) HAS NOT BEEN ALLOCATED BY QUOTA AMONG MEMBER STATES AND THE COMMUNITY SHARE HAS NOT BEEN EXHAUSTED ; OR
( III ) FOR ALL SPECIES OTHER THAN HERRING AND MACKEREL , THEY ARE MIXED WITH ANOTHER SPECIES OF WHICH THEY FORM A PERMITTED BY-CATCH IN A PROPORTION NOT EXCEEDING THE LIMITS SPECIFIED IN ARTICLES 8 AND 9 OF REGULATION ( EEC ) NO 171/83 ( 6 ) AND ARE NOT SORTED EITHER ON BOARD OR ON LANDING ; OR
( IV ) FOR HERRING CAUGHT IN ANY AREA EXCEPT THE SKAGERRAK AND KATTEGAT AND BALTIC SEA ( ICES DIVISIONS III B , C , D ) , THEY ARE WITHIN THE LIMITS OF PARAGRAPH 2 ; OR
( V ) FOR HERRING CAUGHT IN THE SKAGERRAK AND KATTEGAT , THEY ARE TAKEN WITHIN THE LIMITS OF PARAGRAPH 3 ; OR
( VI ) THEY ARE CATCHES OF COD AND HALIBUT TAKEN WITHIN THE LIMITS OF ARTICLES 5 AND 6 ;
( VII ) FOR MACKEREL THEY ARE MIXED WITH HORSE-MACKEREL OR PILCHARD AND THE MACKEREL DOES NOT EXCEED 10 % OF THE TOTAL WEIGHT OF MACKEREL , HORSE-MACKEREL AND PILCHARD ON BOARD AND THE CATCHES ARE NOT SORTED .
ALL LANDINGS COUNT AGAINST THE QUOTA OR , IF THE COMMUNITY SHARE HAS NOT BEEN ALLOCATED BETWEEN MEMBER STATES BY QUOTAS , AGAINST THE COMMUNITY SHARE , EXCEPT FOR CATCHES MADE UNDER THE PROVISIONS OF ( III ) , ( IV ) , ( VI ) AND ( VII ) OF THIS PARAGRAPH OR OF PARAGRAPH 3 ( A ) .
2 . IN AREAS OTHER THAN THE SKAGERRAK AND KATTEGAT AND THE BALTIC SEA ( ICES DIVISIONS III B , C , D ) IT IS PROHIBITED TO RETAIN ON BOARD HERRING MIXED WITH OTHER SPECIES UNLESS SUCH CATCHES ARE NOT SORTED , AND :
( I ) IF MIXED WITH SPRAT , THE HERRING DOES NOT EXCEED 10 % BY WEIGHT OF THE TOTAL WEIGHT OF HERRING AND SPRAT COMBINED ; OR
( II ) IF MIXED WITH SPECIES OTHER THAN SPRAT , THE HERRING DOES NOT EXCEED 5 % BY WEIGHT OF THE TOTAL WEIGHT OF THE HERRING AND OTHER SPECIES COMBINED .
3 . THE FOLLOWING PROVISIONS SHALL APPLY TO HERRING BY-CATCHES IN THE SKAGERRAK AND THE KATTEGAT :
( A ) WHEN THE COMMUNITY SHARE FOR HERRING IS NIL OR WHEN THERE IS NO POSITIVE QUOTA ALLOCATED TO A MEMBER STATE OR WHEN ITS QUOTA IS EXHAUSTED , BY-CATCHES OF HERRING MAY BE RETAINED ON BOARD AND LANDED IF THEY ARE MIXED WITH SPRAT AND IF THE PERCENTAGE OF THE BY-CATCH DOES NOT EXCEED 10 % BY WEIGHT OF THE TOTAL CATCH OF HERRING AND SPRAT COMBINED . IT SHALL BE PROHIBITED TO SORT SUCH BY-CATCHES WHICH MAY ONLY BE LANDED MIXED WITH THE SPECIES OF WHICH THEY FORM A BY-CATCH .
( B ) WHEN A POSITIVE QUOTA HAS BEEN ALLOCATED TO A MEMBER STATE AND THAT QUOTA HAS NOT YET BEEN EXHAUSTED ,