Proposal for a Council Regulation amending Regulations (EC) No 51/2006 and (EC) No 2270/2004, as regards fishing opportunities and associated conditions for certain fish stocks
Date: 2006-08-24
Institutions: European Commission
Subjects: EU waters, authorised catch, conservation of fish stocks, fishery management, fishery resources, fishing area, fishing controls, fishing regulations, fishing rights, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.8.2006 
COM(2006) 461 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulations (EC) No 51/2006 and (EC) No 2270/2004, as regards fishing 
opportunities and associated conditions for certain fish stocks 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Council Regulation (EC) No 51/2006 fixes the fishing opportunities and associated conditions 
for  certain  fish  stocks  and  groups  of  stocks  applicable  in  Community  waters  and  for 
Community vessels, in waters where limitations in catch are required for 2006. Amendments 
of  the  Regulation  are  required  following  decisions  recently  reached  as  a  consequence  of 
international Agreements and the need for technical clarifications:  

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

A prohibition to fish for, to retain on board, to tranship or to land Basking Shark and 
White Shark in all EC, non EC and international waters should be introduced in the 
light of international obligations to conserve and protect these species. 

On  20  February  2006  the  annual  fisheries  consultations  on  mutual  fishing 
opportunities  for  2006  were  concluded  between  the  Community  and  Iceland.  The 
necessary measures should be taken to implement the results of the consultations in 
Community legislation. 

The definition of days present within an area as regards fishing effort for vessels in 
the context of the recovery of certain stocks should be clarified to ensure the correct 
application of fishing effort limitations.  

The presentation of the use of certain types of fishing gear without special conditions 
in respect of the maximum days a vessel may be present in an area in the context of 
the recovery of certain stocks should be revised. 

There  should  be  an  incentive  for  vessels  operating  under  a  system  of  automatic 
suspension  licenses  to  use  more  selective  gear  in  the  North  Sea.  This  should  be 
reflected as regards the number of allocated days present within an area.  

It  is  necessary  to  clarify  that  when  more  than  one  grouping  of  fishing  gear  is  used 
during  the  year,  any  one  of  those  gears  cannot  be  deployed  if  the  total  number  of 
days spent at sea already exceeds the number of days laid down for that gear.  

Vessels fishing in the context of the recovery of Western Channel Sole stocks should 
be  able  to  benefit  from  the  derogation  as  regards  the  maximum  number  of  fishing 
days under special conditions. Those rules should therefore be clarified.  

Due  to  the  modification  of  the  definition  of  days  present  within  an  area,  it  is 
necessary  to  clarify  the  derogation  applying  to  hailing  requirements  as  regards 
fishing effort for vessels fishing in the context of the recovery of Western Channel 
Sole stocks. 

The North-East Atlantic Fisheries Commission (NEAFC) made a recommendation in 
February  2004  regarding  vessels  having  engaged  in  illegal,  unreported  and 
unregulated  (IUU)  fisheries.  In  May  2006  NEAFC  made  a  recommendation  to 
that 
IUU 
regarding 
amend 
recommendation in the Community legal order should be ensured. 

Implementation  of 

the  provisions 

fisheries. 

EN 

2 

   EN 

 
10. 

Poland is entitled to a herring quota in zones I and II in accordance with Annex XII 
to the Accession Treaty and has furthermore been allocated licenses to fish for Saithe 
and cod in Norwegian waters in zones IV and II. This should be reflected as regards 
quantitative limitations of licences and fishing permits. 

11. 

Some drafting improvements have been made. 

Council  Regulation  (EC)  No  2270/2004  fixes  the  fishing  opportunities  for 
Community vessels for certain deep-sea species in 2005-2006. 

12. 

Pursuant to consultations between the Community and Norway on 31 January 2006 
and  based  on  scientific  advice,  the  fishery  for  roundnose  grenadier  in  zone  III, 
including Norwegian waters, should be restricted to the average catch in the period 
1996-2003.  This  amendment  should  be  implemented  in  Regulation  (EC)  No 
2270/2004. 

The present proposal intends to introduce the necessary amendments to: 

- 

- 

Articles 5, 7, 10 and 13 of Regulation (EC) No 51/2006, and its Annexes IA, IB, IIA, 
IIB, IIC, IID, III and IV.  

the Annex to Regulation (EC) No 2270/2004. 

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

EN 

3 

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Proposal for a 

COUNCIL REGULATION 

amending Regulations (EC) No 51/2006 and (EC) No 2270/2004, as regards fishing 
opportunities and associated conditions for certain fish stocks 

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 
Policy1, and in particular Article 20 thereof, 

Having  regard  to  Council  Regulation  (EC)  No  423/2004  of  26  February  2004  establishing 
measures for the recovery of cod stocks2, and in particular Article 8 thereof, 

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

Council Regulation (EC) No 51/20064 of 22 December 2005 fixes for 2006 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. 

A prohibition to fish for, to retain on board, to tranship or to land Basking Shark and 
White  Shark  in  all  EC,  non  EC  and  international  waters  should  be  introduced  in  the 
light of international obligations to conserve and protect these species underpinned by, 
inter  alia,  the  Convention  on  Biological  Diversity,  the  Convention  on  International 
Trade  in  Endangered  Species  of  Wild  Fauna  and  Flora  as  well  as  the  FAO 
International Plan of Action for the Conservation and Management of Sharks.  

Pursuant to consultations between the Community and Iceland on 20 February 2006 an 
arrangement  was  reached  on  quotas  for  Icelandic  vessels  to  be  fished  from  the 
Community  quota  allocated  under  its  Agreement  with  the  Government  of  Denmark 
and the local Government of Greenland by 30 April 2006, and for Community vessels 
fishing  for  Redfish  in  the  Icelandic  Economic  Zone  to  be  fished  between  July  and 
December. This arrangement should be implemented in Regulation (EC) No 51/2006. 

1 
2 
3 
4 

OJ L 358, 31.12.2002, p. 59. 
OJ L 70, 9.3.2004, p. 8. 
OJ C […], […], p. […]. 
OJ L 16, 20.1.2006, p. 1. 

EN 

4 

   EN 

 
                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The definition of days present within an area as regards fishing effort for vessels in the 
context  of  the  recovery  of  certain  stocks  should  be  clarified  to  ensure  the  correct 
application of fishing effort limitations.  

The presentation of the use of certain types of fishing gear without special conditions 
in respect of the maximum days a vessel may be present in an area in the context of 
the recovery of certain stocks should be revised. 

There  should  be  an  incentive  for  vessels  operating  under  a  system  of  automatic 
suspension  licenses  to  use  more  selective  gear  in  the  North  Sea.  This  should  be 
reflected as regards the number of allocated days present within an area.  

It  is  necessary  to  clarify  that  when  more  than  one  grouping  of  fishing  gear  is  used 
during the year, any one of those gears cannot be deployed if the total number of days 
spent at sea already exceeds the number of days laid down for that gear. 

Vessels fishing in the context of the recovery of Western Channel Sole stocks should 
be able to benefit from the derogation as regards the maximum number of fishing days 
under special conditions. Those rules should therefore be clarified. 

Due to the modification of the definition of days present within an area, it is necessary 
to clarify the derogation applying to hailing requirements as regards fishing effort for 
vessels fishing in the context of the recovery of Western Channel Sole stocks. 

(10)  The North-East Atlantic Fisheries Commission (NEAFC) made a recommendation in 
February  2004  regarding  vessels  having  engaged  in  illegal,  unreported  and 
unregulated (IUU) fisheries. In May 2006 NEAFC made a recommendation to amend 
the provisions regarding IUU fisheries. Implementation of that recommendation in the 
Community legal order should be ensured. 

(11)  Poland is entitled to a herring quota in zones I and II in accordance with Annex XII to 
the Accession Treaty and has furthermore been allocated licenses to fish for Saithe and 
cod  in  Norwegian  waters  in  zones  IV  and  II.  This  should  be  reflected  as  regards 
quantitative limitations of licences and fishing permits.  

(12)  Some drafting improvements should be made. 

(13)  Council  Regulation  (EC)  No  2270/2004  fixes  for  2005  and  2006  the  fishing 

opportunities for Community fishing vessels for certain deep-sea stocks5. 

(14)  Pursuant  to  consultations  between  the  Community  and  Norway  on  31  January  2006 
and  based  on  scientific  advice,  the  fishery  for  roundnose  grenadier  in  zone  III, 
including  Norwegian  waters,  should  be  restricted  to  the  average  catch  in  the  period 
1996-2003.  This  amendment  should  be  implemented  in  Regulation  (EC)  No 
2270/2004. 

(15)  Regulations  (EC)  No  51/2006  and  (EC)  No  2270/2004  should  therefore  be  amended 

accordingly, 

5 

OJ L 396, 31.12.2004, p. 4. 

EN 

5 

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HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 51/2006 is amended as follows: 

(1) 

In Article 5 the following subparagraph is added: 

"8. 

It shall be prohibited for Community vessels to fish for, to retain on board, to 
tranship  and  to  land  the  following  species  in  all  Community  and  non-
Community waters: 

- 

Basking shark (Cetorhinus maximus) 

-  White shark (Carcharodon carcharias)" 

(2) 

In Article 7(1) the second indent is replaced by the following: 

"-  Annex  IIB  shall  apply  for  the  management  of  hake  and  nephrops  in  ICES 

Divisions VIIIc and IXa with the exception of Gulf of Cadiz." 

(3) 

In Article 10, the following paragraph shall be added: 

"Fishing by Community vessels in waters under the jurisdiction of Iceland shall be 
limited  to  the  area  defined  by  straight  lines  sequentially  connecting  the  following 
coordinates: 

South Western Area 

1. 

2. 

3. 

4. 

63°12'N and 23°05'W through 62°00'N and 26°00'W, 

62°58'N and 22°25'W, 

63°06'N and 21°30'W, 

63°03'N and 21°00'W from there 90°00'S; 

South Eastern Area 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

63°14'N and 10°40'W, 

63°14'N and 11°23'W, 

63°35'N and 12°21'W, 

64°00'N and 12°30'W, 

63°53'N and 13°30'W, 

63°36'N and 14°30'W, 

63°10'N and 17°00'W from there 90°00'S." 

EN 

6 

   EN 

 
(4) 

Article 13 is replaced by the following: 

"Article 13 
Authorisation 

1. 

2. 

Fishing  vessels  flying  the  flag  of  Barbados,  Guyana,  Japan,  South  Korea,  Norway, 
Suriname, Trinidad and Tobago and Venezuela and fishing vessels registered in the 
Faroe Islands shall be authorised to make catches in Community waters, within the 
catch limits set out in Annex I, and subject to the conditions provided for in Articles 
14, 15 and 16 and 19 to 25. 

It shall be prohibited for third-country fishing vessels to fish for, to retain on board, 
to tranship and to land the following species in all Community waters: 

- 

Basking shark (Cetorhinus maximus) 

-  White shark (Carcharodon carcharias)" 

(5) 

Annexes IA, IB, IIA, IIB, IIC, IID, III, IV are amended in accordance with Annex I 
to this Regulation. 

Article 2 
Amendments to Regulation (EC) No 2270/2004 

The Annex to Regulation (EC) No 2270/2004 is 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 its publication in the 
Official Journal of the European Union. 

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

Done at Brussels,  

For the Council 
The President 

EN 

7 

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ANNEX I 

The Annexes to Regulation (EC) No 51/2006 are amended as follows: 

(1) 

In Annex IA the entry concerning the species Basking shark in EC waters of zones 
IV, VI and VII is deleted. 

(2) 

In Annex IB: 

(a)  The entry concerning the species Capelin in zone V, XIV (Greenland waters) is 

replaced by the following: 

"Species: 

Capelin 

Zone:  V, XIV (Greenland waters) 

Mallotus villosus 

CAP/514GRN 

All Member States  0 

EC 

TAC 

16170 

(1) (2) 

Not relevant 

(1) 

Of which 16170 tonnes are allocated to Iceland. 

(2) 

To be fished before 30 April 2006." 

EN 

8 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(b)  The  entry  concerning  the  species  Redfish  in  zone  Va  (Icelandic  waters)  is 

replaced by the following: 

"Species: 

Redfish 

Zone  Va (Icelandic waters) 

Sebastes spp. 

RED/05A-IS 

Belgium 

100 

(1)(2) 

Germany 

1 690 

(1)(2) 

France 

50 

(1)(2) 

United Kingdom 

1 160 

(1)(2) 

EC 

3 000 

(1)(2) 

TAC 

Not relevant 

__________ 

(1) 

Including unavoidable by-catches (cod not allowed). 

To  be  fished  between  July  and 

(2) 
December." 

(3) 

In Annex IIA: 

(a)  Point 3 is replaced by the following: 

"3. Definition of days present within an area 

For the purpose of this Annex, a day present within an area shall be any continuous 
period  of  24  hours  (or  part  thereof)  during  which  a  vessel  is  present  within  the 
geographical area defined in point 2 and absent from port. The time from which the 
continuous period is measured is at the discretion of the Member State whose flag is 
flown by the vessel concerned." 

(b)  Point 8.1.(i) is replaced by the following: 

"(i)  The vessel shall have been present in the area in the year 2003, 2004 or 2005 
with  fishing  gear  on  board  referred  to  in  point  4.b.  In  2006  the  quantities  of  cod 
retained  on  board  shall  represent  less  than  5%  of  the  total  landings  of  all  species 
made  by  the  vessel  according  to  the  landings  in  live  weight  recorded  in  the 
Community logbook. During a management period when a vessel is making use of 
this provision the vessel may not at any time carry on board fishing gear other than 
that specified in points 4.b.iii or 4.b.iv." 

EN 

9 

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(c)  Point 13, table 1 is replaced by the following: 

"Table I 
Maximum days a vessel may be present in 2006 within an area by fishing gear 

Gear 
group 
Point 4 

Special 
condition 
Point 8 

4.a.i  

4.a.ii 

4.a.iii 

4.a.iv 

4.a.v 

4.a.iii 

8.1.(a) 

4.a.iv 

8.1.(a) 

4.a.v 

8.1.(a) 

4.a.v. 

8.1.(j) 

4.a.ii 

8.1.(b) 

4.a.iii 

8.1.(b) 

Denomination1 

2.a 

2.b 

2.c 

2.d 

Areas as defined in point: 

Kattegat 

Trawls or Danish seines with mesh size 
≥16 and <32 mm 

2282  

 1 – Skaggerak 
 2 – II, IVa,b,c, 
 3 – VIId 
1 
2 
2282 

3 

VIIa 

VIa 

228 

228 

Trawls or Danish seines with mesh size 
≥70 and <90 mm  

n.r. 

n.r. 

227 

227 

227 

Trawls or Danish seines with mesh size 
≥90 and <100 mm  

Trawls or Danish seines with mesh size 
≥100 and <120 mm 

Trawls or Danish seines with mesh size 
≥120 mm 

Trawls or Danish seines with mesh size 
≥90  and  <100  mm  with  a  120  mm 
square mesh window 

Trawls or Danish seines with mesh size 
≥100  and  <120  mm  with  a  120  mm 
square mesh window 

Trawls or Danish seines with mesh size 
≥120  mm  with  a  120  mm  square  mesh 
window 

Trawls or Danish seines with mesh size 
≥120  mm  with  a  140  mm  square  mesh 
window 

Trawls or Danish seines with mesh size 
≥70  and  <90  mm  complying  with  the 
conditions laid down in Appendix 2 

Trawls or Danish seines with mesh size 
≥90and  <100  mm  complying  with  the 
conditions laid down in Appendix 2 

103  

103   227  

227 

227 

103  

103  

114 

91 

103  

103  

114 

91 

137 

137  227 

227 

227 

137 

137  103 

114 

91 

137 

137  103 

114 

91 

149 

149  115 

126 

103 

Unlimited  Unlimited 

Unl. 

Unl. 

Unlimited  Unlimited 

Unl. 

Unl. 

EN 

10 

   EN 

 
 
 
 
 
 
 
4.a.iv 

8.1.(c) 

4.a.v 

8.1.(c) 

4.a.iv 

8.1.(k) 

4.a.v 

8.1.(k) 

4.a.v 

8.1.(h) 

4.a.ii 

8.1.(d) 

4.a.iii 

8.1.(d) 

4.a.iv 

8.1.(d) 

4.a.v 

8.1.(d) 

4.a.v 

8.1.(h) 

8.1.(j) 

Trawls or Danish seines with mesh size 
≥100  and  <120  mm  track  records  shall 
represent less than 5% of cod 

Trawls or Danish seines with mesh size 
≥120  mm  track  records  shall  represent 
less than 5% of cod 

Trawls or Danish seines with mesh size 
≥100  and  <120  mm  track  records  shall 
represent less than 5% of cod and more 
than 60% of plaice 

Trawls or Danish seines with mesh size 
≥120  mm  track  records  shall  represent 
less than 5% of cod and more than 60% 
of plaice 

148 

148 

148 

148 

160 

160 

160 

160 

n.r. 

n.r. 

166 

n.r. 

n.r. 

n.r. 

178 

n.r. 

Trawls or Danish seines with mesh size 
≥120  mm  operating  under  a  system  of 
fishing 
automatic 
licences 

suspension 

of 

Trawls or Danish seines with mesh size 
records 
≥70  and  <90  mm 
represent less than 5% of cod, sole and 
plaice 

track 

Trawls or Danish seines with mesh size 
≥90  and  <100  mm 
records 
represent less than 5% of cod, sole and 
plaice 

track 

Trawls or Danish seines with mesh size 
≥100  and  <120  mm 
track  records 
represent less than 5% of cod, sole and 
plaice 

Trawls or Danish seines with mesh size 
>120  mm  track  records  represent  less 
than 5% of cod, sole and plaice 

Trawls or Danish seines with mesh size 
>120  mm  with  a  140  mm  square  mesh 
window  and  operating  under  a  system 
of  automatic  suspension  of  fishing 
licenses 

115 

115 

126 

103 

280 

280 

280 

280 

Unlimited  Unl.  280 

280 

280 

Unlimited  Unlimited 

Unl. 

Unl. 

Unlimited  Unlimited 

Unl. 

Unl. 

n.r. 

n.r.   127 

138 

115 

4.b.i 

4.b.ii 

Beam 
≥80 and < 90 mm 

trawls  with  mesh 

Beam 
≥90 and < 100 mm 

trawls  with  mesh 

size 

n.r. 

1432 

Unl.  143 

1432 

size 

n.r. 

1432  

Unl.  143 

1432 

EN 

11 

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4.b.iii 

Beam 
≥100 and < 120 mm 

trawls  with  mesh 

size 

n.r. 

143  

Unl.  143 

143 

4.b.iv 

Beam trawls with mesh size ≥ 120 mm 

n.r. 

4.b.iii  8.1.(c) 

Beam 
size 
trawls  with  mesh 
≥100and  <  120  mm  track  records  shall 
represent less than 5% of cod 

n.r. 

143  

155 

Unl.  143 

Unl.  155 

143 

155 

4.b.iii  8.1 (i) 

4.b.iv 

8.1.(c) 

4.b.iv 

8.1 (i) 

4.b.iv 

8.1.(e) 

4.c.i 

4.c.ii 

4.c.iii 

4.d 

Beam trawls with mesh size ≥100 and < 
120mm  for  vessels  having  used  beam 
trawls in 2003, 2004 or 2005. 

Beam trawls with mesh size ≥ 120 mm 
track  records  shall  represent  less  than 
5% of cod 

Beam  trawls  with  mesh  size  ≥  120mm 
for  vessels  having  used  beam  in  2003, 
2004 or 2005. 

Beam trawls with mesh size ≥ 120 mm 
track  records  shall  represent  less  than 
5% of cod and more than 60% of plaice 

Gillnets  and  entangling  nets  with  mesh 
sizes: 

● < 110 mm 

● ≥110 mm and < 220 mm 

● ≥ 220 mm 

and trammel nets 

4.c.iii 

8.1.(f) 

4.d 

8.1.(g) 

Gillnets  and  entangling  nets  with  mesh 
size  ≥  220  mm  track  records  shall 
represent less than 5% of cod and more 
than 5% of turbot and lumpsucker 

Trammel  nets  with  mesh  size  <  110 
mm. The vessel shall be absent from the 
port no more than 24 h. 

n.r. 

155 

Unl.  155 

155 

n.r. 

155 

Unl.  155 

155 

n.r. 

155 

Unl.  155 

155 

n.r. 

155 

Unl.  155 

155 

140  

140  

140  

140  

162 

140   162 

140   140  

140  

140 

140 

205  140 

140 

4.e 

Long-lines 

173  

173  

173  

173  

1 Only the denominations in points 4 and 8 are used. 

2 Application of Regulation (EC) No 850/98 where restrictions exist. 

n.r. means non relevant" 

EN 

12 

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(d)  Point 14.3 is replaced by the following: 

"14.3.  For  the  purposes  of  this  Annex  and  referring  to  the  areas  defined  in  point  2 
and the groupings of fishing gears defined in point 4, the following transfer groups 
are defined: 

a) 

b) 

c) 

grouping of fishing gears 4.a.i within any area; 

groupings  of  fishing  gears  4.a.ii  within  any  area  and  4.a.iii  in  Area  IV, 
Divisions IIa (EC waters) VIa, VIIa and VIId; 

groupings  of  fishing  gears  4.a.iii  in  Kattegat  and  Skagerak,  4.a.iv  and 
4.a.v within any area; 

d) 

groupings of fishing gears 4.b.i, 4.b.ii, 4.b.iii, and 4.b.iv within any area; 

e) 

f) 

groupings of fishing gears 4.c.i, 4.c.ii, 4.c.iii and 4.d within any area; 

grouping of fishing gears 4.e within any area." 

(e)  Point 14.6 is replaced by the following: 

"14.6. On request from the Commission, Member States shall provide information on 
the  transfers  that  have  taken  place.  With  the  purpose  of  making  this  information 
available  to  the  Commission,  a  detailed  format  of  spreadsheet  may  be  adopted,  in 
accordance  with  the  procedure  laid  down  in  Article  30(2)  of  Regulation  (EC)  No 
2371/2002." 

(f) 

Point 17.2 is replaced by the following: 

"17.2. Where the master of a vessel or his representative notifies the use of more than 
one of the groupings of fishing gears defined under point 4, the total number of days 
available  during  the  forthcoming  management  period  shall  be  no  more  than  the 
arithmetic mean of the days which the vessel is eligible for each gear, rounded down 
to the nearest whole day. It shall not be permitted to change from one gear to another 
if the total number of days already spent at sea using any of the gears notified equals 
or exceeds the number of days laid down in Table I for the gear to be deployed in the 
area concerned." 

(g)  Point 17.4 is replaced by the following: 

"17.4. Inspection and surveillance at sea and in port by the competent authorities shall 
be undertaken for verification of compliance with the above two requirements. Any 
vessel  found  not  to  be  complying  with  these  requirements  shall  with  immediate 
effect no longer be permitted to use more than one grouping of fishing gears." 

EN 

13 

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(h)  Point 25 is replaced by the following: 

"25. Communication of relevant data 

25.1.  On  request  of  the  Commission,  Members  States  shall  make  available  to  the 
Commission  a  spreadsheet  with  the  data  referred  to  in  point  24  in  the  format 
specified  in  Tables  II  and  III  by  sending  it  to  the  appropriate  electronic  mailbox 
address, which shall be communicated to the Member States by the Commission. 

25.2.  A  new  format  of  spreadsheet  for  making  the  data  referred  to  in  point  24 
available to the Commission may be adopted in accordance with the procedure laid 
down in Article 30(2) of Regulation (EC) No 2371/2002." 

(4) 

In Annex IIB: 

(a)  Point 2 is replaced by the following: 

"2. Definition of days present within an area 

For the purpose of this Annex, a day present within an area shall be any continuous 
period  of  24  hours  (or  part  thereof)  during  which  a  vessel  is  present  within  the 
geographical area covering Divisions VIIc and IXa excluding the Gulf of Cadiz and 
absent  from  port.  The  time  from  which  the continuous period is measured is at the 
discretion of the Member State whose flag is flown by the vessel concerned." 

(b)  Point 12.4 is replaced by the following: 

"12.4. No transfer of days from vessels benefiting  from  the allocation referred to in 
point 7.1 is permitted." 

(c)  Point 12.5 is replaced by the following: 

"12.5. On request from the Commission, Member States shall provide information on 
the  transfers  that  have  taken  place.  Formats  of  spreadsheet  for  the  collection  and 
transmission  of  information  referred  to  in  the  present  point  may  be  adopted  in 
accordance  with  the  procedure  laid  down  in  Article  30(2)  of  Regulation  (EC)  No 
2371/2002." 

(d)  Point 20 is replaced by the following: 

"20.1. On  request  of  the  Commission,  Members  States  shall  make  available  to  the 
Commission  a  spreadsheet  with  the  data  referred  to  in  point  19  in  the  format 
specified  in  Tables  II  and  III  by  sending  it  to  the  appropriate  electronic  mailbox 
address, which shall be communicated to the Member States by the Commission. 

20.2.  A  new  format  of  spreadsheet  for  making  the  data  referred  to  in  point  19 
available to the Commission may be adopted in accordance with the procedure laid 
down in Article 30(2) of Regulation (EC) No 2371/2002." 

EN 

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(5) 

In Annex IIC: 

(a) 

In point 1 the following text is deleted: 

"Vessels fishing with static nets greater than 120 mm and with a track record in 2004 
of  less  than  300  kg  of  sole  shall  be  exempt  from  the  provisions  of  this  Annex  on 
condition that: 

(a) 

such vessels catch less than 300 kg in 2006, and 

(b) 

each  Member  State  concerned  makes  a  report  to  the  Commission  by 
31 July  2006  and  31  January  2007  on  these  vessels'  catches  of  sole  in 
2006." 

(b)  Point 2 is replaced by the following: 

"2. Definition of days present within an area 

For the purpose of this Annexe, a day present within an area shall be any continuous 
period  of  24  hours  (or  part  thereof)  during  which  a  vessel  is  present  within  the 
Division  VIIe  and  absent  from  port.  The  time  from  which  the  continuous  period  is 
measured is at the discretion of the Member State whose flag is flown by the vessel 
concerned." 

(c)  Point 7.1 is replaced by the following: 

"7.1.  For the purposes of fixing the maximum number of days a fishing vessel may 
be present within the area, the following special conditions shall apply, in accordance 
with Table I: 

(a) 

(b) 

(c) 

of  the  gear  groups  referred  to  in  point  3  the  vessel  shall  only  carry  on 
board or deploy the gear defined in point 3.b with mesh sizes equal to or 
larger than 120mm; 

the total landings of live weight of sole in 2004 and 2006 as recorded in 
the  Community  logbook  by  the  vessel  concerned  shall  be  less  than 
300kg; 

each Member State for each vessel flying its flag shall provide a report to 
the Commission by 31 July 2006 and 31 January 2007 on the catches of 
sole in 2006." 

EN 

15 

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(d)  Table I is replaced by the following: 

"Table I 
Maximum number of days a vessel may be present within the area by fishing gear per year 

Gear  group 
point 3 

Special 
conditions 
point 7 

Denomination1 

Western Channel 

3.a. 

3.b. 

3.b. 

Beam trawls of mesh size ≥80 mm 

216 

Static nets with mesh size <220 mm 

216 

7.1. 

Static nets with mesh size ≥120 mm; 

Unlimited 

Less than 300 kg of sole per year; 

Obligatory  report  on  catches  of  sole  in 
2006 

1 Only the denominations in points 3 and 7 are used." 

(e)  Point 12.4 is replaced by the following: 

"12.4. No transfer of days from vessels benefiting  from the allocation referred to in 
point 7.1 is permitted." 

(f)  A new point 12.5 is inserted: 

"12.5. On request from the Commission, Member States shall provide reports on the 
transfers  that  have  taken  place.  A  detailed  format  of  spreadsheet  for  making  these 
reports  available  to  the  Commission  may  be  adopted  in  accordance  with  the 
procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002." 

(g)  Point 17 is replaced by the following:  

"17. Fishing effort messages 

Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to 
vessels  carrying  on  board  the  fishing  gears  defined  in  point  3  and  operating  in  the 
area  defined  in  point  1.  Vessels  equipped  with  vessel  monitoring  systems  in 
accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded 
from these hailing requirements." 

(h)  Point 28 is replaced by the following: 

"28. Communication of relevant data 

28.1.  On  request  of  the  Commission,  Members  States  shall  make  available  to  the 
Commission  a  spreadsheet  with  the  data  referred  to  in  point  27  in  the  format 
specified  in  Tables  II  and  III  by  sending  it  to  the  appropriate  electronic  mailbox 
address, which shall be communicated to the Member States by the Commission. 

EN 

16 

   EN 

 
 
 
 
28.2.  A  new  format  of  spreadsheet  may  be  adopted  for  the  purpose  of  making  the 
data  referred  to  in  point  27  available  to  the  Commission  may  be  adopted  in 
accordance  with  the  procedure  laid  down  in  Article  30(2)  of  Regulation  (EC)  No 
2371/2002." 

(6) 

In Annex IID: 

(a)  The title of the annex is replaced by the following: 

"FISHING  EFFORT  FOR  VESSELS  FISHING  FOR  SANDEEL  IN  THE 
SKAGERRAK, SUBAREA IV AND DIVISION IIA" 

(b)  Point 1 is replaced by the following: 

"1.  The  conditions  laid  down  in  this  Annex  shall  apply  to  Community  vessels 
fishing  in  the  Skagerrak,  Division  IIa  (EC  waters)  and  Subarea  IV  with  demersal 
trawl, seine or similar towed gears with a mesh size of less than 16 mm." 

(c)  Point 3 is replaced by the following: 

"3.  Each Member State concerned shall, not later than 1 March 2006, establish a 
data base containing for Subarea IV and the Skagerrak, for each of the years 2002, 
2003 and 2004 and for each vessel flying its flag or registered within the Community 
which  have  been  fishing  with  demersal  trawl,  seine  or  similar  towed  gears  with  a 
mesh size of less than 16 mm, the following information: 

(a) 

the name and internal registration number of the vessel; 

(b) 

(c) 

(d) 

the  installed  engine  power  of  the  vessel  in  kilowatts  measured  in 
accordance with Article 5 of Regulation (EEC) No 2930/86; 

the  number  of  days  present  within  the  area  when  fishing  with  demersal 
trawl, seine or similar towed gear with a mesh size of less than 16 mm; 

the kilowatt-days as the product of the number of days present within the 
area and the installed engine power in kilowatts." 

(d)  Point 6 is replaced by the following: 

"6.  The maximum number of kilowatt-days referred to in point 5 and the TAC and 
quotas for sandeel in the Skagerrak and zones IIa (EC waters) and IV (EC waters) as 
laid down in Annex I to this Regulation shall be revised by the Commission as early 
as  possible  based  on  advice  from  the  STECF  on  the  size  of  the  2005  year  class  of 
North Sea sandeel, in accordance with the following rules: 

(a)  where  STECF  estimates  the  size  of  the  2005  year  class  of  North  Sea 
sandeel  to  be  at or  above  500 000  million  individuals  at  age  0,  no 
restrictions in kilowatt-days shall apply for the remaining of 2006 and the 
TAC for 2006 shall be fixed at 600 000 tonnes; 

EN 

17 

   EN 

 
(b)  where  STECF  estimates  the  size  of  the  2005  year  class  of  North  Sea 
sandeel to be between 300 000 million and 500 000 million individuals at 
age 0, the number of kilowatt-days shall not exceed the level in 2003 as 
calculated in point 4(a) and the TAC for 2006 shall be fixed at 300 000 
tonnes; 

(c)  where  STECF  estimates  the  size  of  the  2005  year  class  of  North  Sea 
sandeel  to  be  below 300 000  million  individuals  at  age  0,  fishing  with 
demersal trawl, seine or similar towed gears with a mesh size of less than 
16 mm shall be prohibited for the remainder of 2006. However, a limited 
fishery  shall  be  allowed  in  order  to  monitor  the  sandeel  stocks  in  the 
Skagerrak and Subarea IV and the effects of the closure. To this end the 
Member  States  concerned  shall,  in  cooperation  with  the  Commission, 
develop a plan for the monitoring fishery." 

(7) 

In Annex III: 

Point 13 is replaced by the following: 

"13.  Vessels  engaged  in  illegal,  unreported  and  unregulated  fisheries  in  the 
North-East Atlantic 

13.1.  The  Commission  shall  without  delay  inform  Member  States  of  vessels  flying 
flags  of  non-contracting  Parties  to  the  Convention  on  Future  Multilateral  Co-
operation  in  North-East  Atlantic  Fisheries  (the  Convention)  that  have  been  sighted 
engaging in fishing activities in the Regulatory Area of the Convention and placed by 
the  North-East  Atlantic  Fisheries  Commission  (NEAFC)  on  a  provisional  list  of 
vessels that are being presumed to be undermining the Recommendations established 
under the Convention. The following measures shall apply to these vessels: 

(a) 

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 the Convention. 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 the 
vessels or participate in any transhipment or joint fishing operations with 
the vessels; 

(c) 

the  vessels  shall  not  be  supplied  in  ports  with  provisions,  fuel  or  other 
services. 

that  have  been  placed  by 

the  North-East  Atlantic  Fisheries 
13.2.  Vessels 
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  4.  In  addition  to  the  measures  referred  to  in  point  13.1  the  following 
measures shall apply to these vessels: 

EN 

18 

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(a) 

IUU vessels shall be prohibited to enter a Community port; 

(b) 

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

(c) 

imports of fish coming from IUU vessels shall be prohibited; 

(d)  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. 

13.3.  The Commission shall amend the list of IUU vessels to be in accordance with 
the NEAFC IUU list as soon as NEAFC adopts a new IUU list." 

EN 

19 

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(8) 

In Annex IV, Part I is replaced by the following: 

"PART I 

Quantitative limitations of licences and 

fishing permits for Community vessels fishing in 

Area of 
fishing 

Norwegian 
waters and 
fishery zone 
around Jan 
Mayen 

third country waters 

Fishery 

Number 
of 
licences

Allocation of 
licences 
amongst 
Member States 

Maximum 
number of 
vessels 
present at 
any time 

Herring, North of 62°00'N 

77 

Demersal species, North of 62°00'N 

80 

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

11 

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

19 

55 

50 

DK:  26,  DE:  5, 
FR:  1,  IRL:  7, 
NL:  9,  SW:  10, 
UK: 17, PL: 1 

FR:  18,  PT:  9, 
DE:  16,  ES:  20, 
UK:  14,  IRL:  1, 
PL: 1 

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

not 
relevant 

not 
relevant 

(1) This allocation is valid for purse and trawl fisheries. 

EN 

20 

   EN 

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

11(2)  DK: 11 

not 
relevant 

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 

8(3) 

70 

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 

the 
Trawling  outside  21  miles  from 
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.  

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

150 

13 

4 

26 

(2) 
(3) 

To be selected from the 11 licences for purse seine fishery for mackerel South of 62°00'N. 
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". 

EN 

21 

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ling  with  a 
Trawl  fisheries  for  blue 
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  between  60°30'N,  7°00'W 
and 60°00'N, 6°00'W. 

Directed  trawl  fishery  for  saithe  with  a 
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 

Waters of the 
Russian 
Federation 

All fisheries 

Fisheries for cod 

Fisheries for sprat 

70 

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

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

UK: 10 

DK: 12 

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

70 

34 

10 

12 

21 

pm 

7(6) 

pm 

20(5) 

22(5) 

20 

6 

12 

21 

pm 

pm 

pm" 

(4) 
(5) 
(6) 

These figures refer to the maximum number of vessels present at any time. 
These figures are included in the figures for 'Trawling outside 21 miles from the Faroese baselines'. 
Applies only to vessels flying the flag of Latvia. 

EN 

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ANNEX II 

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

The entry concerning the species Roundnose grenadier in zone III (Community waters and 
international waters) is replaced by the following:  

"Species: 

Roundnose grenadier Zone: 

 Coryphaenoides 
rupestris 

III  (Community  waters  and  waters  not 
under the sovereignty or jurisdiction of third 
countries) 

Denmark 

Germany 

Sweden 

EC 

2612  

15  

134  

2761"  

EN 

23 

   EN