Council Regulation (EC) No 1300/2005 of 3 August 2005 amending Regulation (EC) No 27/2005, as concerns herring, mackerel, horse mackerel, sole and vessels engaged in illegal fisheries
Date: 2005-08-03
Institutions: Council of the European Union
Subjects: EU Member State, authorised catch, fishing area, fishing controls, fishing regulations, fishing rights, fraud

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1300/2005

of 3 August 2005

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

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

Whereas:

(1)

(2)

fixes
and associated conditions

Regulation (EC) No 27/2005 (2)
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.

the

fishing opportunities

The International Baltic Sea Fisheries Commission (IBSFC)
adopted a recommendation in September 2004 to
increase
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 conse-
quence 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) No 847/96
introducing
year-to-year
management of TACs and quotas (3) the Finnish quota
of herring for 2005 was reduced by 7 856 tonnes due to
the overfishing. The Finnish quota for herring in subdi-
vision 30-31 should therefore be increased by 7 856
tonnes as the reduction was due to the fact that the
IBSFC recommendation was not
in
implemented
Community
amendment will not
increase the amount of herring caught by Finland in
2005.

legislation. This

conditions

additional

for

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 12, 14.1.2005, p. 1.
(3) OJ L 130, 24.5.2005, p. 7.

(3)

(4)

(5)

(6)

(7)

(8)

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.

in management
The TAC adopted for horse mackerel
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 the light of new scientific advice the TAC for common
sole can be increased to 900 tonnes in management area
IIIa, IIIb, c, d (EC waters). The TAC 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.

between the

Fisheries Consultations

In accordance with the Agreed Record of Conclusions
of
European
Community and Norway for 2005 the Parties have
access to fish 50 000 tonnes of their respective North
in the other Parties' waters of
Sea herring quotas
Divisions
can be
increased by 10 000 tonnes if called for. By letter of
29 June 2005 Norway has called for such an increase.
The Community has submitted a similar request on 20
July 2005. It is therefore appropriate to implement these
changes in the Community legislation.

and IVb. These quantities

IVa

2005

the North-East Atlantic

In May
Fisheries
Commission (NEAFC) made 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.

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(9)

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 estab-
lishing the European Communities.

(10)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

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

Done at Brussels, 3 August 2005.

For the Council
The President

J. STRAW

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ANNEX

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

1.

in Annex IA:

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

‘Species: Herring

Clupea harengus

Zone: Sub-divisions 30-31

HER/3D30.; HER/3D31

Finland
Sweden
EC

TAC

60 327
11 529
71 856

71 856

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

2.

in Annex IB:

(a)

the entry concerning the species Herring in zone IV north of 53° 30′ N is replaced by the following:

‘Species: Herring (1)

Clupea harengus

Zone: IV north of 53° 30′ N

HER/4AB

Denmark
Germany
France
The Netherlands
Sweden
United Kingdom
EC
Norway

TAC

95 211
57 215
20 548
56 745
5 443
70 395
305 557

60 000 (2)

535 000

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

___________
(1) Landed as the entire catch or sorted from the remainder of the catch. Member States must inform the Commission of their

landings of herring distinguishing between ICES Divisions IVa and IVb zones HER/04A and HER/04 B
(2) May be taken in EC waters. Catches taken within this quota are deducted from Norway's share of the TAC.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the
zones specified:

Norwegian waters south of 62° N
(HER/*04N-)

EC

60 000’;

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(b) the entry concerning the species Mackerel in zone IIa (non-EC waters), Vb (EC waters), VI, VII, VIIIa, b, d, e, XII,

XIV is replaced by the following:

‘Species: Mackerel

Scomber scombrus

Zone: IIa (non-EC waters), Vb (EC waters and interna-
tional 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 Regu-
lation (EC) No 847/96 do not apply.

___________
(1) May be fished only in IIa, VIa (north of 56° 30′ N), IVa, VIId, e, f, h.
(2) 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.

(3) TAC agreed by the EC, Norway and Faroe Islands for the northern area.

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

IVa (EC waters)
MAC/*04A-C

4 175
0
2 784
13 918
6 089
38 274
65 240
8 500
1 002 (1)

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

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(c)

the entry concerning the species Common sole in zone IIIa, IIIb, c, d (EC waters) is replaced by the following:

‘Species: Common sole

Solea solea

Zone: IIIa, IIIb, c, d (EC waters)

SOL/3A/BCD

Denmark
Germany
The Netherlands
Sweden
EC

TAC

755
44
73
28
900

900

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

(d) the entry concerning the species Horse mackerel in zone Vb (EC waters), VI, VII, VIIIa, b, d, e, XII, XIV is replaced

by the following:

‘Species: Horse mackerel

Trachurus spp.

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

TAC

12 088
9 662
13 195
6 384
31 454
46 096
1 277
13 067
133 223

4 955 (1) (2)

137 000

Zone: Vb (EC waters and international waters), VI, VII,

VIIIa, b, d, e, XII, XIV
JAX/578/14

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

___________
(1) This quota may only be fished in ICES areas IV, VIa (north of 56° 30′ N) and VIIe, f, h.
(2) 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 IIIa and Vb;

(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.

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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
this information as well as ports designated by third countries to all
Commission shall
Member States concerned.

transmit

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 four 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)

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

(d) the management area in accordance with Annex I to 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.

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

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(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 of 17 May 1977 on the harmonisation of the laws of the Member
States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (*).

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
Commission during 2004. Changes shall be approved by the 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,

(iii) the species of fish,

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(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);

(b) in addition to the cross-checks referred to in point 9.12 cross-verification between the following:

(i) 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,

(ii) 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;

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(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.

___________
(*) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).’

(b) the following Part I is added:

‘PART I

NORTH-EAST ATLANTIC

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;

(b) 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;

(c)

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

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

(e)

imports of fish coming from IUU vessels shall be prohibited;

(f) 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.’;

(c) 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

OSTROVETS

OYRA

OZHERELYE

Panama

Panama

Panama

Commonwealth of Dominica

Togo

Commonwealth of Dominica

Commonwealth of Dominica

Commonwealth of Dominica

Commonwealth of Dominica

Commonwealth of Dominica
Commonwealth of Dominica’