish 
quotas for 2005 pursuant to Council Regulation (EC) N° 847/96 introducing additional 
conditions  for  year-to-year  management  of  TACs  and  quotas8  the  Finish  quota  of 
herring for 2005 was reduced by 7 856 tonnes due to the overfishing. The Finish quota 
for herring in subdivision 30-31 should therefore be increased by 7 856 tonnes as the 
reduction was due to the fact that the IBSFC recommendation was not implemented in 
Community  legislation.  This  amendment  will  not  increase  the  amount  of  herring 
caught by Finland in 2005. 

(3) 

The total available catch (TAC) adopted for mackerel in management area IIa (non-EC 
waters) Vb (EC waters), VI, VII, VIIIa, b, d, e, XII, XIV should cover EC waters and 
international  waters  of  Vb  in  order  to  avoid  misreporting.  The  management  area 
should therefore be amended accordingly. 

6 
7 
8 

OJ L 358, 31.12.2002, p. 59 
OJ L 12, 14.1.2005, p. 1 
OJ L 125, 27.4.1996, p. 1 

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(4) 

(5) 

(6) 

(7) 

(8) 

The  TAC  adopted  for  horse  mackerel  in  management  area  Vb  (EC  waters),  VI,  VII, 
VIIIa,  b,  d,  e,  XII,  XIV  should  cover  EC  waters  and  international  waters  of  Vb  in 
order  to  avoid  misreporting.  The  management  area  should  therefore  be  amended 
accordingly. 

In order to allowing weighing of herring, mackerel and horse mackerel after transport 
from the port of landing, complementary measures should be implemented in 2005. 

In  order  to  contribute  to  the  conservation  of  octopus  and  in  particular  to  protect  the 
juveniles,  it  is  necessary  to  establish,  in  2005,  a  minimum  size  of  octopus  from  the 
maritime waters under the sovereignty or juridiction of the third countries and situated 
in  the  CECAF  region  pending  the  adoption  of  a  Council  Regulation  amending  the 
Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery 
resources  through  technical  measures  fort  he  protection  of  juveniles  of  marine 
organisms(8). 

the  North  Atlantic  Fisheries  Commission  (NEAFC)  made  a 
In  May  2005 
recommendation  to  place  a  number  of  vessels  on  the  list  of  vessels  that  have  been 
confirmed  as  having  engaged  in  illegal,  unreported  and  unregulated  fisheries.  A 
recommendation on measures to be applied on such vessels was adopted in February 
2004.  Implementation  of  the  recommendations  in  the  Community  legal  order  should 
be ensured. 

In order to ensure the livelihood of Community fishermen, it is important to open the 
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. 

(9) 

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

HAS ADOPTED THIS REGULATION: 

Annexes IA, IB and III to Regulation (EC) No 27/2005 are amended in accordance with the 
Annex to this Regulation. 

Article 1 

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

Article 2 

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 

(1) In Annex IA: 

The  entry  concerning  the  species  Herring  in  zone  Sub-division  30-31  is  replaced  by  the 
following: 

‘Species: 

Finland 
Sweden 
EC 

TAC 

Herring 
Clupea harengus 
60 327  
11 529  
71 856  

71 856  

(2) In Annex IB: 

Zone: 

Sub-divisions 30-31 
HER/3D30.; HER/3D31. 

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

The  entry  concerning  the  species  Mackerel  in  zone  IIa  (non-ECwaters),  Vb  (EC 

(a) 
waters), VI, VII, VIIIa, b, d, e, XII, XIV is replaced by the following: 

‘Species: 

Mackerel 

Zone: 

Scomber scombrus 

IIa (non-EC waters), Vb (EC waters and international 
waters), VI, VII, VIIIa, b, d, e, XII, XIV 
MAC/2CX14- 

Germany 
Spain 
Estonia 
France 
Ireland 
Latvia 
Lithuania 
The Netherlands 
Poland 
United Kingdom 
EC 
Norway 
Faroe Islands 

TAC 

13 845  
 20  
 115  
9 231  
46 149  
 85  
 85  
20 190  
 844  
126 913  
217 477  

8 500 (1) 
3 322 (2) 

420 000 (3) 

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

__________ 
(1) 
(2) 

(3) 

May be fished only in IIa, VIa (north of 56°30’ N), IVa, VIId, e, f, h. 
Of which 1 002 tonnes may  be fished in ICES Division IVa north of 59°N (EC zone) from 1 January to 
15 February  and  from  1  October  to  31  December.  A  quantity  of  2  763  tonnes  of  the  Faroe  Islands' own 
quota  may  be  fished  in  ICES  Division  VIa  (north  of  56°30'N)  throughout  the  year  and/or  in  ICES 
Divisions VIIe, f, h, and/or ICES Division IVa.  
TAC agreed by the EC, Norway and Faroe Islands for the northern area. 

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Special conditions: 
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones 
specified, and only during the periods 1 January to 15 February and 1 October to 31 December. 

Germany 
Spain 
France 
Ireland 
The Netherlands 
United Kingdom 
EC 
Norway 
Faroe Islands 
(1) 

IVa (EC waters) 
MAC/*04A-C 
4 175  
 0  
2 784  
13 918  
6 089  
38 274  
65 240  
8 500  
1 002 (1) 

North of 59° N (EC zone) from 1 January to 15 February and from 1 October to 31 December.’ 

The  entry  concerning  the  species  Horse  mackerel  in  zone  Vb  (EC  waters),  VI,  VII, 

(b) 
VIIIa, b, d, e, XII, XIV is replaced by the following: 

Vb  (EC  waters  and  international  waters  ),  VI,  VII, 
VIIIa, b, d, e, XII, XIV 
JAX/578/14 

‘Species: 

Horse mackerel 

Zone: 

Denmark 
Germany 
Spain 
France 
Ireland 
The Netherlands 
Portugal 
United Kingdom 
EC 
Faroe Islands 

Trachurus spp. 
12 088 
9 662 
13 195 
6 384 
31 454 
46 096 
1 277 
13 067 
133 223 
4 955 

(1)(2) 

TAC 

137 000 

Analytical  TAC  where  Articles  3  and  4  of 
Regulation (EC) No 847/96 apply. 

__________ 
(1) 
(2) 

This quota may only be fished in ICES areas IV, VIa (north of 56° 30' N) and VIIe, f, h. 
Within a total quota of 6 500 tonnes for ICES Sub-areas IV, VIa (north of 56°30'N) and VIIe,f,h.’ 

(3) In Annex III: 

(a) 

Point 9 is replaced by the following: 

‘9.  Landing  and  Weighing  procedures  for  herring,  mackerel  and  horse 

mackerel 

9.1.  Scope  

9.1.1. The  following  procedures  shall  apply  to  landings  in  the  European 
Community  by  Community  and  third  country  vessels  of  quantities  per 
landing exceeding 10 tonnes of herring, mackerel, and horse mackerel, or 
a combination thereof, taken in: 

a) 

for herring, ICES Sub-areas I, II, IV, VI and VII and Divisions III 
a, and Vb; 

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b) 

for mackerel and horse mackerel, in ICES Sub-areas III, IV, VI and 
VII and Division IIa. 

9.2  Designated ports 

9.2.1 Landings referred to in point 9.1 are only permitted in designated ports. 

9.2.2  Each Member State concerned shall transmit to the Commission changes 
in the list, transmitted in 2004, of designated ports in which landings of 
herring,  mackerel  and  horse  mackerel  may  take  place  and,  changes  in 
inspection and surveillance procedures for those ports including the terms 
and  conditions  for  recording  and  reporting  the  quantities  of  any  of  the 
species and stocks referred to in point 9.1.1. within each landing. Those 
changes shall be transmitted at least 15 days before they enter into force. 
The  Commission  shall  transmit  this  information  as  well  as  ports 
designated by third countries to all Member States concerned 

9.3.  Entry to port 

9.3.1.The master of a fishing vessel referred to in point 9.1.1. or his agent shall 
inform  the  competent  authorities  of  the  Member  State  in  which  the 
landing  is  to  be  made,  at  least  4  hours  in  advance  of  entry  to  port  of 
landing of the Member State concerned of the following: 

(a) 

the  port  he  intends  to  enter,  the  name  of  the  vessel  and  its 
registration number; 

(b) 

the estimated time of arrival at that port; 

(c) 

(d) 

the  quantities  in  kilograms  live  weight  by  species  retained  on 
board; 

the  management  area  in  accordance  with  Annex  I  of  this 
Regulation where the catch was taken. 

9.4.  Discharge  

9.4.1. The competent authorities of the Member State concerned shall require 

that the discharge does not commence until authorised to do so. 

9.5  Logbook 

9.5.1.By  way  of  derogation  from  the  provisions  of  point  4.2  of  Annex  IV  to 
Regulation  (EEC)  No 2807/83,  the  master  of  a  fishing  vessel  shall 
submit,  immediately  upon  arrival  to  port,  the  relevant  page  or  pages  of 
the  logbook  as  demanded  by  the  competent  authority  at  the  port  of 
landing. 

The quantities retained on board, notified prior to landing as referred to 
in point 9.3.1.(c), shall be equal to the quantities recorded in the logbook 
after its completion. 

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By way of derogation from the provisions of Article 5 (2) of Regulation 
(EEC)  No 2807/83  the  permitted  margin  of  tolerance  in  estimates 
recorded into the logbook of the quantities in kilograms of fish retained 
on board of vessels shall be 8%. 

9.6  Weighing of fresh fish  

9.6.1  All buyers purchasing fresh fish shall ensure that all quantities received 
are  weighed  on  systems  approved  by  the  competent  authorities.  The 
weighing  shall  be  carried  out  prior  to  the  fish  being  sorted,  processed, 
held  in  storage  and  transported  from  the  port  of  landing  or  resold.  The 
figure  resulting  from  the  weighing  shall  be  used  for  the  completion  of 
landing declarations and sales notes. 

9.6.2. When  determining  the  weight  any  deduction  for  water  shall  not  exceed 

2%. 

9.7. Weighing of fresh fish after transport 

9.7.1  By way of derogation from point 9.6.1. Member States may permit fresh 
fish to be weighed after transport from the port of landing provided that 
the  fish  is  transported  to  a  destination  on  the  territory  of  the  Member 
State no more than 60 kilometres from the port of landing and that: 

(a) 

the  tanker  in  which  the  fish  is  transported  is  accompanied  by  an 
inspector  from  the  place  of  landing  to  the  place  where  the  fish  is 
weighed, or 

(b) 

approval  is  given  by  the  competent  authorities  at  the  place  of 
landing to transport the fish subject to the following provisions: 

(i) 

immediately  prior  to  the  tanker  leaving  the  port  of  landing, 
the  buyer  or  his  agent  shall  provide  to  the  competent 
authorities a written declaration giving the species of the fish 
and name of the vessel from which it is to be discharged, the 
unique  identity  number  of  the  tanker  and  details  of  the 
destination  where  the  fish  will  be  weighed  as  well  as  the 
estimated time of arrival of the tanker at the destination; 

(ii) 

a copy of the declaration provided for in (i) shall be kept by 
the driver during the transport of the fish and handed over to 
the receiver of the fish at the destination. 

9.8. Invoice 

9.8.1  In addition to the obligations set out in Article 9(1) and (2) of Regulation 
(EC) No 2847/93 the processor or buyer of the quantities [of fresh fish?] 
landed  shall  submit  to  the  competent  authorities  of  the  Member  State 
concerned a copy of the invoice or a document replacing it, as referred to 
in  Article  22  (3)  of  the  Sixth  Council  Directive  77/388/EEC  on  the 

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harmonisation of the laws of the Member States relating to turnover taxes 
– Common system of value added tax: uniform basis of assessment 9.  

9.8.2.Any such invoice or document shall include the information required by 
Article  9(3)  of  Regulation  (EC)  No  2847/93  as  well  as  the  name  and 
registration  number  of  the  vessel  from  which  the  fish  has  been  landed. 
This  invoice  or  document  shall  be  submitted  on  demand  or  within  12 
hours of the completion on the weighing.  

9.9  Weighing of frozen fish 

9.9.1. All buyers or holders of frozen fish shall ensure that the quantities landed 
are weighed prior to the fish being processed, held in storage, transported 
from the port of landing or resold. Any tare weight equal to the weight of 
boxes,  plastic  or  other  containers  in  which  the  fish  to  be  weighed  is 
packed may be deducted from the weight of any quantities landed. 

9.9.2.Alternatively,  the  weight  of  frozen  fish  packed  in  boxes  may  be 
determined by multiplying the average weight of a representative sample 
based  on  weighing  the  contents  removed  from  the  box  and  without 
plastic  packaging  whether  or  not  after  the  thawing  of  any  ice  on  the 
surface  of  the  fish.  Member  States  shall  notify  to  the  Commission  for 
approval  any  changes  in  their  sampling  methodology  approved  by  the 
the 
Commission  during  2004.  Changes  shall  be  approved  by 
Commission. The figure resulting from the weighing shall be used for the 
completion of landing declarations and sales notes. 

9.10 Weighing facilities  

9.10.1. 

In  cases  where  publicly  operated  weighing  facilities  are  used  the 
party  weighing  the  fish  shall  issue  to  the  buyer  a  weighing  slip 
indicating  the  date  and  time  of  the  weighing  and  the  identity 
number of the tanker. A copy of the weighing slip shall be attached 
to  the  invoice  submitted  to  the  competent  authorities  as  provided 
for in point 9.8.. 

9.10.2. 

In  cases  where  privately  operated  weighing  facilities  are  used  the 
system  shall  be  approved,  calibrated  and  sealed  by  the  competent 
authorities and be subject to the following provisions: 

(a) 

the  party  weighing  the  fish  shall  keep  a  paginated  weighing 
logbook indicating: 

(i) 

the  name  and  registration  number  of  the  vessel  from  which 
the fish has been landed, 

(ii) 

the  identity  number  of  the  tankers  in  cases  where  fish  has 
been transported from the port of landing before weighing, 

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OJ L 145, 13.6.1977, p. 1 

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(iii) 

the species of fish, 

(iv) 

the weight of each landing, 

(v) 

the date and time of the beginning and end of the weighing. 

(b)  where  the  weighing  is  carried  out  on  a  conveyor  belt  system  a 
visible  counter  shall  be  fitted  that  records  the  cumulative  total  of 
the weight. Such cumulative total shall be recorded in the paginated 
logbook referred to in point (a); 

(c) 

the  weighing  logbook  and  the  copies  of  written  declarations 
provided for in point 9.7.1. (b) (ii) shall be kept for three years.  

9.11  Access by competent authorities 

The competent authorities shall have full access at all times to the 
weighing system,  the  weighing logbooks, written  declarations  and 
all premises where the fish is processed and kept. 

9.12  Cross checks  

9.12.1.The competent authorities shall carry out administrative cross checks on 

all landings between the following: 

(a) 

quantities  by  species  indicated  in  the  prior  notice  of  landing, 
referred to in point 9.3.1 and the quantities recorded in the vessel’s 
logbook, 

(b)  quantities  by  species  recorded  in  the  vessel’s  logbook  and  the 
landing declaration or invoice or equivalent document referred to in 
point 9.8., 

(c) 

quantities  by  species  recorded  on  the  landing  declaration  and 
invoice or equivalent document referred to in point 9.8. 

9.13  Full inspection 

9.13.1  The competent authorities of a Member State shall ensure that at least 
15% of the quantities of fish landed and at least 10% of the landings of 
fish  are  subject  to  full  inspections  which  shall  include  at  least  the 
following: 

(a)  monitoring of the weighing of the catch from the vessel, by species. 
In  the  case  of  vessels  pumping  catch  ashore  the  weighing  of  the 
entire  discharge  from  the  vessels  selected  for  inspection  shall  be 
monitored.  In  the  case  of  freezer  trawlers,  all  boxes  shall  be 
counted. A representative sample of boxes/pallets shall be weighed 
in  order  to  arrive  at  an  average  weight  for  the  boxes/pallets. 
Sampling  of  boxes  shall  also  be  undertaken  according  to  an 
approved methodology in order to arrive at an average net weight 
for the fish (without packing, ice); 

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(b) 

in  addition  to  the  cross  checks  referred  to  in  point  9.12  cross 
verification between the following: 

(i) 

(ii) 

quantities  by  species  recorded  in  the  weighing  logbook  and 
the quantities by species recorded in the invoice or equivalent 
document referred to in point 9.8.; 

the written declarations received by the competent authorities 
pursuant  to  point  9.7.1.  (b)  (i)  and  the  written  declarations 
held by the receiver of the fish pursuant to point 9.7.1 (b) (ii); 

(iii) 

identity  numbers  of  tankers  that  appear  in  the  written 
declarations  provided  for  in  point  9.7.1  (b)  (i)  and  the 
weighing logbooks. 

(c) 

if the discharge is interrupted, permission shall be required before 
the discharge can recommence; 

(d)  verification that the vessel is empty of all fish, once the discharge 

has been completed. 

9.13.2  All inspection activities covered by point 9 shall be documented. Such 

documentation shall be kept for 3 years.’ 

(b) 

The following Part I is added: 

‘PART I 

CECAF 

By  way  of  derogation  from  the  provisions  laid  down  in  articles  2,17  and  Annex  XII  of 
Regulation (EC) No 850/98 the minimum size for octopus (Octopus vulgaris) in the maritime 
waters under the sovereignty or jurisdiction of the third countries and situated in the CECAF 
region shall be 450 g (live weight) or 400 g (gutted).’ 

(c) 

The following Part J is added: 

‘PART J 

NORTH-EASTATLANTIC 
Vessels engaged in illegal, unreported and unregulated fisheries 

Vessels that have been placed by the North-East Atlantic Fisheries Commission (NEAFC) on 
the  list  of  vessels  that  have  been  confirmed  as  having  engaged  in  illegal,  unreported  and 
unregulated  fisheries  (IUU  vessels)  are  listed  in  Appendix  5.  The  following  measures  shall 
apply to these vessels : 

(a) 

IUU vessels that enter ports are not authorised to land or tranship therein and shall be 
inspected  by  the  competent  authorities.  Such  inspections  shall  include  the  vessel’s 
documents,  log  books,  fishing  gear,  catch  onboard  and  any  other  matter  relating  to 
the vessel’s activities in the Regulatory Area of NEAFC. Information on the result of 
the inspections shall immediately be transmitted to the Commission; 

EN 

13 

   EN 

 
 
(b) 

(c) 

(d) 

(e) 

(f) 

Fishing vessels, support vessels, refuel vessels, mother-ships and cargo vessels flying 
the flag of a Member State shall not in any way assist IUU vessels or participate in 
any transhipment or joint fishing operations with vessels on that list; 

IUU vessels shall not be supplied in ports with provisions, fuel or other services; 

IUU vessels shall not be authorised to fish in Community waters and be prohibited to 
be chartered; 

Imports of fish coming from IUU vessels shall be prohibited; 

Member States shall refuse the granting of their flag to IUU vessels and encourage 
importers,  transporters  and  other  sectors  concerned  to  refrain  from  negotiating  and 
from transhipping of fish caught by such vessels; 

The  Commission  shall  amend  the  list  to  be  in  accordance  with  the  NEAFC  list  as  soon  as 
NEAFC adopts a new list. ’ 

EN 

14 

   EN 

 
(d) 

The following Appendix 5 is added: 

‘Appendix 5 to Annex III 

List of vessels that have been confirmed by NEAFC as having engaged in illegal, 
unreported and unregulated fisheries 

Vessel's name 

Flag-State 

FONTENOVA 

IANNIS 

LANNIS I 

LISA 

KERGUELEN 

OKHOTINO 

OLCHAN 

OSTROE 

Panama 

Panama 

Panama 

The Commonwealth of Dominica 

Togo 

The Commonwealth of Dominica 

The Commonwealth of Dominica 

The Commonwealth of Dominica  

OSTROVETS 

The Commonwealth of Dominica 

OYRA 

The Commonwealth of Dominica 

OZHERELYE 

The Commonwealth of Dominica’ 

EN 

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   EN