Proposal for a Council Regulation amending Regulations (EC) No 2015/2006 and (EC) No 41/2007, as regards fishing opportunities and associated conditions for certain fish stocks
Date: 2007-10-05
Institutions: European Commission
Subjects: Norway, authorised catch, catch quota, common fisheries policy, fishery management, fishing area, fishing controls, fishing regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.10.2007 
COM(2007) 570 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulations (EC) No 2015/2006 and (EC) No 41/2007, as regards fishing 
opportunities and associated conditions for certain fish stocks 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council Regulation (EC) No 2015/20061 fixes for 2007 and 2008 the fishing opportunities for 
Community fishing vessels for certain deep-sea fish stocks.  

The North East Atlantic Fisheries Commission (NEAFC) at its extraordinary meeting in June 
2007 decided to extend the recommendations on a prohibition to fish for orange roughy in the 
NEAFC Regulatory Area during the second half of 2007. These recommendations should be 
implemented in Community law.  

Council Regulation (EC) No 41/2007 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 20072.  

Pursuant  to  consultations  between  the  Community  and  Iceland  on  28  March  2007  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  before  30  April  2007,  and  for  Community  vessels  fishing  for 
Redfish in the Icelandic Exclusive Economic Zone to be fished between July and December. 
This arrangement should be implemented in Community law.  

The  conditions  applying  to  the  fishery  in  certain  zones  for  a  number  of  TACs  need  to  be 
clarified as regards by-catches and to ensure the correct application of the Agreement of 19 
December  1966  between  Norway,  Denmark  and  Sweden  on  mutual  access  to  fishing  in  the 
Skagerrak and the Kattegat. An amendment is therefore required. 

The North East Atlantic Fisheries Commission (NEAFC) at its extraordinary meeting in June 
2007  adopted  recommendations  on  conservation  and  management  measures  in  the  NEAFC 
Regulatory  Area  in  2007  for  redfish  in  international  waters  of  ICES  zones  I  and  II.  These 
recommendations should be implemented in Community law.  

Pursuant  to  written  consultations  between  the  Community  and  the  Faroe  Islands,  agreement 
was reached on access as regards Herring in EC and international waters of ICES zones I and 
II. This arrangement should be implemented in Community law.  

The conditions for replaced or withdrawn vessels in relation the allocation of additional days 
for  permanent  cessation  of  fishing  activities  should  be  clarified,  as  the  reference  to  certain 
vessels concerned by fishing effort limitations is indicated incorrectly. 

The derogation from hailing requirements in Annexes IIA, IIB and IIC to Regulation (EC) No 
41/2007  for  vessels  equipped  with  vessel  monitoring  systems  in  relation  to  fishing  effort 
messages should be clarified.  

The title of Annex IIB to Council Regulation (EC) No 41/2007 should be corrected to ensure 
consistency with the scope of this Annex.  

The  indication  of  the  length  of  passive  gears  should  be  changed  from  2.5  kilometres  to  5 
nautical miles to ensure that safety in handling the nets is not impaired in view of the existing 

1 
2 

OJ L 384, 29.12.2006, p. 28 
OJ L 15, 15.1.2007, p. 1 

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rules  for  the  marking  and  identification  of  passive  fishing  gear  in  Commission  Regulation 
(EC)  No  356/2005  of  1  March  2005  laying  down  detailed  rules  for  the  marking  and 
identification of passive fishing gear and beam trawls3 and certain specific rules on the use of 
gillnets. 

The integration of environmental protection requirements into the Common Fisheries Policy 
calls  for  the  adoption  of  measures  to  minimise  the  impact  of  fishing  activities  on  marine 
ecosystems.  According  to  recent  scientific  information,  and  in  particular  reports  of  the 
International  Council  for  the  Exploration  of  the  Sea  (ICES),  highly  sensitive  deep-water 
habitats  have  been  found  and  mapped  off  the  West  and  South-West  coast  of  Ireland.  Those 
habitats  host  important  and  highly  diverse  biological  communities  and  are  considered  to 
require priority protection. In particular, they are defined as habitats of Community interest in 
Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna 
and  flora.  Recovery  from  damage  to  these  habitats  produced  by  active  and  passive  fishing 
gear is either impossible or very difficult and slow. All fishing in the areas in question should 
therefore  be  prohibited.  Until  permanent  protection  measures  are  in  place,  it  is  therefore 
appropriate to ban all fishing in the areas in question. 

The present proposal intends to introduce the necessary amendments to Regulations (EC) No 
2015/2006 and (EC) No 41/2007.  

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. 

3 

OJ L 56, 2.3.2005, p. 8. Regulation as last amended by Commission Regulation (EC) No 1805/2005. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulations (EC) No 2015/2006 and (EC) No 41/2007, 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 
Policy4, 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 stocks5, and in particular Article 8 thereof, 

Having regard to the proposal from the Commission6, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

4 
5 
6 
7 

8 

Council  Regulation  (EC)  No  2015/20067  fixes  for  2007  and  2008  the  fishing 
opportunities for Community fishing vessels for certain deep-sea fish stocks.  

The North East Atlantic Fisheries Commission (NEAFC) at its extraordinary meeting 
in  June  2007  decided  to  extend  the  recommendations  on  a  prohibition  to  fish  for 
orange roughy in the NEAFC Regulatory Area during the second half of 2007. These 
recommendations should be implemented in Community law.  

Council  Regulation  (EC)  No  41/20078  fixes  for  2007  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 consultations between the Community and Iceland on 28 March 2007 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  before  30  April  2007,  and  for  Community 
vessels  fishing  for  Redfish  in  the  Icelandic  Exclusive  Economic  Zone  to  be  fished 

OJ L 358, 31,12,2002, p. 59 
OJ L 70, 9.3.2004, p. 8. 
OJ C, p. 
OJ L 384, 29.12.2006, p. 28. Regulation as last amended by Regulation (EC) No 754/2007 (OJ L 172, 
30.6.2007, p. 26). 
OJ L 15, 20.1.2007, p.1. Regulation as last amended by Regulation (EC) No 754/2007.  

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between July and December. This arrangement should be implemented in Community 
law.  

The conditions applying to the fishery in certain zones for a number of TACs need to 
be  clarified  as  regards  by-catches  and  to  ensure  the  correct  application  of  the 
Agreement of 19 December 1966 between Norway, Denmark and Sweden on mutual 
access  to  fishing  in  the  Skagerrak  and  the  Kattegat.  An  amendment  is  therefore 
required. 

Pursuant  to  written  consultations  between  the  Community  and  the  Faroe  Islands, 
agreement was reached on access as regards Herring in EC and international waters of 
ICES zones I and II. This arrangement should be implemented in Community law. 

The North East Atlantic Fisheries Commission (NEAFC) at its extraordinary meeting 
in June 2007 adopted recommendations on conservation and management measures in 
the NEAFC Regulatory Area in 2007 for redfish in international waters of ICES zones 
I and II. These recommendations should be implemented in Community law.  

The  conditions  for  replaced  or  withdrawn  vessels  in  relation  the  allocation  of 
additional days for permanent cessation of fishing activities should be clarified, as the 
reference  to  certain  vessels  concerned  by  fishing  effort  limitations  is  indicated 
incorrectly.  

The derogation from hailing requirements in Annexes IIA, IIB and IIC to Regulation 
(EC)  No  41/2007  for  vessels  equipped  with  vessel  monitoring  systems  in  relation  to 
fishing effort messages should be clarified.  

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  The title of Annex IIB to Council Regulation (EC) No 41/2007 should be corrected to 

ensure consistency with the scope of this Annex.  

(11)  The indication of the length of passive gears should be changed from 2.5 kilometres to 
5 nautical miles to ensure that safety in handling the nets is not impaired in view of the 
existing rules for the marking and identification of passive fishing gear in Commission 
Regulation  (EC)  No  356/2005  of  1  March  2005  laying  down  detailed  rules  for  the 
marking  and  identification  of  passive  fishing  gear  and  beam  trawls9  and  certain 
specific rules on the use of gillnets.  

(12)  The integration of environmental protection requirements into the Common Fisheries 
Policy calls for the adoption of measures to minimise the impact of fishing activities 
on marine ecosystems. According to recent scientific information, and in particular the 
reports  of  the  International  Council  for  the  Exploration  of  the  Sea  (ICES),  highly 
sensitive  deep-water  habitats  have  been  found  and  mapped  off  the  West  and  South-
West  coast  of  Ireland.  Those  habitats  host  important  and  highly  diverse  biological 
communities  and  are  considered  to  require  priority  protection.  In  particular,  they  are 
defined as habitats of Community interest in Directive 92/43/EC of 21 May 1992 on 
the  conservation  of  natural  habitats  and  of  wild  fauna  and  flora10.  Recovery  from 
damage  to  these  habitats  produced  by  active  and  passive  fishing  gear  is  either 
impossible  or  very  difficult  and  slow.  All  fishing  in  the  areas  in  question  should 

9 
10 

OJ L 56, 2.3.2005, p. 8. Regulation as amended by Commission Regulation (EC) No 1805/2005. 
OJ L 206, 22.7.1992, p. 7. 

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therefore  be  prohibited.  Until  permanent  protection  measures  are  in  place,  it  is 
therefore appropriate to ban all fishing in the areas in question. 

(13)  Regulations  (EC)  No  2015/2006  and  (EC)  No  41/2007  should  therefore  be  amended 

accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1  
Amendments to Regulation (EC) No 2015/2006 

Part 2 of the Annex to Regulation (EC) No 2015/2006 is amended in accordance with Annex I 
to this Regulation. 

Article 2 
Amendments to Regulation (EC) No 41/2007 

Regulation (EC) No 41/2007 is amended as follows: 

(1) 

Article 10 is replaced by the following: 

"Article 10 

Access limits 

1.  No  fishing  by  Community  vessels  shall  take  place  in  the  Skagerrak  within  12 
nautical  miles  from  the  baselines  of  Norway.  However,  vessels  flying  the  flag  of 
Denmark  or  Sweden  shall  be  allowed  to  fish  up  to  four  nautical  miles  from  the 
baselines of Norway.  

2. 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 180°00'S; 

South Eastern Area 

1. 

2. 

63°14'N and 10°40'W, 

63°14'N and 11°23'W, 

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3. 

4. 

5. 

6. 

7. 

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 180°00'S." 

Annexes IA, IB, IIA, IIB, IIC and III to Regulation (EC) No 41/2007 are amended in 

(2) 
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 

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ANNEX I 

In the Annex to Regulation (EC) No 2015/2006, Part 2 is amended as follows: 

(1) 

The  entry  concerning  the  species  Orange  roughy  in  ICES  zone  VI  (Community 
waters  and  waters  not  under  the  sovereignty  or  jurisdiction  of  third  countries)  is 
replaced by the following: 

"Species: 

Orange roughy 

Zone: 

VI (Community waters) 

Year 
Spain 
France 
Ireland 
United Kingdom 
EC 

 Hoplostethus atlanticus 

2007 
 5 
 30 
 5 
 5 
 45 

2008  
 3  
 15  
 3  
 3  
 22"  

(2) 
The entry concerning the species Orange roughy in ICES zone VII (Community waters 
and  waters  not  under  the  sovereignty  or  jurisdiction  of  third  countries)  is  replaced  by  the 
following 

"Species: 

Orange roughy 

Zone: 

VII (Community waters) 

Year 
Spain 
France 
Ireland 
United Kingdom 
Others (1) 
EC 

 Hoplostethus atlanticus 

2007 
 1 
 131 
 39 
 1 
 1 
 174 

2008  
 1  
 64  
 19  
 1  
 1  
 86"  

(1)  Exclusively  for  by-catches.  No  directed  fisheries 
are permitted under this quota. 

(3) 

The  entry  concerning  the  species  Orange  roughy  in  Community  waters  and  waters 
not  under  the  sovereignty  or  jurisdiction  of  third  countries  of  ICES  zones  I,  II,  III, 
IV, V, VIII, IX, X, XI, XII and XIV is replaced by the following: 

"Species: 

Orange roughy 

Zone: 

Community  waters  of I,  II,  III,  IV,  V,  VIII,  IX,  X, 
XI, XII and XIV 

Year 
Spain 
France 
Ireland 
Portugal 
United Kingdom 
EC 

 Hoplostethus atlanticus 

2007 
 4 
 21 
 5 
 6 
 4 
 40 

2008  
 2  
 10  
 3  
 3  
 2  
 20"  

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ANNEX II 

The Annexes to Regulation (EC) No 41/2007 are amended as follows: 

(1) 

In Annex IA:  

The  entry  concerning  the  species  Ling  in  ICES  zone  IIIa  and  in  EC  waters  of  ICES 

(a) 
zones IIIb, IIIc and IIId is replaced by the following: 

"Species: 

Ling 

Zone: 

IIIa; EC waters of IIIb, IIIc and IIId  

Molva molva 

Belgium 

Denmark 

Germany 

Sweden 

United Kingdom 

EC 

(1) 

(1) 

 8 

 62 

 8 

 24 

 8 

109 

LIN/03. 

Precautionary TAC 

Article 3 of Regulation (EC) No 847/96 applies. 

Article 4 of Regulation (EC) No 847/96 does not apply. 

Article 5(2) of Regulation (EC) No 847/96 applies. 

(1) 

Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only." 

The entry concerning the species Norway lobster in ICES zone IIIa and in EC waters 

(b) 
of ICES zones IIIb, IIIc and IIId is replaced by the following: 

"Species: 

Norway lobster 

Zone: 

IIIa; EC waters of IIIb, IIIc and IIId  

Denmark 

Germany 

Sweden 

EC 

TAC 

Nephrops norvegicus 

NEP/3A/BCD 

3 800 

Analytical TAC 

 11 

(1) 

Article 3 of Regulation (EC) No 847/96 does not apply. 

1 359 

5 170 

5 170 

Article 4 of Regulation (EC) No 847/96 does not apply. 

Article 5(2) of Regulation (EC) No 847/96 applies. 

(1) 

Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only." 

The entry concerning the species Common sole in ICES zone IIIa and in EC waters of 

(c) 
ICES zones IIIb, IIIc and IIId is replaced by the following: 

"Species: 

Common sole 

Zone: 

IIIa, EC waters of IIIb, IIIc and IIId  

Solea solea 

SOL/3A/BCD 

Denmark 

Germany 

The Netherlands 

755 

44 

73 

(1) 

(1) 

Analytical TAC 

Article 3 of Regulation (EC) No 847/96 applies. 

Article 4 of Regulation (EC) No 847/96 applies. 

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Sweden 

EC 

TAC 

28 

900 

900 

Article 5(2) of Regulation (EC) No 847/96 applies. 

(1) 

Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only." 

The  entry  concerning  the  species  Spurdog/dogfish  in  ICES  zone  IIIa;  EC  and 

(d) 
international waters of ICES zones I, V, VI, VII, VIII, XII and XIV is replaced by the following: 

"Species: 

Spurdog/dogfish 

Zone: 

Squalus acanthias 

IIIa;  EC  and  international  waters  of  I,  V,  VI, 
VII, VIII, XII and XIV  

EC 

TAC 

2 828 

2 828 

 (1) (2) 

(1) 

DGS/135X14 

Precautionary TAC 

Article 3 of Regulation (EC) No 847/96 applies. 

Article 4 of Regulation (EC) No 847/96 does not apply. 

Article 5(2) of Regulation (EC) No 847/96 applies. 

(1) 

(2) 

By-catch quota. These species shall not comprise more than 5% by live weight of the catch retained on 
board. 
Only Denmark and Sweden may fish in Norwegian waters of ICES zone IIIa" 

(e)  The  entry  concerning  the  species  Norway  pout  in  ICES  zone  IIIa  and  in  EC 

waters of ICES zones IIa and IV is replaced by the following: 

"Species: 

Norway pout 

Zone:  

IIIa; EC waters of IIa and IV  

Trisopterus esmarki 

NOP/2A3A4. 

Denmark 

Germany 

The Netherlands 

EC 

Norway 

TAC 

(1) 

(1) 

0 

0 

0 

0 

Analytical TAC 

Article 3 of Regulation (EC) No 847/96 does not apply. 

Article 4 of Regulation (EC) No 847/96 does not apply. 

Article 5(2) of Regulation (EC) No 847/96 applies. 

1 000 

(2)(3) 

Not relevant 

(1) 
(2) 
(3) 

Quota may be fished in EC waters of ICES zones IIa, IIIa, and IV only. 
This quota may be fished in ICES zoneVIa North of 56°30'N. 
Only as by-catches." 

(2) 

In Annex IB: 

(a) The entry concerning the species Herring in EC and international waters of ICES zones I 

and II is replaced by the following: 

"Species: 

Herring  
Clupea harengus 

Zone: 

EC and International waters of I and II  
HER/1/2. 

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Belgium 
Denmark 
Germany 
Spain 
France 
Ireland 
The Netherlands 
Poland 
Portugal 
Finland 
Sweden 
United Kingdom 
EC 

Norway 
Faroe Islands 

TAC 
__________ 
(1) 

Analytical TAC 
Article 3 of Regulation (EC) No 847/96 does not apply. 
Article 4 of Regulation (EC) No 847/96 does not apply. 
Article 5(2) of Regulation (EC) No 847/96 applies. 

 30  
28 550  
5 000  
 94  
1 232  
7 391  
10 217  
1 445  
 94  
 442  
10 580  
18 253  
83 328  

74 995 (1) 
10 834 (1) 

1 280 000 

Catches taken against this quota are to be deducted from Norway's and the Faroe Islands' share of 
the TAC (access quota). This quota may be fished in EC waters north of 62°N 

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 north of 62° N and the 
fishery zone around Jan Mayen 
(HER/*2AJMN) 
 30 (2) 
28 550 (2) 
5 000 (2) 
 94 (2) 
1 232 (2) 
7 391 (2) 
10 217 (2) 
1 445 (2) 
 94 (2) 
 442 (2) 
10 580 (2) 
18 253 (2) 

Belgium 
Denmark 
Germany 
Spain 
France 
Ireland 
The Netherlands 
Poland 
Portugal 
Finland 
Sweden 
United Kingdom 

(2)  When the sum of the catches of all Member States have reached 74 995 tonnes no further catches 

shall be permitted. 

Faroese waters of II and Vb, north of 62° 
(HER/*25B-F) 

Belgium 
Denmark 
Germany 
Spain 
France 
Ireland 
The Netherlands 

 3  
3 712  
650  
 12  
159  
960  
1 329  

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Poland 
Portugal 
Finland 
Sweden 
United Kingdom 

187  
 12  
 56  
1 374  
2 374"  

(b)  The entry concerning the species Capelin in Greenland waters of ICES zones

 V and XIV is replaced by the following: 

"Species: 

Capelin 

Zone: 

Greenland waters of V and XIV 

Mallotus villosus 

CAP/514GRN 

All Member States 

0 

EC 

TAC 

(1) 

(2) 

28 490 

(1) (2) 

Not relevant 

Of which 28 490 tonnes are allocated to Iceland. 

To be fished before 30 April 2007." 

(c)  The following entry concerning the species Redfish in International waters of 
ICES zones I and II is inserted after the entry concerning Redfish in Norwegian 
waters of I and II: 

"Species: 

EC 

TAC 

Redfish 

Sebastes spp. 

Not relevant 

15 500 

(1) 

(2) 

Zone: 

International waters of ICES zones I and II 

RED/1/2INT 

Article 3 of Regulation (EC) No 847/96 does not apply. 

Article 4 of Regulation (EC) No 847/96 does not apply. 

Article 5(2) of Regulation (EC) No 847/96 applies. 

(1) 

(2) 

Fishing activities shall be restricted to those vessels which have previously been engaged in the redfish 
fishery in the NEAFC Regulatory Area.  
May be fished in the period 1 September to 15 November 2007. TAC includes all by-catches." 

(d)  The entry concerning the species Redfish in Icelandic waters of ICES zone Va 

is replaced by the following: 

"Species: 

Redfish 

Zone 

Icelandic waters of Va 

Sebastes spp. 

RED/05A-IS 

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Belgium 

Germany 

France 

100 

1 690 

50 

United Kingdom 

1 160 

EC 

3 000 

(1)(2) 

(1)(2) 

(1)(2) 

(1)(2) 

(1)(2) 

TAC 

Not relevant 

__________ 

(1) 

Including unavoidable by-catches (cod not allowed). 

(2) 

To be fished between July and December." 

(3) 

In Annex IIA: 

(a)  Point 10.1 is replaced by the following: 

"10.1.  An  additional  number  of  days  on  which  a  vessel  may  be  present  within  the 
area  when  carrying  on  board  any  of  the  gears  referred  to  in  point  4.1.  may  be 
allocated to Member States by the Commission on the basis of permanent cessations 
of fishing activities that have taken place since 1 January 2002. The effort expended 
in  2001  measured  in  kilowatt  days  of  the  withdrawn  vessels  using  the  gear  in 
question  in  the  relevant  area  shall  be  divided  by  the  effort  expended  by  all  vessels 
using that gear during 2001. The additional number of days shall then be calculated 
by multiplying the ratio so obtained by the number of days originally allocated. Any 
part  of  a  day  resulting  from  this  calculation  shall  be  rounded  to  the  nearest  whole 
day. This point shall not apply where a vessel has been replaced in accordance with 
point 5.1 or when the withdrawal has already been used in previous years to obtain 
additional days at sea." 

(b)  Point 22 is replaced by the following: 

"22. Fishing effort messages  

By  way  of  derogation  to  Article  9  of  Council  Regulation  (EC)  No  423/2004  of  26 
February  2004  establishing  measures  for  the  recovery  of  cod  stocks11,  vessels 
equipped  with  vessel  monitoring  systems  in  accordance  with  Article  5  and  6  of 
Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set 
out in Article 19c of Council Regulation (EC) No 2847/93." 

11  

OJ L 70, 9.3.2004, p. 8 

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(3) 

In Annex IIB: 

(a)  The title is replaced by the following: 

"FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE 
RECOVERY OF CERTAIN SOUTHERN HAKE AND NORWAY LOBSTER 
STOCKS IN ICES ZONES VIIIc AND IXa EXCLUDING THE GULF OF 
CADIZ" 

(b)  Point 9.1 is replaced by the following: 

"9.1.  An additional number of days on which a vessel may be present within the area 
when  carrying  on  board  any  of  the  groupings  of  fishing  gear  referred  to  in  point  3 
may  be  allocated  to  Member  States  by  the  Commission  on  the  basis  of  permanent 
cessation  of  fishing  activities  that  have  taken  place  since  1  January  2004  either  in 
accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other 
circumstances duly motivated by Member States. Any vessels that can be shown to 
have been definitively withdrawn from the area may also be considered. The effort 
expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear 
in question in the relevant area shall be divided by the effort expended by all vessels 
using  that  gear  during  the  same  year.  The  additional  number  of  days  shall  be  then 
calculated  by  multiplying  the  ratio  so  obtained  by  the  number  of  days  originally 
allocated.  Any  part  of  a  day  resulting  from  this  calculation  shall  be  rounded  to  the 
nearest  whole  day.  This  point  shall  not  apply  where  a  vessel  has  been  replaced  in 
accordance with point 4.1 or when the withdrawal has already been used in previous 
years to obtain additional days at sea." 

(c)  Point 17 is replaced by the following: 

"17. Fishing effort messages  

Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No2847/93 shall apply to 
vessels  carrying  on  board  the  groupings  of  fishing  gear  defined  in  point  3  of  this 
Annex and operating in the area defined in point 1 of this Annex. Vessels equipped 
with  vessel  monitoring  systems  in  accordance  with  Articles  5  and  6  of  Regulation 
(EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 
19c of Council Regulation (EC) No 2847/93." 

(4) 

In Annex IIC: 

(a) 

Point 9.1 is replaced by the following: 

"9.1.  An additional number of days on which a vessel may be present within the area when 
carrying on board any of the groupings of fishing gear referred to in point 3 may be 
allocated to Member States by the Commission on the basis of permanent cessation 
of fishing activities that have taken place since 1 January 2004 either in accordance 
with  Article  7  of  Regulation  (EC)  No  2792/1999  or  resulting  from  other 
circumstances duly motivated by Member States. Any vessels that can be shown to 
have been definitively withdrawn from the area may also be considered. The effort 
expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear 
in question in the relevant area shall be divided by the effort expended by all vessels 

EN 

14 

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using  that  gear  during  the  same  year.  The  additional  number  of  days  shall  be  then 
calculated  by  multiplying  the  ratio  so  obtained  by  the  number  of  days  originally 
allocated.  Any  part  of  a  day  resulting  from  this  calculation  shall  be  rounded  to  the 
nearest  whole  day.  This  point  shall  not  apply  where  a  vessel  has  been  replaced  in 
accordance with point 4.1 or when the withdrawal has already been used in previous 
years to obtain additional days at sea." 

(b) 

Point 16 is replaced by the following: 

"16. Fishing effort messages 

Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No2847/93 shall apply to 
vessels  carrying  on  board  the  groupings  of  fishing  gear  defined  in  point  3  of  this 
Annex and operating in the area defined in point 1 of this Annex. Vessels equipped 
with  vessel  monitoring  systems  in  accordance  with  Articles  5  and  6  of  Regulation 
(EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 
19c of Council Regulation (EC) No 2847/93." 

(5) 

In Annex III: 

(a)  Point 9.4(a) is replaced by the following: 

"(a) Gillnets with a mesh size equal to or greater than 120 mm and less than 150 mm, 
provided that they are deployed in waters of less than 600 metres charted depth, are 
no  more  than  100  meshes  deep,  have  a  hanging  ratio  of  not  less  than  0.5,  and  are 
rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 
nautical miles in length, and the total length of all nets deployed at any one time shall 
not exceed 25km per vessel. The maximum soak time shall be 24 hours; or" 

(b)  Point 13 is replaced by the following: 

"13. Interim measures for the protection of vulnerable deep-sea habitats 

13.1. 

It  shall  be  prohibited  to  conduct  bottom  trawling  and  fishing  with  static  gear, 
including  bottom  set  gill-nets  and  long-lines,  within  the  areas  enclosed  by 
sequentially  joining  with  rhumb  lines  the  following  positions,  which  shall  be 
measured according to the WGS84 coordinate system: 

The Hecate Seamounts: 

– 

– 

– 

– 

– 

52° 21.2866' N, 31° 09.2688' W 

52° 20.8167' N, 30° 51.5258' W 

52° 12.0777' N, 30° 54.3824' W 

52° 12.4144' N, 31° 14.8168' W 

52° 21.2866' N, 31° 09.2688' W 

The Faraday Seamounts: 

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15 

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– 

– 

– 

– 

– 

– 

– 

– 

– 

50° 01.7968' N, 29° 37.8077' W 

49° 59.1490' N, 29° 29.4580' W 

49° 52.6429' N, 29° 30.2820' W  

49° 44.3831' N, 29° 02.8711' W 

49° 44.4186' N, 28° 52.4340' W 

49° 36.4557' N, 28° 39.4703' W 

49° 29.9701' N, 28° 45.0183' W 

49° 49.4197' N, 29° 42.0923' W 

50° 01.7968' N, 29° 37.8077' W 

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Part of the Reykjanes Ridge: 

– 

– 

– 

– 

– 

– 

– 

– 

55° 04.5327' N, 36° 49.0135' W 

55° 05.4804' N, 35° 58.9784' W 

54° 58.9914' N, 34° 41.3634' W 

54° 41.1841' N, 34° 00.0514' W 

54° 00.0'N, 34° 00.0' W 

53° 54.6406' N, 34° 49.9842' W 

53° 58.9668' N, 36° 39.1260' W 

55° 04.5327' N, 36° 49.0135' W 

The Altair Seamounts: 

– 

– 

– 

– 

– 

– 

44° 50.4953' N, 34° 26.9128' W 

44° 47.2611' N, 33° 48.5158' W 

44° 31.2006' N, 33° 50.1636' W 

44° 38.0481' N, 34° 11.9715' W 

44° 38.9470' N, 34° 27.6819' W 

44° 50.4953' N, 34° 26.9128' W 

The Antialtair Seamounts: 

– 

– 

– 

– 

– 

– 

– 

43° 43.1307' N, 22° 44.1174' W 

43° 39.5557' N, 22° 19.2335' W 

43° 31.2802' N, 22° 08.7964' W 

43° 27.7335' N, 22° 14.6192' W 

43° 30.9616' N, 22° 32.0325' W 

43° 40.6286' N, 22° 47.0288' W 

43° 43.1307' N, 22° 44.1174' W 

13.2. 

It  shall  be  prohibited  to  conduct  bottom  trawling  and  fishing  with  static  gear, 
including  bottom  set  gill-nets  and  long-lines,  within  the  areas  enclosed  by 
sequentially  joining  with  rhumb  lines  the  following  positions,  which  shall  be 
measured according to the WGS84 coordinate system:  

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Belgica Mound Province: 

- 
- 

- 

- 

51°49'N, 11°86'W 
51°54'N, 11°69'W  

51°26'N, 11°55'W 

51°23'N, 11°74'W 

Hovland Mound Province: 

- 
- 
- 
- 

- 
- 

- 
- 

52°27'N, 13°21'W  
52°40'N, 12°97'W  
52°28'N, 12°90'W  
52°28'N, 12°49'W 

52°07'N, 12°49'W  
52°07'N, 12°88'W  

52°15'N, 12°94'W 
52°15'N, 13°18'W  

North-West Porcupine Bank: 

Area I 

- 

53°51'N, 14°54'W  

- 
- 
- 
- 
- 
Area II  
- 
- 
- 
- 

53°59'N, 14°46'W  
53°68'N, 14°26'W  
51°57'N, 14°19'W 
53°53'N, 14°24'W  
53°40'N, 14°48'W 

53°72'N, 14°18'W  
53°86'N, 11°89'W  
53°76'N, 13°83'W  
53°61'N, 14°12'W  

South-West Porcupine Bank: 

- 
- 
- 
- 

- 

51°91'N, 15°12'W  
51°91'N, 14°92'W  
51°70'N, 14°92'W  
51°70'N, 15°17'W 

51°82'N, 15°10'W" 

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