Council Regulation (EC) No 2115/2005 of  20 December 2005  establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation
Date: 2005-12-20
Institutions: Council of the European Union
Subjects: North-West Atlantic Fisheries Organisation, authorised catch, fishery management, fishing controls, sea fish

23.12.2005

EN

Official Journal of the European Union

L 340/3

COUNCIL REGULATION (EC) No 2115/2005

of 20 December 2005

establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic
Fisheries Organisation

THE COUNCIL OF THE EUROPEAN UNION,

well as control measures to ensure the effectiveness of
that plan.

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

(6)

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

The NAFO rebuilding plan was implemented on a provi-
sional basis in Regulations (EC) No 2287/2003 (4) and
(EC) No 27/2005 (5) respectively fixing for 2004 and
2005 the fishing opportunities and associated conditions
fish stocks,
for certain fish stocks and groups of
applicable
for
the Community waters
Community vessels,
in waters where catch limitations
are required, pending the adoption of a Council Regu-
lation implementing multi-annual measures to rebuild
the Greenland halibut stock.

and,

in

(1)

(2)

(3)

(4)

Under Council Regulation (EEC) No 3179/78 of 28
December 1978 concerning the conclusion by the
European Economic Community of the Convention on
Future Multilateral Cooperation in the Northwest Atlantic
fisheries (2), that Convention (‘the NAFO Convention’),
was approved by the Community.

The NAFO Convention
appropriate
framework for multilateral cooperation on the rational
conservation and management of
fishery resources in
the area defined by it.

provides

an

At its June 2003 meeting, the Scientific Council of the
NAFO advised that
the Greenland halibut stock was
declining rapidly and recommended a sharp reduction
of the Total Allowable Catch (TAC) level.

adopted

rebuilding

a 15-year

At its 25th Annual Meeting of 15 to 19 September
the Northwest Atlantic Fisheries Organisation
2003,
(‘NAFO’)
plan for
Greenland halibut in NAFO Sub-area 2 and Divisions
3KLMNO (‘the NAFO rebuilding plan’). The NAFO
the
rebuilding plan pursues
recovery plans provided for in Article 5 of Council Regu-
lation (EC) No 2371/2002 of 20 December 2002 on the
conservation and sustainable exploitation of
fisheries
resources under the Common Fisheries Policy (3).

the same objectives as

(7)

(8)

(9)

is

therefore necessary to implement

the NAFO
It
rebuilding plan on a permanent basis by means of a
recovery plan as provided for in Article 5 of Regulation
(EC) No 2371/2002. To that end a procedure should be
determined for the transmission of the list of vessels to
fishing permit has been issued in
which a special
accordance with Council Regulation (EC) No 1627/94
of 27 June 1994 laying down general provisions
concerning special fishing permits (6).

plan,

the NAFO
To comply with the control measures of
rebuilding
be
should
imposed on masters of Community vessels, as well as
an obligation for Member States to allocate its quota
among its authorised vessels.

obligations

reporting

Additional control measures are required to ensure an
effective implementation at Community level and to
ensure coherence with recovery plans adopted by the
Council
in other areas. Such measures should include
an obligation for prior notification of entry into port
designated by Member States and to limit margins of
tolerance,

HAS ADOPTED THIS REGULATION:

Article 1

Subject-matter

(5)

In order to rebuild the stock, the NAFO rebuilding plan
provides for a reduction of the TAC level until 2007 as

(1) Opinion delivered on 23 June 2005 (not yet published in the

Official Journal).

This Regulation lays down the general rules and conditions for
the application by the Community of a recovery plan for the
Greenland halibut stock in NAFO Sub-area 2 and Divisions
3KLMNO.

(2) OJ L 378, 30.12.1978, p. 1. Regulation as amended by Regulation

(EEC) No 653/80 (OJ L 74, 20.3.1980, p. 1).

(3) OJ L 358, 31.12.2002, p. 59.

(4) OJ L 344, 31.12.2003, p. 1.
(5) OJ L 12, 14.1.2005, p. 1.
(6) OJ L 171, 6.7.1994, p. 7.

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Official Journal of the European Union

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The objective of that recovery plan shall be to attain a level of
exploitable biomass of five years and older of 140 000 tonnes
on average allowing a stable yield over the long term in the
Greenland halibut fishery.

the special fishing permit only when a vessel has been entered
into the NAFO vessel register.

Article 2

Definitions

Each Member State shall send to the Commission the list
2.
referred to in paragraph 1 and all subsequent amendments in a
computer readable form.

For the purposes of this Regulation, the following definitions
shall apply:

1.

‘NAFO Sub-area 2’ means the geographic area defined in
Annex III 3(a) of the NAFO Convention;

3.
Amendments to the list referred to in paragraph 1 shall be
transmitted to the Commission at least five days prior to the
date that the vessel newly inserted in that list enters NAFO Sub-
area 2 and Divisions 3KLMNO. The Commission shall promptly
forward amendments to the NAFO Secretariat.

2.

‘Divisions 3KLMNO’ means the geographic area defined in
Annex III 4(b) of the NAFO Convention.

Article 3

Total Allowable Catches (TACs)

The TACs for the Greenland halibut stock in NAFO Sub-area 2
and Divisions 3KLMNO shall be the following:

— 18 500 tonnes in 2006,

Each Member State shall allocate its quota for Greenland
4.
halibut among its vessels included in the list referred to in
paragraph 1. Member States shall
inform the Commission of
the allocation of quotas not later than 15 January each year.

Article 6

Reports

1. Masters of fishing vessels referred to in Article 5(1) shall
transmit the following reports to the flag Member State:

— 16 000 tonnes in 2007.

(a)

However, where in the framework of NAFO new TAC levels are
agreed, the Council, acting by a qualified majority on a proposal
from the Commission, shall adjust the TACs provided for in the
first subparagraph accordingly.

Article 4

Prohibition concerning Greenland halibut

It shall be prohibited for Community fishing vessels to fish
in NAFO Sub-area 2 and Divisions
Greenland halibut
3KLMNO and to retain on board,
land
Greenland halibut fished in that zone if they do not carry a
special fishing permit issued by the flag Member State.

trans-ship or

Article 5

Special fishing permits for Greenland halibut stock

1. Member State shall ensure that vessels to which a special
fishing permit referred to in Article 4 has been issued are
included in a list containing their name and Community fleet
register number (CFR) as defined in Annex I to Commission
Regulation (EC) No 26/2004 of 30 December 2003 on the
Community fishing fleet register (1). Member States shall issue

(1) OJ L 5, 9.1.2004, p. 25.

the quantities of Greenland halibut retained on board when
the Community vessel enters NAFO Sub-area 2 and
Divisions 3KLMNO. This report shall be transmitted not
than 6 hours in
earlier
advance of each entry of the vessel to that zone;

than 12 hours and not

later

(b) weekly quantities of Greenland halibut. This report shall be
transmitted for the first time no later than the end of the
seventh day following the date of the entry of the vessel
into NAFO Sub-area 2 and Divisions 3KLMNO, or, when
the fishing trips take more than seven days, at the latest on
Monday for catches that have been taken in the NAFO Sub-
area 2 and Divisions 3KLMNO during the preceding week
ending at midnight on Sunday;

(c)

the quantities of Greenland halibut retained on board when
the Community vessel exits NAFO Sub-area 2 and Divisions
3KLMNO. That report shall be transmitted not earlier than
12 hours and not later than 6 hours in advance of each
departure of the vessel from that zone and shall include the
number of fishing days and the total catches in that zone;

(d) the quantities loaded and unloaded for each trans-shipment
of Greenland halibut during the vessel’s stay in NAFO Sub-
area 2 and Divisions 3KLMNO. Those reports shall be trans-
mitted no later than 24 hours after the completion of the
trans-shipment.

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2. Member States shall, upon receipt, transmit the reports
provided for in point (a), (c) and (d) of paragraph 1 to the
Commission.

Article 9

Prior notification

3. When catches of Greenland halibut notified in accordance
with paragraph 2 are deemed to have exhausted 70 % of the
Member States’ quota allocation, masters shall
the
reports referred to in point (b) of paragraph 1 on a three-day
basis.

transmit

Article 7

Margin of tolerance in the estimation of quantities
reported in the logbook

By way of derogation from Article 5(2) of Commission Regu-
lation (EEC) No 2807/83 of 22 September 1983 laying down
detailed rules for recording information on Member States’
catches of fish (1) and Article 9(2) of Commission Regulation
(EEC) No 2868/88 of 16 September 1988 laying down detailed
rules for the application of the Scheme of Joint International
Inspection adopted by the Northwest Atlantic Fisheries Organi-
sation (2), the permitted margin of tolerance in estimates of the
quantities of Greenland halibut fished in NAFO Sub-area 2 and
Divisions 3KLMNO in kilograms shall be 8 %.

Article 8

Designated ports

1.
It shall be prohibited to land from vessels referred to in
Article 5(1) any quantities of Greenland halibut fished in NAFO
Sub-area 2 and Divisions 3KLMNO at any place other than
ports designated by NAFO Contracting Parties. Landings of
Greenland halibut in ports of non-Contracting Parties shall be
prohibited.

2. Member States shall designate ports in which landings of
Greenland halibut may take place and shall determine the asso-
ciated inspection and surveillance procedures,
including the
terms and conditions for recording and reporting the quantities
of Greenland halibut within each landing.

Masters of fishing vessels referred to in Article 5(1) or their
representatives, prior to any entry into a designated port shall
provide the competent authorities of the Member States whose
ports they wish to use with the following information at least
72 hours before the estimated time of arrival at the port:

1. the time of arrival at the designated port;

2. a copy of the special fishing permit referred to in Article 4;

3. the quantities in kilograms live weight of Greenland halibut

retained on board;

4. the zone or zones in the NAFO Area where the catch was

made.

Article 10

Inspection in port

1. Member States shall ensure that all vessels referred to in
Article 5(1) entering a designated port to land and/or tranship
Greenland halibut
caught within NAFO Sub-area 2 and
Divisions 3KLMNO are submitted to an inspection in port in
accordance with the port inspection scheme of NAFO.

2.
It shall be prohibited to discharge and/or tranship catches
from such vessels referred to in paragraph 1 until the inspectors
are present.

All quantities discharged shall be weighted by species
3.
before being transported to a cold store or another destination.

3. Member States shall transmit to the Commission not later
than 15 January each year a list of designated ports and, by 31
January, the associated inspection and surveillance procedures
referred to in paragraph 2. The Commission shall promptly
forward that information to the NAFO Secretariat.

the corresponding port
transmit
4. Member States shall
inspection report to the NAFO Secretariat, with a copy to the
Commission, within 14 working days from the date on which
the inspection was completed.

4.
The Commission shall promptly transmit a list of the
designated ports referred to in paragraph 2 and the ports
designated by other NAFO Contracting Parties to all Member
States.

Article 11

Prohibition of landings and transhipments for
non-Contracting Party vessels

(1) OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regu-

lation (EC) No 1804/2005 (OJ L 290, 4.11.2005, p. 10).

(2) OJ L 257, 17.9.1988, p. 20. Regulation as amended by Regulation

(EC) No 494/1997 (OJ L 77, 19.3.1997, p. 5).

Landings and transhipments of Greenland halibut from or to
non-Contracting Party vessels which have been engaged in
fishing activities
in the NAFO Regulatory Area shall be
prohibited.

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Article 12

Entry into force

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

It shall apply from 1 January 2006.

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

Done at Brussels, 20 December 2005.

For the Council
The President

M. BECKETT