Proposal for a Council Regulation amending Regulation (EC) No 27/2005, as concerns herring, Greenland halibut and octopus
Date: 2005-10-12
Institutions: European Commission
Subjects: EU Member State, EU waters, authorised catch, fishery management, fishery resources, fishing regulations, ship's flag

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.10.2005 
COM(2005) 478 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 27/2005, as concerns herring, Greenland halibut and 
octopus 

(presented by the Commission) 

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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. 

Pursuant to new scientific advice the Community’s fishing opportunities for herring 
in Sub-divisions 30 and 31 of the Baltic Sea can be increased by 15 000 tonnes to 86 
856 tonnes. The increase should be implemented. 

In  Council  Regulation  (EC)  No  27/2004,  Lithuania  was  not  given  a  quota  for 
Greenland halibut in Division IIa and Sub-areas IV and VI. This was because at the 
time when the Commission’s proposal (COM 746 final) was being drafted there were 
no  reported  Lithuanian  catches  of  Greenland  halibut  in  these  areas.  However, 
Lithuania  has  submitted  information  indicating  that  it  does  have  a  track  record  of 
catches  in  Sub-area  VI,  but  that  these  had  previously  by  mistake  been  reported  as 
having been taken in Sub-area XII. 

The  FAO  has  confirmed  that  Lithuania  requested  a  correction  of  its  catch  records 
concerning Greenland halibut in the years 2001 – 2003. The FAO has also confirmed 
that the catch figures for 2001, 2002 and 2003 given by Lithuania to the Commission 
are the same as those officially communicated to FAO, namely 3, 48 and 24 tonnes 
respectively in Area VI and 0, 0 and 2 respectively in Sub-area XII. 

This  track  record  should  therefore  entitle  Lithuania  to  a  quota  of  10  tonnes  of 
Greenland halibut in the aforementioned areas.  

3. 

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 
organisms2. 

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  also  necessary  to  establish  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 500 gr (gutted). Undersized octopus from this area shall 
not  be  retained  on  board  or  be  retained  on  board  or  be  transhipped,  landed, 
transported, stored, displayed or offered for sale, sold or marketed. 

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2 

OJ L 12, 14.1.2005, p.1 
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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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. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 27/2005, as concerns herring, Greenland halibut and 
octopus 

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 3, and in particular Article 20 thereof, 

Having regard to the proposal from the Commission4 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Council  Regulation  (EC)  No  27/20055  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. 

Pursuant  to  new  scientific  advice  the  International  Baltic  Sea  Fisheries  Commission 
has adopted  a recommendation increasing the Community’s fishing  opportunities for 
herring  in  Sub-divisions  30  and  31  of  the  Baltic  Sea  by  15  000  tonnes  to  86  856 
tonnes. The increase should be implemented. 

In  accordance  with  corrected  catch  statistics  Lithuania  should  have  access  to  fishing 
opportunities  of  10  tonnes  of  Greenland  halibut  in  Division  IIa  (Community  waters) 
and  Sub-areas  IV,  VI  (Community  waters  and  international  waters).  The  corrected 
figure should therefore be implemented. 

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 third countries and situated in 
the  CECAF  region  pending  the  adoption  of  a  Council  Regulation  amending  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 
organisms6. 

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OJ L 358, 31.12.2002, p. 59 
OJ C […] […], p. […] 
OJ L 12, 14.1.2005, p.1 
OJ L 125, 27.4.1998, p. 1 

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(5) 

Regulation (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 

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 
72 625  
14 231  
86 856  

86 856  

(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 Greenland halibut in zone IIa (Community waters) IV, VI 
(Community waters and international waters) is replaced by the following: 

‘Species: 

Greenland halibut 

Zone: 

IIa (Community waters), IV, VI (Community waters 
and international waters) 

Denmark 
Germany 
Estonia 
Spain 
France 
Ireland 
Lithuania 
Poland 
United Kingdom 
EC 

Reinhardtius 
hippoglossoides 

10  
18  
10  
10  
168  
10  
10  
10  
661  
1052  

Norway 

145 (1) (2)  

Not relevant 

TAC 
__________ 
(1) Fishing in VI is restricted to long lines. 
(2) To be taken in EC waters of II and VI. ’ 

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(3) In Annex III: 

Part I is amended as follows: 

‘PART I 

CECAF 

The  minimum  size  for  octopus  (Octopus  vulgaris)  in  the  maritime  waters  under  the 
sovereignty or jurisdiction of third countries and situated in the CECAF region shall be 500 g 
(gutted).Octopus under the minimum size of 500g (gutted) shall not be retained on board or 
be  transhipped,  landed,  transported,  stored,  sold,  displayed  or  offered  for  sale,  but  shall  be 
returned immediately to the sea.’ 

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