CELEX: 52003PC0746
Language: en
Date: 2003-12-03
Title: Proposal for a Council Regulation fixing for 2004 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

Important legal notice

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52003PC0746

Proposal for a Council Regulation fixing for 2004 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  /* COM/2003/0746 final */  

Proposal for a COUNCIL REGULATION fixing for 2004 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(presented by the Commission)TABLE OF CONTENTSEXPLANATORY MEMORANDUM                                                                                       CHAPTER I Scope and definitionsCHAPTER II Fishing opportunities and associated conditions for Community vesselsCHAPTER III Fishing opportunities and associated conditions for third country vesselsCHAPTER IV Licensing arrangements for Community vesselsCHAPTER V Licensing arrangements for third country vesselsCHAPTER VI Special provisions for Community vessels fishing in the area of NAFOSection 1Community participationSection 2 Technical measuresSection 3 Control measuresSection 4 Special provisions for Northern prawnsSection 5 Special provisions for Greenland halibutSection 6 Special provisions for redfishCHAPTER VII Special provisions for community vessels fishing in the area of CCAMLRSection 1 RestrictionsSection 2 Exploratory fisheriesCHAPTER VIII Final ProvisionsANNEX I Fishing opportunities applicable for Community vessels in areas where catch limitations exist and for vessels from third countries in EC waters, by species and by area (in tonnes live weight, except where otherwise specified)ANNEX IA BALTIC SEAANNEX IB SKAGERRAK, KATTEGAT, NORTH SEA AND WESTERN COMMUNITY WATERS ICES areas Vb (EC waters), VI, VII, VIII, IX, X, CECAF (EC waters), and French GuyanaANNEX IC NORTH EAST ATLANTIC AND GREENLAND ICES areas I, II, IIIa, IV, V, XII, XIV and NAFO 0, 1 (Greenland waters)ANNEX ID NORTH WEST ATLANTIC Area of NAFOANNEX IE HIGHLY MIGRATORY FISH - All AreasANNEX IF ANTARCTIC - Area of CCAMLRANNEX II Fishing opportunities applicable in 2004 for herring to be landed unsorted for purposes other than human consumption (in tonnes, live weight)ANNEX III SPECIAL MEASURES CONCERNING NORTH SEA HERRINGANNEX IV TRANSITIONAL TECHNICAL MEASURESANNEX V INTERIM FISHING EFFORT LIMITATION AND ADDITIONAL CONDITIONS FOR MONITORING, INSPECTION AND SURVEILLANCE IN THE CONTEXT OF CERTAIN FISH STOCKS RECOVERYANNEX VI FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN THE NORTH SEA AND THE SKAGERRAKANNEX VIIANNEX VIIIANNEX IX CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSIONANNEX XANNEX XIANNEX XIIANNEX XIIIANNEX XIV NAFO areaANNEX XV Prohibition of directed fishing in CCAMLR areaANNEX XVI Catch and by-catch limits for new and exploratory fisheries in the Area of CCAMLR in 2003/04FINANCIAL STATEMENT1. Title of operation2. Budget heading(s) involved3. Legal basis4. Description of operation4.1 General objective4.2 Period covered and arrangements for renewal5. Classification of expenditure or revenue5.1 Compulsory expenditure5.2 Differentiated appropriations6. Type of expenditure or revenue7. Financial impact7.1 Method of calculating total cost of operation (relation between individual and total costs)8. Fraud prevention measures9. Elements of cost-effectiveness analysis10. Administrative expenditure (Section III, Part A of the budget)EXPLANATORY MEMORANDUMThis proposal for a Council Regulation fixes for 2004 the fishing opportunities for the Community in several fishing grounds and for third country vessels in Community waters and the conditions under which the fishing opportunities may be fished. It also proposes interim measures to limit fishing effort on severely-depleted fish stocks, pending the adoption of recovery plans for such stocks. The fixing and sharing of possibilities for fishing and rules for limiting fishing effort fall within the exclusive competence of the Community and arise from Article 20 of Regulation No 2371/2002 of the Council of 20 December 2002.I. THE POLICY BACKGROUND TO THE PROPOSALThe most recent report of the International Council for the Exploration of the Sea (ICES, October 2003), largely endorsed by the EC Scientific Technical and Economic Committee for Fisheries (STECF), confirms the trends identified last year. Many stocks of demersal fish and some stocks of pelagic fish are over-exploited and are outside safe biological limits. Although for some over-exploited stocks there are   indications that they have improved in biomass and fishing mortality rates, others are still in immediate danger of collapse. Fourteen stocks now require recovery plans, compared to nine last year. Depending on the stock, ICES has either recommended zero catches in the fishery concerned or imposing very restrictive Total Allowable Catches (TACs) pending the adoption of a recovery plan.ICES also repeats that the required reductions in fishing mortality can only be achieved if significant reductions in fishing effort are included in management. This justifies once more the Commission's approach to propose direct effort management as a key instrument in fisheries management, both in the TAC and quota regulation and in recovery plans for endangered stocks. If these effort limitations cannot be agreed then the Commission will insist on more restrictive TACs, or other measures that will achieve similar effects.The Commission is convinced that multi-annual management plans are necessary to ensure long-term sustainability of the stocks. In the absence of such plans, we must have more restrictive short term management approaches. While the Commission recognises that a gradual approach to recovery is to be preferred, such a gradual approach, which often departs substantially from the scientist's recommendations for strong remedial action in the short term, can only be accepted where there is a long-term commitment to gradual recovery, including all the necessary elements (effort management and efficient controls or fishing activity) to make such a commitment effective.In the recent advice scientists have recommended a fishery-based approach to management, because single species management cannot adequately reflect the complexity of many mixed fisheries in which stocks are caught together. The fishery-based approach makes it necessary to take account of the association of different stocks in the same fisheries.  It is also an additional reason to use direct effort management as a management tool.Management measures will only achieve their objective if they are adequately adhered to. The Commission intends to introduce proposals in the first semester of 2004(in addition to the improvements in the control provisions applicable to the interim effort management scheme) to improve the implementation of management measures.But new rules will not suffice if Member States do not ensure that they are complied with. A general improvement of control and enforcement is essential for the conservation of fish stocks. The Commission has recently opened infringement procedures against some Member States in respect of inadequate control and enforcement of Community rules. Member States are reminded that under Article 26 of Council Regulation N° 2371/2002 the Commission may take preventive measures in the event that a Member State's failure to enforce Community rules could lead to a serious threat to the conservation of resources.II. Effort restrictionsIn the light of the ICES advice on the use of fishing effort, the Commission considers this management instrument to be essential for the recovery of the most endangered stocks. The Council recognised last December the need for interim fishing effort measures in respect of certain cod fisheries.The Commission has already proposed recovery plans for several stocks which include the use of direct fishing effort management.  Only one of these proposals can be adopted in December, however, and the proposed effort management scheme cannot be implemented until several months into 2004.ICES has meanwhile recommended to close the fisheries for several additional stocks pending the adoption by the Community of recovery plans for them.Under these circumstances the Commission considers it essential to propose interim rules for the management of fishing effort, similar to those implemented under Annex XVII of Regulation 2341/2002, to apply to all fisheries for which ICES has made its most stringent recommendation, i.e., to close the fishery. An interim effort management regime, based on a limited number of fishing days by gear category, is proposed for the cod fisheries in Skagerrak, Kattegat, North Sea, Irish Sea and the West of Scotland, for sole in the Western Channel and for Southern hake, anglerfish and Norway lobster off the Iberian peninsula.For these stocks the Commission proposes TACs that are not consistent with ICES' recommendations for a zero TAC. Such proposals imply a higher level of risk, and a longer time frame for recovery, than strict adherence to scientific advice. For those TAC levels to be effective in securing recovery, they must be supported by limitations of fishing effort.The current interim effort limitation measure, however, needs to be made more effective.  Its rules are over- complicated and difficult to control and enforce.  The measure does not ensure the reductions in effort required to guarantee the recovery of stocks because it does not properly restrict days spent at sea but rather the number of days spent using certain gear types. It needs to be strengthened and simplified to improve compliance.The proposed measures are laid down in Annex V.The main changes proposed in respect of the current measures are:- a requirement to remain in port or out of the area after the specified number of days absent from port has been used;- the removal of the excluded areas in the North Sea and west of Scotland and instead the proposal that additional days absent from port will be given to vessels with a proven low track record of landings of the endangered stocks;- more accurate estimates of track record days at sea, which have been used to update the effort allocations and reductions ;- a stricter one net per trip rule.Furthermore, ICES has recommended to manage the fishery for sandeel in the North Sea with a specific effort management plan. Annex VI lays down this management plan.III. Setting Total Allowable Catches (TAC's)(a) Stocks in Community watersAs in previous years, the Commission proposals for TAC's are based on the latest scientific advice, modified in some cases by the need to assure continuity of economic activity in the fisheries concerned, provided that this is consistent with a significantly reduced risk to threatened fish stocks.The latest ICES advice, which implies a complete closure of many demersal fisheries in the EU, must be considered in the light of the decisions taken in the past two years by the Council. These decisions have resulted in significant reductions in fishing quotas for endangered stocks and the introduction in 2003 of interim fishing effort controls for some fisheries. These measures have been accompanied by decommissioning programmes which have led to the reduction of fishing capacity in some Member States [1]. The Commission considers, therefore, that its current policy, which is to allow continuation of fishing but at low levels, may yield results provided that it is fully complied with. Rather than impose further cuts in fishing on previously-identified recovery stocks, the Commission is convinced that the measures now in place need to be strengthened and it needs to be ensured that such measures are strictly adhered to. Significant reductions of fishing will, however, be necessary for fisheries identified for the first time as requiring recovery measures.[1]  The United Kingdom, Denmark and the Netherlands have implemented decommissioning programmes linked to the implementation of effort restrictions in the North Sea.The Commission proposes, as it did last year, TACs consistent with a low fishing mortality for recovery stocks. Where other stocks are caught together with recovery stocks, the Commission proposes appropriate reductions in the TACs for those species, based on the degree of association of these stocks with recovery stocks.The Commission has consulted stakeholders in the process of preparing this year's proposals. On the basis of these consultations, the Commission recognises the need for a gradual approach that strikes a reasonable balance between the need to recover the stocks to safe biological levels as quickly as possible and the need to ensure some continuity of economic activity. This proposal, which in general maintains the level of constraint on the fishing industry imposed last year by the Council in respect of recovery stocks, while introducing additional constraints in respect of "new" recovery stocks, corresponds to such balance.   Moving further away from scientific advice because of short-term economic considerations would seriously compromise the long- term recovery of the most endangered stocks and thereby jeopardise the long-term future of the fishing industry. That is not an acceptable option for the Commission.In the case of stocks other than recovery stocks and stocks associated with them managed by the Community alone, where ICES based its advice on analytical assessments and where the STECF has reviewed the advice of ICES, the TACs proposed are based on the advice of these committees.Turning to the more detailed approach to the setting of TACs in Community waters, the Commission uses the following criteria for the following categories of stocks.Stocks where ICES and STECF have advised a closure of the fisheriesThe relevant stocks are:- Cod in Kattegat- Cod in Skagerrak, the North Sea and the Eastern Channel- Cod in the West of Scotland- Cod in the Irish Sea- Whiting in the Irish Sea- Sole in the Western Channel- Hake off the Iberian peninsula- Norway lobster in the Iberian peninsulaFor a number of stocks ICES advised a closure in 2002 and Council adopted TACs consistent with large fishing mortality reductions of 65% (cod in the North Sea, cod to the west of Scotland, cod in the Kattegat and cod in the Irish Sea).For the North Sea cod, ICES has not been able to provide new quantitative advice and the Commission proposes to retain an unchanged TAC for this stock.Where new advice has been provided, the Commission proposes TACs that are consistent with the latest information and with the Council's intended fishing mortality reduction in 2002 (West of Scotland cod, Kattegat cod, Irish Sea cod) except where application of the Commission's proposed harvest rules would allow TACs to be taken that are consistent with an intended increase in spawning biomass.For other  stocks for which ICES now proposes a closure (Sole in the Western channel, hake and Norway lobster stocks off the Iberian peninsula, Irish Sea whiting)  the Commission proposes TACs consistent with the 2002 decisions on acceptable fishing mortality reductions but adjusted in some cases having regard to a lesser degree of urgency of recovery.The Commission intends to include whiting in the Irish Sea in one of the proposals for recovery plans, through an amendment in 2004.Stocks where ICES and STECF has advised a reductions to very low levels or else a recovery planThe concerned stocks are:- Plaice in the North Sea- Northern Hake- Cod in the Celtic Sea-  Plaice in the Celtic Sea- Sole in the Bay of Biscay- Anglerfish off the Iberian peninsulaFor sole in the Bay of Biscay, the Commission proposes a TAC corresponding to a reduction of fishing mortality proportional to that applied to other stocks with a similar conservation status.For northern hake, the Commission proposes a TAC in line with the harvest rules of the hake recovery plan.For plaice in the North Sea, the Commission proposes a TAC estimated to correspond to the reduction of 40% in fishing mortality recommended by ICES. For Celtic Sea cod, the Commission proposes a TAC corresponding to the same objective as those of other cod stocks in the cod recovery plan, i.e., an annual increase of 30% increase in biomass. For Celtic Sea whiting, the TAC corresponds to the same reduction in fishing mortality as for cod in the same area.The Commission intends to include the two Celtic Sea stocks and the plaice in the North Sea, as well as anglerfish off the Iberian peninsula into existing recovery plans or proposals for such plans in the course of 2004.Stocks associated with a stock for which ICES and STECF have advised  a closure or else a reduction to the lowest possible levelThe relationships between cod and other stocks in the North Sea have been quantified in a multi-species model for fisheries management developed by a working group of STECF. The Commission has taken it as a basis for setting TAC's for some closely associated species such as haddock and whiting in the North Sea and Irish Sea and proposes TACs that will imply reductions in fishing mortality proportional to the degree of association among the species concerned.At the request of the fishing industry the Commission has considered ways of decoupling the fishing of recovery stocks and associated stocks such as saithe and haddock, either through separation of fishing grounds or by measures relating to catch composition.Because of the difficulties encountered in applying different rules to fishing activity according to small geographical areas, in the context of Annex XVII of Regulation 2341/2002, the Commission does not favour a geographical approach to de-coupling of associated stocks. Instead, vessels with a track record of a less than 5% by-catch of cod will be permitted more days-at-sea than other vessels with higher bycatch percentages of cod. This approach is combined with provisions to enhance compliance with that percentage.The Commission accepts, however, that the evidence of relatively low catches of cod in most areas in which Norway lobster is fished justifies some relaxation of the assumed association between these species. It therefore proposes an increase in the TAC for these stocks from 2003 levels. To the extent that technical measures to be adopted in 2004 can further de-couple the Norway lobster fisheries from those for cod, the Commission will consider further increases in the Norway lobster TACs for 2005.In areas outside the North Sea, there is advice concerning the association between the stocks concerned. The Commission proposes an additional reduction in fishing mortality for associated stocks (such as megrim, anglerfish, sole and whiting) to contribute to the recovery of the stocks to which they are associated, i.e. cod, hake and sole.  Most of these associated stocks are fished outside safe biological limits in any case, and the major part of any proposed reduction in fishing mortality is based on the single species scientific advice.Other stocks where ICES and STECF have advised that the stocks are outside safe biological limits and advised a substantial reduction in fishing mortalityFor stocks outside safe biological limits but not falling into either of the categories mentioned above, the Commission  proposes a TAC corresponding to the short-term catch option advised by either or both ICES and STECF, except that in order to mitigate the effects of uncertainty in the assessments and to afford improved stability of markets and fishing operations, the Commission proposes to limit any change in TAC to no more than  40% compared to the TAC of 2002 where this can be done without exceeding precautionary fishing mortality Fpa.Stocks inside safe biological limits and not associated with a stock where ICES and STECF have advised a closure or a recovery plan.Where the assessment of the stock concludes that it is inside safe biological limits, the Commission chooses a catch option as a basis for a TAC proposal that will not lead to the forecast for the stock crossing a safe biological limit (i.e., moving either below the precautionary biomass, Bpa, or above the precautionary fishing mortality, Fpa) in the foreseeable future.The Commission proposes TACs corresponding to the short-term catch option advised by ICES and supported by STECF. In order to mitigate the effects of uncertainty in the advice and to improve economic stability  for the fishing industry, the Commission will limit any increase or decrease in the TAC to no more than  20% compared to the TAC of 2002 where this can be done without exceeding Fpa. In case of an increase in the TAC the Commission may further limit the increase to contribute to the stability of markets and fishing operations.Where advice on long-term effects is available that either a different limit value on TAC change is appropriate or that a change in fishing mortality would allow increases in yield without prejudice to biological risk, the Commission takes account of such advice when making its proposal for a TAC.Stocks for which no assessments are availableIn the case of stocks for which no analytical assessments are available, TACs (precautionary TACs) have been proposed.  In such cases, the Commission has based its proposal on advice either from ICES or from STECF wherever these bodies give an explicit value for the TAC.For the so-called "precautionary TACs", where neither assessment nor advice are available, the Commission as a general rule proposes a TAC for 2004 equal to the TAC adopted for 2003 where the reported landings indicate a high quota utilisation. Where the utilisation of a "precautionary TAC" is low, the Commission has considered whether the shortfall has been due to a lack of genuine fishing opportunities (i.e. the existence of "paper fish").  In these cases, the Commission proposes to reduce the TAC in order that TACs better reflect (and therefore protect in the long term) genuine fishing opportunities. The Commission proposes a 20% reduction in TACs in these cases in order to achieve a gradual reduction in fishing possibilities to levels of landings observed in recent years.(b). Stocks managed in the context of Regional Fisheries OrganisationsCertain stocks are managed in the context of regional fisheries organisations or following bilateral consultations with third countries. The Commission proposal, for these stocks, reflects the decisions taken within these frameworks.Northwest Atlantic Fisheries Organisation (NAFO) adopted a rebuilding plan for Greenland halibut in NAFO Subarea 2 and divisions 3KLMNO. The objective of this rebuilding plan is to attain a level of exploitable biomass 5+ of 140.000 tonnes on average, allowing a stable yield over the long term for this stock. In order to obtain this goal, the rebuilding plan foresees a reduction of the TAC level until 2007 as well as additional measures to ensure the effectiveness of the plan. It is therefore necessary to implement these measures already from 2004 pending the adoption of a Council Regulation implementing multi-annual measures to rebuild the Greenland halibut stock.(c). Stocks managed in the context of bilateral AgreementsThe TACs corresponding to the stocks shared with Norway in Annex IB, as well as quotas allocated to Norway in Annexes IC and II are provisional, pending the conclusion of Fisheries Consultations between the European Community and Norway for 2004.IV. Control and Enforcement of Catch Limits and Fishing EffortReinforcement of control and enforcement of the rules of the CFP is a priority of CFP reform. Shortcomings in enforcement of catch limits, effort ceilings and reporting obligations for fishing vessels are one of the reasons for too much fishing pressure on stocks.The latest ICES advice repeats previously-expressed concerns from scientists about high level of undeclared landings, systematic mis-reporting of catches and uncertainty about the accuracy of official data on fishing activity. In addition, the Commission's own inspectors have identified during 2003 significant failures in some Member States to apply the interim fishing effort limits agreed in December 2002.The immediate consequence of these shortcomings is a higher fishing mortality than would have been the case if the TAC and quota as well as effort restrictions had been properly implementedMember States should take urgent action to improve control and enforcement of Community rules in order to ensure the proper implementation of the 2004 quota and effort restrictions.To this end, the Commission proposes to reinforce immediately certain control measures in order to ensure compliance with TAC's and quotas as well as effort restrictions applicable to stocks subject to recovery measures. It will adopt as soon as possible a Commission Regulation on a specific monitoring programme for cod fisheries, in accordance with Articles 34a and 34b of Council Regulation (EEC) No 2847/93 and Article 27 of Regulation (EC) No. 2371/2002.. This Programme will fix, inter alia, benchmarks for inspection, common priorities and uniform inspection by relevant authorities. Similar specific monitoring programmes will be proposed during 2004 in respect of other fisheries recommended for recovery plans by ICES.V. Additional Technical MeasuresThe use of technical measures has been advocated by many stakeholders as the preferred option for stock recovery in lieu of catch or effort limitations. The Commission considers that there are areas where technical measures may contribute positively, such as:- developing certain devices to increase inter-species selectivity (such as sorting grids to separate Nephrops from associated whitefish);- regulating gear dimensions applicable to fixed gear, as a way to improve the effectiveness of effort control, and- potential benefits from further increases in mesh sizes in some fisheries.The Commission intends to pursue work on these issues with the Member States in the coming months, with a view to proposing new technical measures before July 2004.Given that certain technical measures should be implemented as from 1 January 2004, they are included in this proposal in the form of temporary derogations or additions to Community rules, while waiting for the corresponding Regulations to be amended.The Commission proposal for a Council Regulation on the conservation of fisheries resources in Mediterranean Sea will be discussed in the course of 2004. The Commission proposes that some of the measures of that proposal, such as the complete ban on trawl fishing within 3 nautical miles of the coast, be made applicable already on an interim basis, under the terms laid down in Annex IV.VI. Improving the Quality of Scientific AdviceIn presenting its advice for fisheries management in 2004 ICES has provided an analysis of fisheries by area and stressed the importance of the links between stocks in mixed demersal fisheries.However, ICES has drawn attention to its inability to provide more accurate advice about mixed fisheries because essential data have not been made available to it, particularly regarding discards of fish during fishing operations. The lack of quantitative evaluations of the association between fish stocks clearly reduces the efficiency of Community management of mixed fisheries.The Commission wishes to remind Member States that the collection of discards data is a requirement of the Council Regulation on the collection of essential data for the CFP. That regulation also requires that the data collected by Member States be made available to scientific organisations, including ICES.The Commission will actively pursue this issue with the Member States concerned in order to ensure that the assessments of fish stocks during 2004 can be made with all available data.VII. Other issues(a). Allocation of quotas for acceding countriesIn view of the enlargement of the Community in 2004, the Commission proposes to incorporate the acceding countries into the quota for all those stocks where such countries are entitled to fishing possibilities. The Commission proposes an allocation of TACs corresponding to the whole of the year 2004, according to the relative stability established in the Treaty of Accession. However, the proposal distinguishes from the overall quota the quantities that the concerned countries are entitled to fish between 1 January and 30 April 2004.Under the bilateral fisheries agreements with Estonia, Latvia and Lithuania, there will be no purchase of fishing possibilities for EU vessels. Consequently this proposal does not include provisions on financial contributions from the Community budget.(b) Inter-annual quota flexibilityCouncil Regulation (EC) No 847/96, introducing additional conditions for year-to-year management of TAC's and quotas, requires the Council to decide which stocks are subject to the various measures fixed therein. The Commission, for the sake of clarity, includes directly into the quota tables (along with the codes for catch reporting) the articles of Regulation 847/96 that are applicable to each stock.Proposal for a COUNCIL REGULATION fixing for 2004 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 requiredTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Act of Accession of Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia [2], in particular Articles 21 and 24, Annexes III, VI, VIII, IX and XII thereof,[2]  OJ L 236, 23.09.2003, p. 1.Having regard to Council Regulation (EEC) 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,[3]  OJ L 358, 31.12.2002, p. 59Having regard to Council Regulation (EC) No 66/98 of 18 December 1997 laying down certain conservation and control measures applicable to fishing activities in the Antarctic and repealing Regulation (EC) No 2113/96  [4], and in particular Article 21 thereof,[4]  OJ L 6, 10.1.1998, p. 1. Regulation as last amended by Council Regulation 742/1999 (OJ L 41, 31.12.1999, p.1).Having regard to the proposal of the Commission [5],[5]  OJ C [...] [...], p. [...]Whereas:(1) Article 4 of Regulation (EEC) No 2371/2002 requires the Council to adopt, in the light of the available scientific advice and, in particular, of the report prepared by the Scientific, Technical and Economic Committee for Fisheries, the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities.(2) Under the terms of Article 20 of Regulation (EEC) No 2371/2002, it is incumbent upon the Council, to establish the total allowable catches (TAC) by fishery or group of fisheries.  Fishing opportunities should be allocated to Member States and third countries in accordance with the criteria in Article 20 of that Regulation.(3) In order to ensure effective management of these TACs and quotas, the specific conditions under which fishing operations occur should be established.(4) It is necessary to establish the principles and certain procedures of fishery management at Community level, so that Member States can ensure the management of the vessels flying their flag.(5) In accordance with the provisions laid down in Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year to year management of TACs and quotas [6], it is necessary to indicate which stocks are subject to the various measures fixed therein.[6]  OJ L 115, 9.5.1996, p. 3.(6) In accordance with the procedure provided for in the agreements or protocols on fisheries relations, the Community has held consultations on fishing rights with Norway [7],  the Faroe Islands  [8], Greenland  [9], Iceland  [10], Latvia  [11] , Lithuania  [12] and Estonia  [13].[7]  OJ L 226, 29.8.1980, p. 48.[8]  OJ L 226, 29.8.1980, p. 12.[9]  OJ L 29, 1.2.1985, p. 9.[10]  OJ L 161, 2.7.1993, p. 1.[11]  OJ L 332, 20.12.1996, p. 1.[12]  OJ L 332, 20.12.1996, p. 6.[13]  OJ L 332, 20.12.1996, p. 16.(7) Pursuant to Article 124 of the 1994 Act of Accession, fisheries agreements concluded by Sweden and Finland with third countries are managed by the Community. In accordance with these agreements, the Community has held consultations with Poland.(8) Pursuant to the 2003 Act of Accession of Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, provisions on fishing opportunities for Estonia, Latvia, Lithuania and Poland are in accordance with the Accession Treaty from the date of accession.  However, the same basis for allocation of fishing opportunities is applied from 1 January 2004 until the date of accession.(9) The Community is a Contracting Party to several regional fisheries organisations.  These fisheries organisations have recommended the setting of catch limitations and other conservation rules for certain species, these recommendations should therefore be implemented by the Community.(10) The execution of fishing opportunities should be in accordance with the Community legislation on the matter, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels  [14], Council Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish [15], Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy [16], Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean  [17], Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits  [18], Regulation (EC) No 66/98, Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound [19]and 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 organisms  [20], Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for purposes other than direct human consumption [21].[14]  OJ L 132, 21.5.1987, p. 9.[15]  OJ L 276, 10.10.1983 p. 1. Regulation as last amended by Commission Regulation (EC) No 1965/2001 (OJ L 268 , 09.10.2001, p. 23).[16]  OJ L 261, 20.10.1993, p. 1.  Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1-35).[17]  OJ L 171, 6.7.1994, p. 1.  Regulation as last amended by Regulation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1).[18]  OJ L 171, 6.7.1994, p. 7.[19]  OJ L 9, 15.1.1998, p. 1.  Regulation as last amended by Regulation (EC) No 1520/98 (OJ L 201, 17.7.1998, p. 1).[20]  OJ L 125, 27.4.1998, p. 1.  Regulation as last amended by Regulation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1).[21]  OJ L 191, 7.7.1998, p. 10.(11) In order to contribute to the conservation of fish stocks, certain complementary measures on control and technical conditions of fishing should be implemented in 2004.(12) It is necessary to adopt Community provisions concerning fishing in Gulf of Riga in accordance with the guidelines established in the 2003 Act of Accession.  It is appropriate to introduce an obligation to hold special fishing permits in order to have access to these waters.(13) TACs for stocks for which recovery plans can already be implemented in 2004 should correspond to the recovery strategies laid down in these plans. Whereas for stocks where such recovery plans cannot not be implemented in 2004 a more restrictive short term management should apply.(14) Pending the adoption of recovery plans and the implementation of the effort management schemes included therein, it is necessary to apply provisional effort management schemes at least for the most endangered stocks, those for which ICES recommends a zero TAC in 2004.(15) It is necessary, following the advice from ICES, to apply a temporary system to manage the fishing effort of the industrial fishery for sandeel in ICES sub-area IV (Skagerrak and the North Sea).(16) At its 25th Annual Meeting of 15-19 September 2003, Northwest Atlantic Fisheries Organisation (NAFO) adopted a rebuilding plan for Greenland halibut in NAFO Subarea 2 and divisions 3KLMNO. In order to obtain this goal, the rebuilding plan foresees a reduction of the TAC level until 2007 as well as additional measures to ensure the effectiveness of the plan. It is therefore necessary to implement these measures already from 2004 pending the adoption of a Council Regulation implementing multi-annual measures to rebuild the Greenland halibut stock.(17) In order to respect the adjustments to the Community quotas established by ICCAT, it is necessary for the distribution of the under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the under-utilisation without modifying the distribution key established under the present Regulation concerning the annual allocation of TACs.(18) In order to comply with international obligations undertaken by the Community as a Contracting Party to the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), and accordingly the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by the latter for the 2003-2004 season are specified in Annex IF, to be applied within the season limit dates indicated in the same Annex.(19) At its XXII Annual meeting in 2003, CCAMLR approved the participation of EC-flagged vessels in exploratory fisheries for Dissostichus spp. in Subareas FAO 88.1 and FAO 48.6, and submitted the relevant fishing activities to catch and by-catch limits as specified in Annex XVI, as well as to certain specific technical measures as specified in Article 43.HAS ADOPTED THIS REGULATION:CHAPTER I Scope and definitionsArticle 1Subject-matter1. This Regulation fixes for the year 2004, for certain fish stocks and groups of fish stocks, fishing opportunities and the specific conditions under which such fishing opportunities may be used.For certain Antarctic stocks, however, it fixes the fishing opportunities and specific conditions for the period specified in Annex IF.Article 2 ScopeThis Regulation shall apply to:(a) vessels flying the flag and registered in Member States, hereinafter ""EC vessels" in zones where catch limitations are required; and(b) vessels flying the flag and registered in third countries (hereinafter "third country vessels") in waters falling within the sovereignty or jurisdiction of Member States, hereinafter  "EC waters".Article 3 DefinitionsFor the purposes of this Regulation,(a) "fishing opportunities" means: :(i) Total allowable catches ("TACs") or the number of vessels authorised to fish and/or the duration of these authorisations;(ii) shares of the TACs available to the Community;(iii) quotas allocated to the Community in third countries waters;(iv) allocation of Community fishing opportunities under (ii) and (iii) to Member States in the form of quotas;(v) allocation to third countries of quotas to be fished in Community waters.(b) "International waters" shall be those falling outside the sovereignty or jurisdiction of any State;(c) "NAFO Regulatory Area" shall be the part of the area of the NAFO Convention not falling under the sovereignty or within the jurisdiction of coastal States;(d) "Skagerrak" shall be bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;(e) "Kattegat" shall be bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;(f) "North Sea" shall comprise ICES Sub-area IV and that part of ICES Division IIIa which is not covered by the definition of the Skagerrak given in point (c);(g) "Management Unit 3" shall comprise ICES Sub-divisions 30 and 31 and the part of Sub-division 29 situated north of 59°30' N.(h) "Gulf of Riga" shall be bounded on the west by a line drawn from Ovisi lighthouse (57° 34.1234' N, 21° 42.9574' E) on the west coast of Latvia to the Southern Rock of Cape Loode (57° 57.4760' N, 21° 58.2789' E) on the island of Saaremaa, then southwards to the southernmost point of the peninsula of Sõrve and then in a north-eastern direction along the east coast of the island of Saaremaa, and in the north by a line drawn from 58°30.0' N 23°13.2'E to 58°30.0'N 23°41'1E.Article 4 Fishing zonesFor the purpose of this Regulation:(a) ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EEC) No 3880/91;(b) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 2597/95;(c) NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Regulation (EEC) No 2018/93;(d) CCAMLR (Convention for the Conservation of Antartic Marine Living Resources) zones are as defined in Regulation (EC) No 66/98.CHAPTER II Fishing opportunities and associated conditions for Community vesselsArticle 5 Fishing opportunities and allocations1. Fishing opportunities for Community vessels in Community waters or in certain non- Community waters and the allocation of such fishing opportunities among Member States are fixed as set out in Annexes I and II.2. Community vessels are hereby authorised to make catches, within the quota limits set out in the Annex I, in waters falling within the fisheries jurisdiction of Estonia, the Faroe Islands, Greenland, Iceland, Latvia, Lithuania, Norway, Poland and the fishing zone around Jan Mayen, and the Russian Federation, subject to the conditions stipulated under Articles 9, 16 and 17.3. The Commission shall fix the fishing opportunities for capelin in zones V, XIV (Greenland waters) available to the Community equal to 70% of Greenland's share of the capelin TAC as soon as the TAC has been established.  Following the transfer of 30 000 tonnes to Iceland, 10 000 tonnes to the Faroe Islands and 6 700 tonnes to Norway, the remaining amount will be available to all Member States.Article 6 Special provisions on allocationsThe allocation of fishing opportunities among Member States provided for in Annexes I and II shall be without prejudice to:(a) exchanges made pursuant to Article  20(5) of Regulation (EEC) No 2371/2002;(b) reallocations made pursuant to Article 21(4), Article 23(1) and Article 32(2) of Regulation (EEC) No 2847/93;(c) additional landings allowed under Article 3 of Regulation (EC) No 847/96;(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;(e) deductions made pursuant to Article 5 of Regulation (EC) No 847/96.Article 7 Quota flexibilityThe stocks which are subject to a precautionary or to an analytical TAC, the stocks to which the year-to-year flexibility conditions stipulated in Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply, and the stocks to which the penalty coefficients provided for in Article 5(2) of the same Regulation shall apply, are fixed for 2004 in Annex I.Article 8 Conditions for landing catch and by-catch1. Fish from stocks for which fishing opportunities are fixed shall not be retained on board or landed unless:(a) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or(b) the catches from part of a Community share which  has not been allocated by quota among Member States, and that share has not been exhausted; or(c) for all species other than herring and mackerel, where they are mixed with other species, the catches have been taken with nets whose mesh size is less than 32 millimetres in accordance with Article 4 of Regulation (EC) No 850/98, and are not sorted either on board or on landing; or(d) for herring, the catches comply with Article 2 of Regulation (EC) No 1434/98; or(e) for mackerel, where they are mixed with horse mackerel or pilchard, the mackerel does not exceed 10% of the total weight of mackerel, horse mackerel and pilchard on board, and the catches are not sorted; or(f) catches are taken during the course of scientific investigations carried out under Regulation (EC) No 850/98.2. All landings shall 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 paragraph 1 (c), (d), (e) and (f).3. Notwithstanding paragraph 1, when any of the fishing opportunities indicated in Annex II are exhausted, it shall be prohibited for vessels operating within the fisheries to which the relevant catch limitations apply to land catches which are unsorted and which contain herring.4. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 4 of Regulation (EC) No 850/98.Article 9 Access limits1. 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 4 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 Area1. 63°12'N and 23°05'W through 62°00'N and 26°00'W,2. 62°58'N and 22°25'W,3. 63°06'N and 21°30'W,4. 63°03'N and 21°00'W from there 180°00'S;South Eastern Area1. 63°14'N and 10°40'W,2. 63°14'N and 11°23'W,3. 63°35'N and 12°21'W,4. 64°00'N and 12°30'W,5. 63°53'N and 13°30'W,6. 63°36'N and 14°30'W,7. 63°10'N and 17°00'W from there 180°00'S.Article 10 Special conditions for North Sea herringThe measures set out in Annex III shall apply with regard to the capture, sorting and landing of herring taken from the North Sea, the Skagerrak and the Kattegat.Article 11 Other technical and control measuresThe technical measures set out in Annex IV shall apply in 2004 in addition to those set out in Regulation (EC) No 850/98, Regulation (EC) No 88/98, Regulation (EC) No 1626/94 and Regulation (EC) No 973/2001.Detailed rules for the implementation of point 11 and 12 of Annex IV may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.Article 12 Effort limitations and associated conditions for the management of stocks1. For the management of cod stocks in Skagerrak, Kattegat, North Sea and Eastern Channel, Irish Sea and West of Scotland, plaice in the North Sea, sole in the Western channel, and hake, Norway lobster and anglerfish in the Iberian peninsula, the fishing effort limitations and associated conditions laid down in Annex V shall apply.2. For the management of sandeel stocks in ICES Subarea IV (Skagerrak and North Sea), the effort limitations and associated conditions laid down in Annex VI shall apply.3. Detailed rules for the implementation of paragraph 6 of Annex VI may be adopted in accordance with the procedure referred to in Article 30 (2) of Regulation (EC) No 2371/2002.CHAPTER III Fishing opportunities and associated conditions for third country vesselsArticle 13 AuthorisationVessels flying the flag of Barbados, Estonia, Guyana, Japan, South Korea, Latvia, Lithuania, Norway, Poland, the Russian Federation, Suriname, Trinidad and Tobago and Venezuela and vessels registered in the Faroe Islands are authorised to make catches, within the quota limits set out in Annex I, in Community waters, and subject to the conditions stipulated under Articles 14, 15, 18, 19, 20 21, 22, 23 and 24.Article 14 Geographic restrictionsWithout prejudice to the Chapter IV of Regulation (EC) No 2371/2002, fishing by vessels flying the flag of:(a) Norway or registered in the Faroe Islands shall be limited to those parts of the 200 nautical mile zone lying seawards of 12 nautical miles from the baselines of Member States in the North Sea, Kattegat, Baltic Sea and Atlantic Ocean north of 43° 00' N, except the area referred to in Article 18 of Regulation (EC) No 2371/2002; fishing in the Skagerrak by vessels flying the flag of Norway shall be allowed seawards of four nautical miles from the baselines of Denmark and Sweden;(b) Estonia, Latvia and Lithuania shall be limited to those parts of the 200-nautical-mile zone lying seawards of 12 nautical miles from the baselines of Member States in the Baltic Sea south of 59°30' N;(c) Poland and the Russian Federation shall be limited to those parts of the Swedish part of the 200-nautical-mile zone lying seawards of 12 nautical miles from the baselines of Sweden in the Baltic Sea south of 59°30'N;(d) Barbados, Guyana, Japan, South Korea, Suriname, Trinidad and Tobago, and Venezuela shall be limited to those parts of the 200-nautical-mile zone lying seawards of 12 nautical miles from the baselines of the French Department of Guyana.Article 15 Conditions for landing catch and by-catchFish from stocks for which fishing opportunities are fixed shall not be retained on board or landed unless the catches have been taken by vessels of a third country having a quota and that quota is not exhausted.CHAPTER IV Licensing arrangements for Community vesselsArticle 16 Licences and associated conditions1. Notwithstanding the general rules on fishing licences and special fishing permits provided for in Regulation (EC) No 1627/94, fishing in waters of third countries shall be subject to the holding of a licence issued by the authorities of the third country.However, the first paragraph shall not apply, when fishing in Norwegian waters of the North Sea, to:(a) vessels of a tonnage equal to or less than 200 GT;(b) vessels carrying out fisheries for human consumption for species other than mackerel;(c) Swedish vessels, in line with established practice.2. The maximum number of licences and other associated conditions is fixed as set out in Annex VII Part I.  Requests for licences shall indicate the types of fishing and the name and characteristics of the vessels for which licenses are to be issued and shall be addressed by the authorities of the Member States to the Commission.  The Commission shall submit these requests to the authorities of the third country concerned.3. Community vessels shall comply with the conservation and control measures and all other provisions governing the zone in which they operate.Article 17 Faroe IslandsCommunity vessels licensed to conduct a directed fishery for one species in waters of the Faroe Islands may conduct directed fishery for another species provided that they give prior notification of the change to the Faroese authorities.CHAPTER V Licensing arrangements for third country vesselsArticle 18 Obligation to have a licence and a special fishing permit1. Notwithstanding Article 28b of Regulation (EC) No 2847/93 Norwegian vessels of less than 200 GT are exempted from the obligation to have a licence and a fishing permit.2. The licence and special fishing permit shall be kept on board. Vessels registered in the Faroe Islands or Norway shall be exempted from that obligation.3. Vessels from third countries authorised to fish on 31 December 2003 may continue to fish as from the beginning of the year 2004 until the list of vessels authorised to fish is submitted to and approved by the Commission.Article 19 Application for a licence and special fishing permitAn application for a licence and special fishing permit from an authority of a third country to the Commission shall be accompanied by the following information:(a) name of the vessel;(b) registration number;(c) external identification letters and numbers;(d) port of registration;(e) name and address of the owner or charterer;(f) gross tonnage and overall length;(g) engine power;(h) call sign and radio frequency;(i) intended method of fishing;(j) intended area of fishing;(k) species for which it is intended to fish;(l) period for which a licence is required.Article 20 Number of licencesThe number of licences and special associated conditions is hereby fixed as set out in Annex VII, Part II.Article 21 Cancellation and withdrawal1. Licences and special fishing permits may be cancelled with a view to the issue of new licences and special fishing permits.  Such cancellations shall take effect on the day before the date of issue of the new licences and special fishing permits by the Commission.  New licences and special fishing permits shall take effect from their date of issue.2. Licences and special fishing permits shall be wholly or partially withdrawn before the date of expiry if the quota for the stock in question fixed in Annex I has been exhausted.3. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.Article 22 Failure to comply with relevant rules1. For a period not exceeding 12 months, no licence and special fishing permit shall be issued for any vessel in respect of which the obligations laid down in this Regulation have not been met.2. The Commission shall submit to the authorities of the third country concerned the names and characteristics of the vessels which shall not be authorised to fish in the Community fishing zone for the following month or months as a consequence of an infringement of the relevant rules.Article 23 Obligations of the licence holder1. Third country vessels shall comply with the conservation and control measures and other provisions governing fishing of Community vessels in the zone in which they operate, in particular Regulations (EEC) No 2847/93, (EC) No 1627/94, No 88/98, No 850/98, No  1434/98 and Commission Regulation (EEC) No 1381/87.2. The vessels referred to in paragraph 1 shall keep a log-book in which the information set out in Annex VIII, Part I shall be entered.3. Third country vessels, except Norwegian vessels fishing in ICES Division IIIa, shall transmit to the Commission, in accordance with the rules laid down in Annex IX, the information set out in that Annex.Article 24 Specific provisions concerning the French Department of Guyana1. The granting of licences to fish in the waters of the French Department of Guyana shall be subject to the undertaking by the owner of the vessel concerned to permit an observer to come on board at the Commission's request.2. The master of each vessel in possession of a licence for finfish or tuna fishing in the waters of the French Department of Guyana shall, on landing the catch after each trip, submit to the French authorities a declaration, for whose accuracy the master alone is responsible, stating the quantities of shrimp caught and kept on board since the last declaration. This declaration shall be made using the form of which a model appears in Annex VII, Part III.  The master shall be responsible for the accuracy of the declaration.The French authorities shall take all appropriate measures to verify the accuracy of the declarations, by checking them in particular against the log book referred to in Article 23 (2).  The declaration shall be signed by the competent official after it has been verified.Before the end of each month, the French authorities shall send to the Commission all the declarations relating to the preceding month.3. The vessels fishing in the waters of the French Department of Guyana shall keep a log book corresponding to the model appearing in Annex VIII, Part II.  A copy of this log book shall be sent to the Commission within 30 days of the last day of each fishing trip via the French authorities.4. If, for a period of one month, the Commission receives no communication concerning a vessel in possession of a licence to fish in waters of the French Department of Guyana, the licence of that vessel shall be withdrawn.CHAPTER VI Special provisions for Community vessels fishing in the area of NAFOSection 1Community participationArticle 25 List of vessels1. Only EC vessels of more than 50 gross tonnes which have been issued a special fishing permit by their flag Member State shall be authorised, on the conditions set out in the permit, to fish, keep on board, tranship and land fishery resources from the NAFO Regulatory Area.2. Member States shall send the Commission, in computer readable form, a list of all vessels of more than 50 gross tonnes which are flying their flag and registered in the Community authorised to fish in the NAFO Regulatory Area.3. The list referred to in paragraph 2 shall be transmitted to the Commission within 15 days following the entry into force of this Regulation and, in the case of amendments, at least 5 days before the vessel enters the NAFO area. The Commission shall forward this information promptly to the NAFO Secretariat.4. The list referred to in paragraph 2 shall contain the following information:(a) the internal number of the vessel, as defined in Annex I to Commission Regulation (EC) No 2090/98;(b) international radio call sign;(c) vessel charterer, where applicable;(d) vessel type.5. For vessels temporarily flying the flag of a Member State (bare boat charter), the information forwarded shall include:(a) date from which the vessel has been authorised to fly the flag of the Member State;(b) date from which the vessel has been authorised by the Member State to engage in fishing in the NAFO Regulatory Area;(c) name of the State where the vessel is registered or has been previously registered and the date as from which it ceased flying the flag of that State;(d) name of the vessel;(e) official registration number of the vessel assigned by the competent national authorities;(f) home port of the vessel after the transfer;(g) name of owner or charterer of the vessel;(h) a declaration that the master has been provided with a copy of the regulations in force in the NAFO Regulatory Area;(i) the principal species which can be fished by the vessel in the NAFO Regulatory Area;(j) the sub-areas where the vessel may be expected to fish.Section 2 Technical measuresArticle 26 Mesh sizesThe use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for direct fishing of the species referred to in Annex X.  This mesh size may be reduced to a minimum of 60 mm for direct fishing of short-finned squid (Illex illecebrosus).  For direct fishing of skates (Rajidae) this mesh size shall be increased to minimum 280 mm in the cod-end and 220 mm in all other parts of the trawl.Vessels fishing for shrimp (Pandalus borealis) shall use nets with a minimum mesh size of 40 mm.Article 27 Attachments to nets1. The use of any means or device other than those described in this Article which obstructs the meshes of a net or which diminishes their size shall be prohibited.2. Canvas, netting or any other material may be attached to the underside of the cod-end in order to reduce or prevent damage.3. Devices may be attached to the upper side of the cod-end provided that they do not obstruct the meshes of the cod-end.  The use of top-side chafers shall be limited to those mentioned in Annex XI.4. Vessels fishing for shrimp (Pandalus borealis) shall use sorting grids or grates with a maximum spacing between bars of 22 mm. Vessels fishing for shrimp in Division 3L shall also be equipped with toggle chains of a minimum 72 cm in length.Article 28 By-catches1. Masters of the vessels may not conduct directed fisheries for species for which by-catch limits apply.  A directed fishery for a species is conducted when that species comprises the largest percentage by weight of the catch in any one haul.2. By-catches of the species listed in Annex ID for which no quotas have been fixed by the Community for a part of the NAFO Regulatory Area and taken in that part when fishing directly for any species may not exceed for each species 2 500 kg or 10% by weight of the total catch retained on board, whichever is the greater.  However, in a part of the Regulatory Area where directed fishing of certain species is banned, by-catches of each of the species listed in Annex ID may not exceed 1 250 kg or 5% respectively.3. Whenever the total amounts of species subject to by-catch limits in any haul exceed the limits laid down above, whichever is applicable, vessels shall immediately move a minimum of five nautical miles away from the previous haul.  Whenever the total amounts of species subject to by-catch limits in any future haul exceed the said limits, vessels shall again immediately move a minimum of five nautical miles away from the previous hauls and shall not return to the area for at least 48 hours.4. For vessels fishing for shrimp (Pandalus borealis), in the event that total by-catches of all species listed in Annex ID in any haul exceed 5% by weight in Division 3M and 2.5% in Division 3L, vessels shall immediately move a minimum of 5 nautical miles from the position of the previous haul.Catches of shrimp shall not be used in the calculation of by-catch level of groundfish species.Article 29 Minimum size of fishFish from the NAFO Regulatory Area which do not have the size required as set out in Annex XII may not be processed, retained on board, transshipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.  Where the quantity of caught fish not having the required size exceeds 10% of the total quantity, the vessel must move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing.  Any processed fish for which minimum fish size requirements apply which is below a length equivalent in Annex XII, shall be deemed to originate from fish that is below the minimum fish size.Section 3 Control measuresArticle 30 Log book and storage plan1. In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of vessels shall enter in the log book the information listed in Annex XIII.2. Each Member State shall notify the Commission in computer readable form, before the 15 of each month, the quantities of stocks specified in Annex XIV landed during the preceding month and to communicate any information received in view of Articles 11 and 12 of Regulation (EEC) No 2847/93.3. The masters of vessels flying the flag of a Member State and registered in the Community shall, in respect of catches of the species listed in Annex ID, keep:(a) a log book stating, by species and by processed product, the aggregate output; or(b) a storage plan of products processed, indicating, by species, where they are located in the hold.4. The master shall provide the necessary assistance to enable the quantities declared in the log book and the processed products stored on board to be verified.Article 31 NetsWhen fishing directly for one or more of the species listed in Annex X, vessels may not carry nets with the mesh size smaller than that laid down in Article 26.  However, vessels fishing in the course of the same voyage in areas other than the NAFO Regulatory Area may keep such nets on board provided these nets are securely lashed and stowed and are not available for immediate use, that is to say:(a) nets shall be unshackled from their boards and their hauling or trawling cables and ropes; and(b) nets carried on or above the deck must be lashed securely to a part of the superstructure.Article 32 TransshipmentVessels flying the flag of a Member State and registered in the Community shall not engage in transshipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities.Section 4 Special provisions for Northern prawnsArticle 33 Report on Northern prawnsMember States shall report to the Commission daily the quantities of Northern prawns (Pandalus borealis) caught in Division 3L of the NAFO Regulatory Area by vessels flying the flag of a Member State and registered in the Community. All fishing activities shall take place in depths greater than 200 meters and shall be limited to one vessel per Member State at any one time.Section 5 Special provisions for Greenland halibutArticle 34 Special fishing permit for Greenland halibut1. It is prohibited for Community fishing vessels with a length overall of more than 24 metres which are not entered into the list referred to in paragraph 2 to fish, retain onboard, tranship or land Greenland halibut.2. Each Member State shall send the Commission a list of the vessels of more than 24 metres overall length flying its flag and registered in the Community that it authorises to fish for Greenland halibut in Subarea 2 and Divisions 3KLMNO by issue of a special fishing permit.3. The list referred to in paragraph 2 shall include the internal number as defined in Annex I of Commission Regulation (EC) No 2090/98.4. This list shall be transmitted to the Commission in computer readable form within 15 days following the entry into force of this Regulation and, in the case of amendments of this list, at least 5 days before the vessel enters Subarea 2 and Divisions 3KLMNO.  The Commission shall forward the list promptly to the NAFO Secretariat.5. Each Member State shall allocate its quota individually among vessels included on the list referred to in paragraph 2. Member States shall transmit this information to the Commission within 15 days following the entry into force of this Regulation.Article 35 Reports1. Masters of vessels referred in Article 34 (2) shall transmit the following reports to the Flag Member State:a) The quantities of Greenland halibut retained onboard when the Community vessel enters Subarea 2 and Divisions 3KLMNO. This report shall be transmitted not earlier than 12 hours and not later than 6 hours in advance of each entry of the vessel to this zone.b) Daily catches of Greenland halibut. This report shall be sent by 12.00 hours UTC for the previous day ending at 24.00 hours.c) The quantities of Greenland halibut held onboard when the Community vessel exits Subarea 2 and Divisions 3KLMNO. This report shall be transmitted not earlier than 12 hours and not later than 6 hours in advance of each departure of the vessel from this zone and shall include the number of fishing days and the total catches in this zone.d) The quantities loaded and unloaded for each transshipment of Greenland halibut during the vessel's stay in Subarea 2 and Divisions 3KLMNO. These reports shall be transmitted no later than 24 hours after the completion of the transhipment.2. Member States shall, upon receipt, transmit the reports under paragraph 1 a), c) and d) to the Commission.Article 36 Designated ports1. It is prohibited to land any quantities of Greenland halibut at any place other than ports designated by NAFO Contracting Parties. Landings of Greenland halibut in ports of non-Contracting Parties are prohibited.2. Member States shall designate ports into which landings of Greenland halibut can take place and shall determine the associated inspection and surveillance procedures, including the terms and conditions for recording and reporting of the quantities of Greenland halibut within each landing.3. Member States shall transmit to the Commission within 15 days of the date of entry into force of this Regulation a list of designated ports and, within 15 days thereafter, the associated inspection and surveillance procedures referred to in paragraph 2. The Commission shall promptly forward this information to the NAFO Secretariat.4. The Commission shall (promptly) transmit a list of the designated ports referred to in paragraph 2 as well as ports designated by other Contracting Parties of NAFO to all Member States.Article 37 Inspection in port1. Member States shall ensure that all vessels that enter a designated port to land and/or tranship Greenland halibut are submitted to an inspection in port in accordance with the port inspection scheme of NAFO.2. It is prohibited to discharge and/or tranship catches from such vessels referred to in paragraph 1 until the inspectors are present.3. All quantities discharged shall be weighted by species before being transported to a cold store or another destination.4. Member States shall transmit the corresponding port inspection report to the NAFO Secretariat, with a copy to the Commission, within 7 working days from the date at which the inspection was completed.Article 38 Prohibition of landings and transhipments for non-Contracting Party vesselsMember States shall ensure that landings and transhipments of Greenland halibut from non-Contracting Party vessels which have been engaged in fishing activities in the NAFO Regulatory Area are prohibited.Article 39 Limitation of fishing effort1. Member States shall take the necessary measures to ensure that the fishing effort of  its vessels referred to in Article 34 (2) be commensurate to the fishing possibilities of Greenland halibut allocated to that Member State in accordance with Annex ID of this Regulation.2. Member States shall communicate to the Commission measures referred to in paragraph 1 within 15 days following the entry into force of this Regulation.Article 40 Fishing planMember States shall transmit to the Commission the fishing plan for their vessels authorised to fish Greenland halibut in accordance with the provisions in this Section not later than 31 January 2004 or, thereafter, at least 30 days before the commencement of such activity. The fishing plan shall represent the total fishing effort to be deployed in respect of this fishery.Article 41 Follow up on fishing activitiesMember States shall no later than 31 December 2004 submit a report to the Commission on the implementation of the measures laid down in Articles 34-39, including the total number of days fished.Section 6 Special provisions for redfishArticle 42 Redfish fishery1. The masters of vessels flying the flag of a Member State and registered in the Community, fishing for redfish in Division sub-Area 2 and Division IF, 3K and 3M of the NAFO Regulatory Area, shall notify every second Monday to the competent authorities of the Member State, whose flag the vessel is flying or in which the vessel is registered, the quantities of redfish caught in those areas and zones in the two-week period ending at 12 midnight on the previous Sunday.When accumulated catches reached 50 % of the TAC, weekly notification shall apply.2. Member States shall report to the Commission every second Tuesday before 12 noon for the fortnight ending at 12 midnight on the previous Sunday the quantities of redfish caught in sub-Area 2 and Divisions IF, 3K and 3M of the NAFO Regulatory Area by vessels flying their flag and registered in their territory.When accumulated catches reached 50 % of the TAC, reports shall be sent on a weekly basis.CHAPTER VII Special provisions for community vessels fishing in the area of CCAMLRSection 1 RestrictionsArticle 43 Prohibitions and catch limitationsDirect fishing of the species set out in Annex XV shall be prohibited in the zones and during the periods indicated therein.  For new and exploratory fisheries, the catch and by-catch limits set out in Annex XVI shall apply in the sub-areas/divisions indicated therein.Section 2 Exploratory fisheriesArticle 44 Specific measures applicable to exploratory fisheries open to Community fishing vessels(1) Fishing vessels flagged to Spain that have been notified to CCAMLR in accordance with the provisions of Article 16 of Council Regulation (EC) No 66/98 of 18 December 1997 may participate in long-line exploratory fisheries for Dissostichus spp. in FAO Subarea 48.6 and FAO Subarea 88.1 only. No more than one fishing vessel shall fish in each Subarea at any one time. Total catch and by-catch limits per Subarea and their distribution among Small Scale Research Units (SSRUs) within each of the two Subareas are set out in Annex XVI.(2) Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and effort. To this end, fishing in any SSRU shall cease when the rported catch reaches the specified catch limit and that SSRU shall be closed to fishing for the remainder of the season.Article 45 Reporting systemsFishing vessels participating in the exploratory fisheries referred to in Article 44 shall be subject to the following catch and effort reporting systems:(a) the Five-day Catch and Effort Reporting System set out in Article 7 paragraph 3 of Council Regulation (EC) No 66/98;(b) the Monthly fine-scale Catch and Effort Reporting System set out in Article 12 of Council Regulation (EC) No 66/98;(c) the total number and weight of Dissostichus eleginoides and Dissostichus mawsoni discarded, including those with the 'jellymeat' condition, shall be reported.Article 46 Special requirements(1) The exploratory fisheries referred to in Article 44 shall be carried out in accordance with Article 14 (3) of Council Regulation (EC) No 66/98 with regard to applicable measures to reduce the incidental mortality of seabirds in the course of long-line fisheries. In addition to these measures, the discharge of offal shall be prohibited in these fisheries.(2) Fishing vessels participating in exploratory fisheries in FAO Subarea 88.1 shall be subject to the following additional requirements:(a) vessels shall be prohibited from discharging:(i) oil or fuel products  or oily residues into the sea, except as permitted in Annex I of MARPOL 73/78;(ii) garbage;(iii) food wastes not capable of passing through a screen with openings no greater than 25 mm;(iv) poultry or parts (including egg shells); or(v) sewage within 12 nautical miles of land or ice shelves, or zewage while the ship is travelling at a speed of less than 4 knots.(b) No live poultry or other living birds shall be brought into Subarea 88.1 and any dressed poultry not consumed shall be removed from Subarea 88.1.(c) Fishing for Dissostichus spp. in Subarea 88.1 shall be prohibited within 10 nautical miles of the coast of the Balleny Islands.Article 47 Definition of hauls1. For the purposes of this Section, a haul comprises the setting of one or more lines in a single location. The precise geographic position of a haul shall be determined by the centre-point of the line or lines deployed for the purposes of catch and effort reporting.2. To be designated as a research haul:(a) each research haul must be separated by no less than 5 nautical miles form any other research haul, distance to be measured from the geographical mid-point of each research haul;(b) each haul shall comprise at least 3 500 hooks and no more than 10 000 hooks; this may comprise a number of separate lines set in the same location;(c) each haul of a longline shall have a soak time of not less than six hours, measured from the time of completion of the setting process to the beginning of the hauling process.Article 48 Research plansFishing vessels participating in the exploratory fisheries referred to in Article 44 shall implement Research Plans, in each and all SSRUs in which FAO Subareas 48.6 and 88.1 are divided.  The Research Plan shall be implemented in the following manner:(a) on first entry into a SSRU, the first 10 hauls, designated 'first series', shall be designated 'research hauls and must satisfy the criteria set out in Article 47(2);(b) the next 10 hauls, or 10 tonnes of catch, whichever trigger level is achieved first, are designated the  'second series'. Hauls in the second series can, at the discretion of the master, be fished as part of normal exploratory fishing; However, provided they satisfy the requirements of Article 47(2), below, these hauls can also be designated as research hauls;(c) on completion of the first and second series of hauls, if the master wishes to continue to fish within the SSRU, the vessel must undertake a 'third series' which will result in a total of 20 research hauls being made in all three series. The third series of hauls shall be completed during the same visit as the first and the second series in a SSRU;(d) on completion of 20 research hauls the vessel may continue to fish within the SSRU;(e) in SSRUs A, B, C, E and G in Subarea 88.1 where fishabel seabed area is less than 15 000 km , subparagraphs (b), (c) and (d) shall not apply and on completion of 10 research hauls the vessel may continue to fish within the SSRU.Article 48 Research plans(1) Fishing vessels participating in the exploratory fisheries referred to in Article 44 shall implement Data Collection Plans, in each and all SSRUs in which FAO Subareas 48.6 and 88.1 are divided.   The Data Collection Plan shall comprise the following data:a) position and sea depth at each end of every line in a haul;b) setting, soak, and hauling times;c) number and species of fish lost at surface;d) number of hooks set;e) bait type;f) baiting success (%);g) hook type; andh) sea and cloud conditions and phase of the moon at the time of setting the lines.(2) All data specified under paragraph 1 shall be collected for every research for every research haul; in particular, all fish in a research haul up to 100 fish are to be measured and at least 30 fish sampled for biological studies. Where more than 100 fish are caught, a method for randomly subsampling the fish should be applied.Article 50 Tagging programEach fishing vessel participating in the exploratory fisheries accordingreferred to in Article 44 shall further implement a tagging program as follows:(a) Dissostichus spp. individuals shall be tagged and released at a rate of one individual per tonne of green weight catch throughout the season. Vessels shall only discontinue tagging after they have tagged 500 individuals, or leave the fishery having tagged one individual per tonne of green weight caught;(b) the programme should target small individuals under 100 cm, although larger individuals should be tagged if necessary in order to meet the tagging requirement of one individual per one tonne of green weight catch. All released individuals should be double-tagged and releases should cover as broad a geographical area as possible;(c) all tags shall be clearly imprinted with a unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual;(d) all relevant tag data and any tag recaptures of Dissostichus spp. in the fishery shall be reported in computer readable form to CCAMLR within two months of the vessel departing these fisheries.Article 51 Scientific observersEach fishing vessel participating in the exploratory fisheries referred to in Article 44 shall have at least two scientific observers, one of which shalll be an observer appointed in accordance with the CCAMLR Scheme of International Scientific Observation, on board throughout all fishing activities within the fishing period.CHAPTER VIII Final ProvisionsArticle 52 Data transmissionPursuant to Regulation (EEC) No 2847/93, data relating to the landing of quantities of stocks caught shall be sent by Member States to the Commission in computer readable form by using stock codes set out in each table of stock.Article 53 Enter into forceThis Regulation shall enter into force on 1 January 2004.Where the TACs of the CCAMLR area are set for periods starting before 1 January 2004, Article 43 shall apply with effect from the beginning of the respective periods of application of the TACs.Articles 13 and 14 shall not apply to Estonia, Latvia, Lithuania and Poland from the date of accession of these States.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, [...]For the Council[...]The PresidentANNEX I Fishing opportunities applicable for Community vessels in areas where catch limitations exist and for vessels from third countries in EC waters, by species and by area (in tonnes live weight, except where otherwise specified)All catch limitations set out in this Annex are considered as quotas for the purposes of Article 9, and shall, therefore, be subject to the rules set out in Regulation (EC) No 2847/93, in particular Articles 14 and 15 thereof.Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. A table of correspondences of common names and Latin names is given below for the purposes of this Regulation:Common name  //  Scientific name//Albacore  //  Thunnus alalungaAlfonsinos  //  Beryx spp.American plaice  //  Hippoglossoides platessoidesAnchovy  //  Engraulis encrasicolusAnglerfish  //  LophiidaeAntarctic icefish  //  Champsocephalus gunnariAntarctic toothfish  //  Dissostichus eleginoidesAtlantic catfish  //  Anarhichas lupusAtlantic halibut  //  Hippoglossus hippoglossusAtlantic salmon  //  Salmo salarBasking shark  //  Cetorhinus maximusBigeye tuna  //  Thunnus obesusBlack scabbardfish  //  Aphanopus carboBlackfin icefish  //  Chaenocephalus aceratusBlue ling  //  Molva dypterigiaBlue marlin  //  Makaira nigricansBlue whiting  //  Micromesistius poutassouBluefin tuna  //  Thunnus thynnusCapelin  //  Mallotus villosusCod  //  Gadus morhuaCommon sole  //  Solea soleaCrab  //  Paralomis spp.Dab  //  Limanda limandaFlatfish  //  PleuronectiformesFlounder  //  Platichthys flesusForkbeards  //  Phycis spp.Greater silver smelt  //  Argentina silusGreenland halibut  //  Reinhardtius hippoglossoidesGrenadier  //  Macrourus spp.Grey rockcod  //  Lepidonothen squamifronsHaddock  //  Melanogrammus aeglefinusHake  //  Merluccius merlucciusHerring  //  Clupea harengusHorse mackerel  //  Trachurus spp.Humped rockcod  //  Gobionotothen gibberifronsKrill  //  Euphausia superbaLantern fish  //  Electrona carlsbergiLemon sole  //  Microstomus kittLing  //  Molva molvaMackerel  //  Scomber scombrusMarbled rockcod  //  Notothenia rossiiMegrims  //  Lepidorhombus spp.Northern prawn  //  Pandalus borealisNorway lobster  //  Nephrops norvegicusNorway pout  //  Trisopterus esmarkiOrange roughy  //  Hoplostethus atlanticus"Penaeus" shrimps  //  Penaeus sppPlaice  //  Pleuronectes platessaPolar cod  //  Boreogadus saidaPollack  //  Pollachius pollachiusPorbeagle  //  Lamna nasusRedfish  //  Sebastes spp.Red Seabream  //  Pagellus bogaraveoRoughead grenadier  //  Macrourus berglaxRoundnose grenadier  //  Coryphaenoides rupestrisSaithe  //  Pollachius virensSandeel  //  AmmodytidaeSeabass  //  Dicentrarchus labraxShort fin squid  //  Illex illecebrosusSkates and rays  //  RajidaeSnow crab  //  Chionoecetes spp.South Georgian icefish  //  Pseudochaenichthys georgianusSpanish ling  //  Molva macrophthalmusSprat  //  Sprattus sprattusSpurdog  //  Squalus acanthiasSwordfish  //  Xiphias gladiusToothfish  //  Dissostichus eleginoidesTurbot  //  Psetta maximaTusk  //  Brosme brosmeUnicorn icefish  //  Channichthys rhinoceratusWhite marlin  //  Tetrapturus albaWhiting  //  Merlangius merlangusWitch flounder  //  Glyptocephalus cynoglossusYellowfin tuna  //  Thunnus albacaresYellowtail flounder  //  Limanda ferrugineaANNEX IA BALTIC SEAAll TACs in this area, except for plaice, are adopted in the framework of IBSFC.&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;ANNEX IB SKAGERRAK, KATTEGAT, NORTH SEA AND WESTERN COMMUNITY WATERS ICES areas Vb (EC waters), VI, VII, VIII, IX, X, CECAF (EC waters), and French Guyana&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE 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POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;ANNEX IC NORTH EAST ATLANTIC AND GREENLAND ICES areas I, II, IIIa, IV, V, XII, XIV and NAFO 0, 1 (Greenland waters)&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;ANNEX ID NORTH WEST ATLANTIC Area of NAFOAll TACs and associate conditions are adopted in the framework of NAFO.&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;ANNEX IE HIGHLY MIGRATORY FISH - All AreasTACS in this area are adopted in the framework of international fisheries organisations on tuna fisheries, such as ICCAT and IATTC.&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;ANNEX IF ANTARCTIC - Area of CCAMLRThese TACs, adopted by CCAMLR, are not allocated to the members of CCAMLR and hence the Community share is undetermined. Catches are monitored by the Secretariat of CCAMLR, who will communicate when fishing must cease due to TAC exhaustion.&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;ANNEX II Fishing opportunities applicable in 2004 for herring to be landed unsorted for purposes other than human consumption (in tonnes, live weight)All catch limitations set out in this Annex are considered as quotas for the purposes of Article 3 and shall, therefore, be subject to the rules set out in Regulation (EC) No 2847/93, in particular Articles 14 and 15 thereof.&gt;TABLE POSITION&gt;ANNEX III SPECIAL MEASURES CONCERNING NORTH SEA HERRING1. Member States shall adopt special measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations, in particular those set in Annex II.  These measures shall include, in particular:- special control and inspection programmes;- fishing effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70%, limitations on the activity of authorised vessels;- control of transhipment and of practices which incur discarding;- where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur.2. In the case of landings of herring unsorted from the remainder of the catch, Member States shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by catches of herring.  It shall be prohibited to land catches of fish containing unsorted herring in harbours where these sampling programmes are not in place.3. Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of points 1 and 2, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the special measures mentioned in point1.4. The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in points 1 and 2 does not achieve a strict control of fishing mortality of herring in all fisheries.5. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation.6. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board towed nets of mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation.  Herring landed by vessels operating within these conditions shall not be offered for sale for human consumption.ANNEX IV TRANSITIONAL TECHNICAL MEASURES1. Type of gear authorised for cod fishery in the Baltic Sea1.1. Towed nets1.1.1. Without exit windowsTowed nets without an exit window shall be prohibited.1.1.2. With exit windowsBy way of derogation from the provisions of special selectivity devices in Annex V to Regulation (EC) No 88/98, the provisions in Appendix 1 to this Annex shall apply.1.2. GillnetsBy way of derogation from the provisions of Annex IV to Regulation (EC) No 88/98, the minimum mesh size for gillnets shall be 110 mm.The nets shall not exceed a maximum length of 12 km for vessels with an overall length of up to and including 12 m.The nets shall not exceed a maximum length of 24 km for vessels with an overall length of more than 12 m.The soaking time of the nets shall not exceed 48 hours counting from the time the nets are first put in the water to the time when the nets are fully recovered on board the fishing vessel.2. By-catch of cod in the Baltic SeaBy way of derogation from the provisions of Article 3(4) of Regulation (EC) No 88/98, no undersized cod may be kept on board.  However, by way of derogation from the provisions of Article 3(5) of that Regulation, the by-catch of cod taken when fishing for herring and sprat with mesh sizes of 32 mm or smaller shall not exceed 3% by weight.  Of this by-catch, no more than 5% of undersized cod shall be kept on board.By-catches of cod may not exceed 10% when fishing for other species than herring and sprat with trawls and Danish seines other than those referred to in point 1.1.2.3. Minimum size for codBy way of derogation from the provisions laid down in Annex III to Regulation (EC) No 88/98, the minimum size for cod shall be 38 cm.4. Summer ban for Baltic codFishing for cod shall be prohibited in the Baltic Sea, the Belts and the Sound from 1 June to 31 August 2004 inclusive.5. Closure of Bornholm DeepFishing shall be prohibited from 15 May to 31 August 2004 in the Bornholm Deep,  in the maritime area defined by the lines connecting the following co-ordinates:- latitude 55° 30'N, longitude 15° 30'E.- latitude 55° 30'N, longitude 16° 30'E.- latitude 55° 00'N, longitude 16° 30'E.- latitude 55° 00'N, longitude 16° 00'E.- latitude 55° 15'N, longitude 16° 00'E.- latitude 55° 15'N, longitude 15° 30'E.- latitude 55° 30'N, longitude 15° 30'E.6. Technical conservation measures in the Skagerrak and in the KattegatNotwithstanding the conditions set out in Annex IV of Regulation (EC) No 850/98, the following rules shall apply in 2004:(a) A mesh size of 35 mm shall apply when fishing for prawns (Pandalus borealis);(b) A mesh size of 30 mm shall be used when fishing for argentine (Argentina spp.);(c) When fishing for whiting with a mesh size of 70 to 89 mm, the by-catches shall not exceed 30% for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, megrim, dab, saithe and lobster;(d) When fishing for Norway lobster with a mesh size of 70 to 89 mm, the by-catches should not exceed 60% for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, megrim, whiting, dab, saithe and lobster;(e) When fishing for prawns (Pandalus borealis) with a mesh size of 35 to 69 mm, the by-catches should not exceed 50% for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, herring, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster;(f) In all fisheries other than those covered in (c), (d) and (e), using a mesh size below 90 mm, the by-catches should not exceed 10% for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.7. Rockall Haddock boxAll fishing, except with longlines, shall be prohibited in Community and in international waters in the box bounded by the following coordinates:Point No Latitude Longitude1  57.000° N 15.000° W2  57.000° N 14.700° W3  56.575° N 14.327° W4  56.500°N 14.450° W5  56.500°N 15.000° W8. Fishing for herring in area IIa (EC waters)Fishing with towed gear of a mesh size less than 54 mm or with purse seines in area IIa (EC waters) is allowed only between 1 March and 15 May.9. Technical conservation measures in the MediterraneanFisheries, other than trawl fisheries carried out within 3 nautical miles of the coast or within the 50 m depth where that depth is reached at a shorter distance from the coast, currently operating under the derogations, provided for in Article 3(1) and (1a) and Article 6(1) and (1a) of Council Regulation (EC) N 1626/94, may continue their activity in 2004.10. Closure of an area for sandeel fisheries.It shall be prohibited to land or retain on board sandeels caught within the geographical area bounded by the east coast of England and Scotland, and a line sequentially joining the following coordinates:- the east coast of England at latitude 55º30'N,- latitude 55º30'N, longitude 1º00'W,- latitude 58º00'N, longitude 1º00'W,- latitude 58º00'N, longitude 2º00'W,- the east coast of Scotland at longitude 2º00'W,- the east coast of Scotland at longitude 2º00'W.However, a limited fishery will be allowed in order to monitor the sandeel stock in the area and the effects of the closure.11. Specific provisions for the Gulf of Riga11.1 Special fishing permit1. In order to exercise fishing activities in the Gulf of Riga vessels shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.2. Member States shall ensure that vessels to which a special fishing permit referred to in paragraph 1 has been issued are included in a list containing their name and internal registration number to be provided to the Commission by each Member State.Vessels included in the list shall satisfy the following conditions:(a) the total engine power (kW) of the vessels within each list must not exceed that observed for each Member State in the years 2000 - 2001 in the Gulf of Riga;(b) the engine power of a vessel must not exceed 221 kilowatts (kW) at any time.11.2 Replacement of vessels or engines1. Any individual vessel on the list referred to in point 12.1.2 may be replaced by another vessel or vessels, provided that:(a) such replacement will not lead to an increase in the total engine power as indicated in  point 12.1.2 (a) in the Member State concerned, and(b) the engine power of any replacement vessel does not exceed 221 kW at any time.2. An engine of any individual vessel included in the list referred to in point 12.1.2 may be replaced, provided that:(a) the replacement of an engine does not lead to the vessel's engine power exceeding 221 kW at any time, and(b) the power of the replacement engine is not such that replacement will lead to an increase in the total engine power as indicated in point 12.1.2 (a) for the Member State concerned.12. Weighing procedures for herring or mackerel caught in ICES Sub-areas I and II12.1 By way of derogation from the provisions of Article 5 (2) of Regulation (EEC) No 2807/83 laying down detailed rules for recording information on Member States' catches of fish [22] the estimates of quantities entered in the logbook, in kilograms, of fish retained on board, shall not differ by more than 5% from the quantity of fish actually landed.[22]  OJ L 276, 10.10.1983 p. 112.2 All buyers purchasing in excess of 10 tonnes of fresh fish shall weigh all quantities received. The weighing shall be carried out prior to the fish being processed, held in cold storage, transported from the port of landing or resold.In addition to the obligations set out in Article 9 (1) and (2) of Regulation (EC) No 2847/93 establishing a control system applicable to the common fisheries policy [23] the processor or buyer of the quantities landed shall submit a copy of the invoice or a document replacing it, as referred to in Article 22 (3) of the sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment [24], listing the information required by Article 9 (3), to the competent authorities of the Member State concerned on demand or within 48 hours of the completion of the weighing.[23]  OJ L 261, 20.10.1993, p. 1[24]  OJ L 145, 13.6.1977, p. 1.   Regulation as last amended by Council Directive 2003/92/EC of 7.10.2003,(OJ L 260, 11.10.2003, p. 8).12.3 When determining the weight referred to in paragraph 12.2 any deduction for water content shall not exceed 2%.12.4 For quantities of fish landed frozen an average weight for boxes shall be determined on the basis of representative samples. Member States shall notify before 31 January 2004 their sampling methodology, which shall be approved by the Commission.13. Restrictions on fishing for Norway lobsterFishing with bottom trawls and creels shall be prohibited in the geographical areas bounded by a line joining the following co-ordinates:Box 1- Latitude  43°35N, longitude 004°45W- Latitude  43°45N, longitude 004°45W- Latitude  43°37N, longitude 005°20W- Latitude  43°55N, longitude 005°20WBox 2:- Latitude  43°37N, longitude 006°15W- Latitude  43°50N, longitude 006°15W-  Latitude  44°00N, longitude 006°45W-  Latitude  43°34N, longitude 006°45WBox 3:-   Latitude  42°00N, longitude 009°00W-  Latitude  42°27N, longitude 009°00W-  Latitude  42°27N, longitude 009°30W-   Latitude  42°00N, longitude 009°30WBox 4:-  Latitude  37°45N, longitude 009°00W-  Latitude  38°10N, longitude 009°00W-  Latitude  38°10N, longitude 009°15W-  Latitude  37°45N, longitude 009°20WBox 5:-  Latitude  36°05N, longitude 007°00W-  Latitude  36°35N, longitude 007°00W-  Latitude  36°45N, longitude 007°18W-  Latitude  36°50N, longitude 007°50W-  Latitude  36°25N, longitude 007°50W"14. Restrictions on fishing for Cod in West of ScotlandUntil 31 December 2004, it shall be prohibited to conduct any fishing activity within the area enclosed by sequentially joining with straight lines the following geographical coordinates:- 59°05'N, 06°45'W- 59°30'N, 06°00'W- 59°40'N, 05°00'W- 60°00'N, 04°00'W- 59°30'N, 04°00W'- 59°05'N, 06°45'W15. Mesh size ranges, target species and required catch percentages applicable to the use of a single mesh size range in towed gears in the Skagerrak and the KattegatBy way of derogation from the provisions of towed gears in Skagerrak and Kattegat as laid down in Annex IV to Regulation (EC) No 850/98, the provisions in Appendix 2 to this Annex shall apply from 1 March 2004.Appendix 1 to Annex IVSpecifications of top window codend "BACOMA"Specification of 110 mm, measured as inner diameter opening, square mesh window in a codend with a 105 mm or larger mesh size in trawls, Danish seines or similar towed nets.The window shall be a rectangular section of netting in the codend.  There shall be only one window.  The window shall not be obstructed in any way by either internal or external attachments.Size of the codend, extension piece and the rear end of the trawlThe codend shall be constructed of two panels of equal size, joined together by selvedges one on each side.The carrying on board of a net having more than 100 open diamond meshes in any circumference of the codend, excluding the joining or the selvedges shall be prohibited.The number of open diamond meshes, excluding those in the selvedges, at any point on any circumference of any extension or lengthening piece shall not be less or more than the maximum number of meshes on the circumference of the front end of the codend stricto sensu and the rear end of the tapered section of the trawl excluding meshes in the selvedges (Figure 1).Location of the windowThe window shall be inserted into the top panel of the codend.  The window shall terminate not more than 4 meshes from the codline, inclusive of the hand braided row of meshes through which the codline is passed (Figure 2.).Size of the windowThe width of the window, expressed in number of mesh bars, shall be equal to the number of open diamond meshes in the top panel divided by two.  If necessary, it will be allowed to maintain at the most 20% of the number of open diamond meshes in the top panel divided evenly on the both sides of the window panel (Figure 3).Length of the window shall be at least 3,5 meters.The netting of the windowThe meshes shall have a minimum mesh opening of 110 millimeters.  The meshes shall be square meshes i.e. all four sides of the window netting will be cut all bars.  The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend.  The netting shall be knotless braided single twine or a netting with similar proven selective properties.  The diameter of the single yarn shall be at least 4,9 millimeters.Other specificationThe mounting specifications are defined in Figures 4a to c.  The length of the lifting strap shall not be less than 4 m.&gt;REFERENCE TO A GRAPHIC&gt;Figure 1.Trawl gear can be divided into three different sections according to shape and function.The trawl body is always a tapered section often between 10 and 40 m long.  The extension piece is an untapered section normally manufactured of either one or two pieces of 49.5 mesh long nets giving a stretched length between 6 or 12 m.  The codend is also an untapered section often made of double twine in order to have a better resistance against heavy wearing.  The codend length is often 49.5 meshes i.e. circa 6 metres although shorter codends (2-4) exists in smaller vessels.  The part below the lifting strap is called a lifting bag.Figure 2.The distance of the window panel from the codline is 4 meshes.  There are 3.5 diamond meshes in the upper panel and one 0.5 mesh deep hand-braided "codline" row.&gt;REFERENCE TO A GRAPHIC&gt;Figure 3.Twenty percent of diamond meshes in the upper panel along a perpendicular row running from one selvedge to another may be maintained.  For example (as in figure 3) if the upper panel were 30 open meshes wide, 20% of that would be 6 meshes.  Then three open meshes are divided on both sides of the window panel.  Consequently the width of the window panel then becomes 12 mesh bars (30 - 6 = 24 diamond meshes divided by two is 12 mesh bars).Lower panel&gt;REFERENCE TO A GRAPHIC&gt;&gt;REFERENCE TO A GRAPHIC&gt;&gt;REFERENCE TO A GRAPHIC&gt;Figure 4a: Showing the construction of lower panel made of 49.5 meshes deep nettingUpper panel(without diamond meshes between selvedge and square mesh panel)&gt;REFERENCE TO A GRAPHIC&gt;Figure 4b: the construction of upper panel, size and position of the window panel in case when the escape panel runs from selvedge to selvedgeUpper panel(with diamond meshes between selvedge and square mesh panel)&gt;REFERENCE TO A GRAPHIC&gt;Figure 4c: The construction of upper panel in case 20% of diamond meshes in the upper panel are maintained and equally divided on both sides of the windowAppendix 2 to Annex IVTOWED GEARS: Skagerrak and KattegatMesh size ranges, target species and required catch percentagesapplicable to the use of a single mesh size range&gt;TABLE POSITION&gt;(1)           Only within four miles from the baselines.(2)           Outside four miles from the baselines.(3)           From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat.(4)           From 1 November to the last day of February in Skagerrak and from 1 August to the last day of February in Kattegat.(5)           When applying this mesh size range the codend and the extension piece shall be constructed of square meshed netting.ANNEX V INTERIM FISHING EFFORT LIMITATION AND ADDITIONAL CONDITIONS FOR MONITORING, INSPECTION AND SURVEILLANCE IN THE CONTEXT OF CERTAIN FISH STOCKS RECOVERYGENERAL PROVISIONS1. The conditions laid down in this Annex shall apply from 1 February 2004 to 31 December 2004 to Community fishing vessels of length overall equal to or greater than 10 metres.2. For the purposes of this Annex, the following geographical areas shall apply:(a)        Kattegat(b)        Skagerrak and North Sea(c)        West of Scotland. (ICES Division VIa)(d)       English Channel (ICES Divisions VIId, e)(e)       Irish Sea (ICES Division VIIa)(f)        Iberian Peninsula, Atlantic coast (ICES Divisions VIIIc and IXa)3. For the purposes of this Annex, a day absent from port shall be:(a) the 24-hour period between 00:00 Hrs of a calendar day and 24:00 Hrs of the same calendar day or any part of such a period or;(b) any continuous period of 24 hours as recorded in the EC logbook between the date and time of departure and the date and time of arrival or any part of any such time period.A Member State which wishes to employ the definition of a day absent from port laid down under (b) shall notify the Commission of the means of monitoring the activities of a vessel to ensure compliance with those conditions laid down in (b).4. For the purpose of this Annex, the following groupings of fishing gears shall apply:(a) demersal trawls, seines or similar towed gears of mesh size equal to or greater than 100 mm except beam trawls;(b) beam trawls of mesh size equal to or greater than 80 mm;(c) static demersal nets including gill nets, trammel nets and tangle nets;(d) demersal longlines;(e) demersal trawls, seines or similar towed gears of mesh size between 70 mm and 99 mm except beam trawls;(f) demersal trawls, seines or similar towed gears of mesh size between 16 mm and 31 mm except beam trawls;(g) demersal trawls or similar towed gears of mesh size equal to or greater than 32 mm.FISHING EFFORT5. (a) Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 4, fishing vessels flying its flag and registered in the Community shall be absent from port and present within any of the areas specified in point 2 for no more than the number of days specified in point 6.(b) Days absent from port and spent in areas other than those specified in point 2 shall not be counted against the number of days specified in point 6.6. (a) The maximum number of days in any three calendar months for which a vessel may be absent from port having carried on board any one of the fishing gears referred to in point 4 are as shown in table I.Table I - Maximum days by area and fishing gear&gt;TABLE POSITION&gt;(b) An additional number of days on which a vessel may be absent from port when carrying on board any of the gears referred to in point 4 may be allocated to Member States by the Commission on the basis of the achieved results of decommissioning programmes that have taken place since 1 January 2002.Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of their completed decommissioning programmes.On the basis of such a request the Commission, following consultation with Member States, may amend the number of days defined in point (a) for that Member State.(c) By way of derogation from (a), a Member State may, after obtaining approval from the Commission, permit any of its vessels fishing with any gear to spend up to 66 days absent from port provided that the following conditions are satisfied:(i) the Member State has verified from records in the EC logbook that the vessel has not had more than 5% of its average annual landings in live weight during any of the years 2002 comprised of either cod, sole or plaice for areas defined in point 2 (a) to (e) and of hake for the area defined in point 2(f);(ii) the catch retained on board the vessel shall consist at any time of no more than 5% of either cod, sole, plaice or hake;(iii) the Member State has previously notified the Commission of its intention to apply this provision.If the conditions set out in (ii) are not met by a vessel, that vessel shall no longer be entitled to the additional days absent from port allocated point (c).7. Before the first day of each three month management period vessel owners shall notify to the authorities of the flag Member State which gear or gears they intend to use during the forthcoming management period. They shall not be absent from port on more days than the number indicated in point 6(a) for the gear group notified to their authorities which has the least number of days absent from port.8. A vessel which is present within any of the areas defined in point 2 and carrying on board any one of the fishing gears referred to in point 4 may not simultaneously carry on board any of the other gears referred to in point 4.9. In any given three month management period a vessel that has used the number of days absent from port to which it is eligible shall remain in port or out of any area referred to in point 2 for the remainder of the management period.10. (a) A Member State may permit any of its fishing vessels to transfer days absent from port to which it is eligible to another of its vessels for the same management period provided that the product of the days absent from port received by a vessel multiplied by its installed engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel multiplied by the installed engine power in kilowatts of that vessel. The installed engine power in kilowatts of the vessels shall be those recorded for each vessel in the Community fishing vessel register.(b) The total number of days absent from port transferred under sub-point (a) multiplied by the installed engine power in kilowatts of the donor vessel cannot be higher than the donor vessel's documented average annual days spent in the areas defined in point 2 from the years 2000, 2001, 2002 multiplied by the installed engine power in kilowatts of that vessel.(c) The transfer of days absent from port as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping and area categories referred to in point 6 (a).(d) No transfer of days absent from port from vessels benefiting from the allocation referred to in point 6(c) is permitted.(e) On request from the Commission, Member States shall provide reports on the transfers that have taken place.11. A Member State shall not permit fishing with any of the gears defined in point 4 in an area defined in point 2 by any of its vessels which have no record of such fishing activity in the years 2000, 2001 or 2002 in that area.12. The conditions referred to in points 5-11 shall apply to fishing from 1 January 2004 to 31 December 2004 in areas referred to in point 2(a), 2(b) and 2(c) and to fishing from 1 February 2004 to 31 December 2004 in areas referred to in point 2(d), 2(e) and 2(f).MONITORING, INSPECTION AND SURVEILLANCE13. Notwithstanding Article 19a of Regulation (EEC) N° 2847/93, Articles 19b, 19c, 19d, 19e of that Regulation shall apply to vessels deploying the fishing gears defined in point 4 and operating in the areas defined in point 2.14. Member States may implement alternative control measures to ensure compliance with reporting obligations referred in point 13 of this Annex which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.15. The master of a fishing vessel, or his representative, prior to any entry to port of a Member State after having been present in an area referred to in Table II with more than the volume of any species indicated on that table, shall inform, at least four hours in advance of such entry, the competent authorities of that Member State of:- the name of the port,- the estimated time of arrival at that port,- the quantities in kilograms live weight for each species of which more than 50 kg is retained on board,16. The competent authorities of a Member State, in which a landing exceeds the volume of any species referred to in Table II is to be made, may require that the discharge does not commence until authorised by those authorities.Table II -Landing volumes in tonnes by area and species above which special condition apply&gt;TABLE POSITION&gt;PN - Prior Notification as referred to in Point 16DP - Designated Port as referred to in Point 1717. It is not permitted to land in excess of the volume of any species referred to in Table II for a fishing vessel having being in the area defined in the table outside a designated port.Each Member State shall transmit to the Commission within 15 days of the date of entry into force of this Regulation the list of designated ports and, within 30 days thereafter, inspection and surveillance procedures including, for those ports, the terms and conditions for recording and reporting the quantities of any of the species and stocks referred to in Article 12 within each landing. The Commission shall transmit this information to all Member States.18. By way of derogation from Article 5(2) [25] of Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish, the permitted margin of tolerance, in estimation of quantities, in kilograms retained on board of vessels referred to in point 14 shall be 5% of the logbook figure.[25]  O.J. L276, 10.10.1983, p.1.19. It shall be prohibited to retain on board a fishing vessel in any container any quantity of cod or plaice mixed with any other species of marine organism. Containers with cod or plaice shall be stowed in the hold in such a way that they are kept separate from other containers.20. The competent authorities of a Member State shall ensure that any quantity of cod and/or plaice caught in any of the areas specified in point 2 and first landed in that Member State is weighed in the presence of controllers before being transported from the port of first landing. Any quantity of cod and/or plaice first landed in a port designated under point 16 shall be weighed in the presence of controllers before it is offered for first sale and sold.21. The competent authorities of a Member State shall ensure that any quantity of southern hake or nephrops exceeding 50 Kilograms caught in any of the areas specified in point 2 (f) and first landed in that Member State is sold through an auction and weighed before sale.22. By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities bigger than 50 Kg of any species referred to in Article 12 which are transported to a place other than that of landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of Regulation (EEC) No 2847/93 pertaining to the quantities of these species transported. The exemption provided for in Article 13(4)(b) of Regulation (EEC) No 2847/93 shall not apply.23. By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for any of the stocks referred to in Article 12 may last more than two years from their date of entry into force.ANNEX VI FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN THE NORTH SEA AND THE SKAGERRAK1. From 1 January to 31 December 2004, the conditions laid down in this Annex shall apply to Community fishing vessels fishing in the North Sea and the Skagerrak with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm.For the purposes of this Annex a day absent from port shall be:(a)        the 24-hour period between 00:00 Hrs of a calendar day and 24:00 Hrs of the same calendar day or any part of such a period or;(b)        any continuous period of 24 hours as recorded in the EC logbook between the date and time of departure and the date and time of arrival or any part of any such time period.2. Into the geographical area referred to in paragraph 1.3. Each Member State shall not later than 1 March 2004 establish a data base containing for the North Sea and Skagerrak, for each of the years 2001, 2002 and 2003 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 16mm, the following information:a) the name and internal registration number of the vessel;b) the installed engine power of the vessel in kilowatts measured in accordance with Article 5 of Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels [26];[26]  OJ L 274, 25.09.1986, p.1.c) the number of days absent from port when fishing with demersal trawl, seine or similar towed gear with a mesh size of less than 16 mm;d) the kilowatt-days as the product of the number of days absent from port and the installed engine power in kilowatts.4. The following quantities shall be calculated by each Member State:a) the total kilowatt-days for each year as the sum of the kilowatt-days calculated in paragraph 3(d);b) the average kilowatt-days for the period 2001 to 2003.5. Each Member State shall ensure that the number of kilowatt-days in 2004 for vessels flying its flag or registered in the Community does not exceed the number in 2003 as calculated in paragraph 4(a).6. The maximum number of kilowatt-days referred to in paragraph 5 shall be revised by the Commission before 30 June, based on advice from the International Council for the Exploration of the Sea (ICES) on the size of the 2003 year class of North Sea sandeel, in accordance with the following rules:a) where ICES estimates the size of the 2003 year class of North Sea sandeel to be at or above 500,000,000 individuals at age 0, the number of kilowatt-days shall not exceed the average kilowatt-days for the period 2001 to 2003 as calculated in paragraph (4(b);b) where ICES estimates the size of the 2003 year class of North Sea sandeel to be between 300,000,000 and 500,000,000 individuals at age 0, the number of kilowatt-days shall not exceed the level in 2003 as calculated in paragraph 4(a);c) where ICES estimates the size of the 2003 year class of North Sea sandeel to be below 300,000,000 individuals at age 0, fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16mm shall be prohibited for the remaining of 2004.ANNEX VIIPART IQuantitative limitations of licences andfishing permits for community vessels fishing inthird country waters&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;PART IIQuantitative limitations of licences and fishing permits forthird countries vessels in Community waters&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;PART IIIDeclaration pursuant to Article 15 (2)LANDING DECLARATION  [27][27]  One copy is kept by the master, one copy is kept by the control officer, and one copy is to be sent to the Commission of the European Communities.&gt;TABLE POSITION&gt;Quantity of shrimps landed (in live-weight)"Head-off" shrimps:  kgor (       x 1,6) = kg (head-on shrimps)"Head-on" shrimps:  kgThunnidae: kg  //  Snapper (Lutjanidae): kgShark: kg  //  Other: kgANNEX VIIIPART IInformation to be recorded in the logbookWhen fishing within the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries, the following details are to be entered in the log-book immediately after the following events:After each haul:1.1. the quantity (in kilograms live-weight) of each species caught;1.2. the date and the time of the haul;1.3. the geographical position in which the catches were made;1.4. the fishing method used.After each trans-shipment to or from another vessel:2.1. the indication "received from" or "transferred to";2.2. the quantity (in kilograms live-weight) of each species trans-shipped;2.3. the name, external identifications letters and numbers of the vessel to or from which the trans-shipment occurred.2.4. trans-shipment of cod is not allowed.After each landing in a port of the Community:3.1. name of the port;3.2. the quantity (in kilograms live-weight) of each species landed.After each transmission of information to the Commission of the European Communities:4.1. date and time of the transmission;4.2. type of message: IN, OUT, ICES, WKL or 2 WKL;4.3. in the case of radio transmission: name of the radio station.PART II&gt;REFERENCE TO A GRAPHIC&gt;ANNEX IX CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSIONThe information to be transmitted to the Commission of the European Communities and the timetable for its transmission are as follows:1.1. On each occasion the vessel enters the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries:(a) the information specified under 1.5;(b) the quantity (in kilograms) of each species of fish in the hold;(c) the date and ICES division within which the master intends to commence fishing.Where the fishing operations necessitate more than one entry into the zones referred to under 1.1 on a given day, one communication shall suffice on first entry.1.2. On each occasion the vessel leaves the zone referred to under 1.1:(a) the information specified under 1.5;(b) the quantity (in kilograms live-weight) of each species of fish in the hold;(c) the quantity (in kilograms live-weight) of each species caught since the previous transmission;(d) the ICES division in which the catches were taken;(e) the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the vessel entered the zone and the identification of the vessel to which the transfer was made;(f) the quantity (in kilograms live-weight) of each species landed in a port of the Community since the vessel entered the zone.Where the fishing operations necessitate more than one entry into the zones referred to under 1.1 on a given day, one single communication on the last exit will be sufficient.1.3. At three-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1.1 when fishing for herring and mackerel, and at weekly intervals, commencing on the seventh day after the vessel first enters the zones referred to under 1.1 when fishing for all species other than herring and mackerel:(a) the information specified under 1.5;(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission;(c) the ICES division in which the catches were made.1.4. On each occasion the vessel moves from one ICES division to another:(a) the information specified under 1.5;(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission;(c) the ICES division in which the catches have been taken.1.5.   (a) The name, call sign, external identification letters and numbers of the vessel and thename of its master;(b) the licence number if the vessel is under licence;(c) the serial number of the message for the voyage concerned;(d) identification of the type of message;(e) the date, the time and the geographical position of the vessel.2.1. The information specified under point 1 shall be transmitted to the Commission of the European Communities in Brussels (telex 24189 FISEU-B) via one of the radio stations listed under point 3 below and in the form specified under point 4.2.2. If it is impossible for reasons of force majeure for the message to be transmitted by the vessel, it may be transmitted on the vessel's behalf by another vessel.3. Name of radio station Call sign of radio stationLyngby  //  OXZLand's End  //  GLDValentia  //  EJKMalin Head  //  EJMTorshavn  //  OXJBergen  //  LGNFarsund  //  LGZFlorø  //  LGLRogaland  //  LGQTjøme  //  LGTÅlesund  //  LGAØrlandet  //  LFOBodø  //  LPGSvalbard  //  LGSBlåvand  //  OXBGryt  //  GRYT RADIOGöteborg  //  SOGTurku  //  OFK4. Form of the communicationsThe information specified under point 1 shall contain the following particulars, which shall be given in the following order:- name of vessel;- call sign;- external identification letters and numbers;- serial number of the message for the voyage in question;- indication of the type of message according to the following code:- message when entering one of the zones referred to under 1.1: "IN",- message when leaving one of the zones referred to under 1.1: "OUT",- message when moving from one ICES division to another: "ICES",- weekly message: "WKL",- three-day message: "2 WKL";- the date, the time and the geographical position;- the ICES divisions/sub-areas in which fishing is expected to commence;- the date on which fishing is expected to commence;- the quantity (in kilograms live-weight) of each species of fish in the hold using the code mentioned in point 5;- the quantity (in kilograms live-weight) of each species of fish caught since the previous transmission using the code mentioned in point 5;- the ICES divisions/sub-areas in which the catches were made;- the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the previous transmission;- the name and call sign of the vessel to and/or from which the transfer was made;- the quantity (in kilograms live-weight) of each species landed in a port of the Community since the previous transmission;- the name of the master.5. Code to be used to indicate the species on board as mentioned in 1.4 above:Alfonsinos (Beryx spp.),  //  ALFAmerican plaice (Hippoglossoides platessoides),  //  PLAAnchovy (Engraulis encrasicolus),  //  ANEAngler/Monk (Lophius spp.),  //  MNZArgentine (Argentina silus),  //  ARGAtlantic pomfret (Brama brama),  //  POABasking shark (Cetorinhus maximus),  //  BSKBlack scabbardfish (Aphanopus carbo),  //  BSFBlue ling (Molva dypterygia),  //  BLIBlue whiting (Micromesistius poutassou),  //  WHBBob shrimp (Xyphopenaeus kroyerii),  //  BOBCod (Gadus morhua),  //  CODCommon shrimp (Crangon crangon),  //  CSHCommon squid (Loligo spp.),  //  SQCDogfish (Squalus acanthias),  //  DGSForkbeards (Phycis spp.),  //  FORGreenland halibut (Reinhardtius hippoglossoides),  //  GHLHaddock (Melanogrammus aeglefinus),  //  HADHake (Merluccius merluccius),  //  HKEHalibut (Hippoglossus hippoglossus),  //  HALHerring (Clupea harengus),  //  HERHorse-mackerel (Trachurus trachurus),  //  HOMLing (Molva molva),  //  LINMackerel (Scomber scombrus),  //  MACMegrim (Lepidorhombus spp.),  //  LEZNorthern deep-water prawn (Pandalus borealis),  //  PRANorway lobster (Nephrops norvegicus),  //  NEPNorway pout (Trisopterus esmarkii),  //  NOPOrange roughy (Hoplostethus atlanticus),  //  ORYOther,  //  OTHPlaice (Pleuronectes platessa),  //  PLEPollack (Pollachius pollachius),  //  POLPorbeagle (Lamma nasus),  //  PORRedfish (Sebastes spp.),  //  REDRed seabream (Pagellus bogaraveo),  //  SBRRoundnose grenadier (Coryphaenoides rupestris),  //  RNGSaithe (Pollachius virens),  //  POKSalmon (Salmo salar),  //  SALSandeel (Ammodytes spp.),  //  SANSardine (Sardina pilchardus),  //  PILShark (Selachii, Pleurotremata),  //  SKHShrimp (Penaeidae),  //  PEZSprat (Sprattus sprattus),  //  SPRSquid (Illex spp.),  //  SQXTuna (Thunnidae),  //  TUNTusk (Brosme brosme),  //  USKWhiting (Merlangus merlangus),  //  WHGYellowtail flounder (Limanda ferruginea),  //  YELANNEX XList of species&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;*In accordance with a recommendation adopted by STACRES at the 1970 Annual Meeting (ICNAF Redbook 1970, Part I, Page 67), hakes of the Genus Urophycis are designated as follows for statistical reporting:  (a) hake reported from Subareas 1, 2, and 3, and Divisions 4R, S, T and V be designated as white hake, Urophycis tenuis; (b) hake taken by line gears or any hake greater than 55 cm standard length, reagardless of how caught, from Divisions 4W and X, Subarea 5 and Statistical Area 6 be designated as white hake, Urophycis tennuis; (c) Except as noted in (b), other hake of the Genus Urophycis taken in Divisions 4W and X, Subarea 5 and Statistical Area 6 be designated as red hake, Urophycis chussANNEX XIAuthorised Topside Chafers1.  ICNAF-type topside chaferThe ICNAF-type topside chafer is a rectangular piece of netting to be attached to the upper side of the codend of the trawl net to reduce and prevent damage so long as such netting conforms to the following conditions:(a) this netting shall have a mesh size not less than that specified for the codend in Article 10;(b) this netting may be fastened to the codend only along the forward and lateral edges of the netting and at no other place in it, and shall be fastened in such a manner that it extends forward of the splitting strap no more than four meshes and ends not less than four meshes in front of the cod line mesh; where a splitting strap is not used, the netting shall not extend to more than one-third of the codend measured from not less than four meshes in front of the cod line mesh;(c) the width of this netting shall be at least one and a half times the width of the area of the codend which is covered, such widths to be measured at right angles to the long axis of the codend.&gt;REFERENCE TO A GRAPHIC&gt;2. Multiple flap-type topside chaferThe multiple flap-type topside chafer is defined as pieces of netting having in all their parts meshes the size of which, whether the pieces of netting are wet or dry, is not less than that of the codend, provided that:(i) each piece of netting(a) is fastened by its forward edge only across the codened at right angles to its long axis;(b) is of a width of at least the width of the codend (such width being measured at right angles to the long axis of the codend at the point of attachment); and(c) is not more than ten meshes long; and(ii) the aggregate length of all the pieces of netting so attached does not exceed two-thirds of the length of the codend.&gt;REFERENCE TO A GRAPHIC&gt;POLISH CHAFER3. Large-mesh (modified Polish-type) topside chaferThe large-mesh topside chafer consists of a rectangular piece of netting made of the same twine material as the codend, or of a single, thick, knotless twine material, attached to the rear portion of the upper side of the codend and extending over all or any part of the upper side of the codend and having in all its parts a mesh size twice that of the codend when measured wet and fastened to the codend along the forward, lateral and rear edges only of the netting in such a way that each mesh of the netting coincides with four meshes of the codend.&gt;REFERENCE TO A GRAPHIC&gt;ANNEX XIIMinimum Fish Size*&gt;TABLE POSITION&gt;*  Fish size refers to fork length for Atlantic cod; whole length for other species.** Lower size for green salted fish.ANNEX XIIIRecording of Catch (Logbook Entries)FISHING LOGBOOK ENTRIESItem of Information  Standard CodeVessel nameVessel nationalityVessel registration numberRegistration portTypes of gear used (separate record for different gear types)Type of gearDate - day- month- yearPosition - latitude- longitude- statistical area*1No. of hauls during the 24-hour period*2No. of hours gear fished during the 24-hour periodSpecies names        (Annex II)Daily catch of each species (metric tons round fresh weight)Daily catch of each species for human consumption in theform of fishDaily catch of each species for reductionDaily discard of each speciesPlace(s) of transshipmentDate(s) of transshipmentMaster's signatureInstructions:*1 When two or more types of gear are used in the same 24-hour period, records should be separate for the different types.Gear Codes&gt;TABLE POSITION&gt;1/ Fisheries agencies may indicate side and stern bottom and side and stern midwater trawls, as OTB-1 and OTB-2, and OTM-1 and OTM-2, respectively.2/ Including jigging lines.3/ Code LDV for dory operated line gears will be maintained for historical data purposes.4/ This item includes: hand and landing nets, drive-in-nets, gathering by hand with simple hand implements with or without diving equipment, poisons and explosives, trained animals, electrical fishing.Fishing Vessel CodesA. Main Vessel Types&gt;TABLE POSITION&gt;NEI = Not Elsewhere IdentifiedB. Main vessel activitiesAlfa Code  //  CategoryANC  //  AnchoringDRI  //  DriftingFIS  //  FishingHAU  //  HaulingPRO  //  ProcessingSTE  //  SteamingTRX  //  Trans-shipping on or off loadingOTH  //  Others - to be SpecifiedANNEX XIV NAFO area&gt;TABLE POSITION&gt;(1) Community waters.(2) Non-Community waters.ANNEX XV Prohibition of directed fishing in CCAMLR area&gt;TABLE POSITION&gt;ANNEX XVI Catch and by-catch limits for new and exploratory fisheries in the Area of CCAMLR in 2003/04&gt;TABLE POSITION&gt;(1) Rules for catch limits for by-catch species per SSRU, applicable within total by-catch limits per Subarea:- Skates and rays:  5% of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greatest- Macrourus spp.: 16% of the catch limit for Dissostichus spp.- Other species:  20 tonnes per SSRU.FINANCIAL STATEMENT1. Title of operationProposal for a Council Regulation fixing for 2004 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 limitations in catch are required.2. Budget heading(s) involvedNone3. Legal basisArticle 20 of Council Regulation (EC) No 2371/20024. Description of operation4.1 General objective- supply the Community market;- decrease the fishing effort in Community waters;- establish the definitive fishing quotas to be granted to Norway in Greenland waters in order to balance the arrangements on mutual access fishing rights between the Community and Norway for 2004.4.2 Period covered and arrangements for renewal1 January to 31 December 20045. Classification of expenditure or revenue5.1 Compulsory expenditure5.2 Differentiated appropriations6. Type of expenditure or revenueAs a result of the new accessing countries into the European Community, there is no longer financial implications.A financial compensation is paid for fishing possibilities offered by Greenland pursuant to Article 8 of the Fisheries Agreement between the EEC, on the one hand, and the Government of Denmark and the local Government of Greenland, on the other.   This agreement already exists, for which a financial statement has already been given.7. Financial impactThe modified Protocol covers the period from 1 January 2004 to 31 December 2006 and clearly distinguishes a yearly financial contribution as follows:- compensation for the fisheries possibilities EUR 31,760,679- structural reform of the fisheries policy  EUR 11,059,321Total      EUR 42,820,000The compensation for the fisheries possibilities is based on several changes:- The deletion of "paper-fish" such as Cod, Blue Whiting, Capelin in Western waters and Redfish in Western waters, as well as Catfish;- An increase in quotas of 800 tonnes of Atlantic Halibut, of 4,200 tonnes of Greenland Halibut in Eastern waters, and of 4,000 tonnes of Shrimps in Western waters, in accordance with scientific advice;- The introduction of a quota of 1000 tonnes of Snowcrab, in accordance with scientific advice;- The introduction of a quota of 2,000 tonnes for all by-catches.7.1 Method of calculating total cost of operation (relation between individual and total costs)The main modification introduced in the Revised Protocol:The compensation for the fishing possibilities is assessed to be of a value of EUR31,760,679, in light of the modified fishing possibilities. The Fourth Protocol had an estimated value of the fishing possibilities of EUR28 million. The value is calculated on the basis of landing prices (average 2002). The remainder of the annual compensation, EUR11,059,321 per annum, will cover a budget support for the structural reform of the fisheries policy in Greenland, as presented with the Council Decision in the form of an Exchange of Letters for the provisional application of the Protocol modifying the Fourth Protocol.8. Fraud prevention measuresWith regards to the financial compensation for the fisheries component, a system of monitoring of the catches and the rate of utilisation of the fishing possibilities will be set up by Council Regulation on the transfer and licences.With regards to the financial compensation for the budget support to the structural reform of the Greenland fisheries policy, the Greenland authorities have committed themselves to introduce a planning of reforms before the end of 2003. This will allow the contracting Parties to monitor on a yearly basis the implementation of the set indicators.9. Elements of cost-effectiveness analysisGreenland Agreement:In light of the economic & financial analysis carried out by Commission service in May 2003, the changes in quotas in light of scientific advice are:- The deletion of "paper-fish" such as Cod, Blue Whiting, Capelin in Western waters and Redfish in Western waters, as well as Catfish;- The introduction of fishing possibilities for fisheries of interest to EU vessels: an increase in quotas of 800 tonnes of Atlantic Halibut, of 4,200 tonnes of Greenland Halibut in Eastern waters, and of 4,000 tonnes of Shrimps in Western waters, in accordance with scientific advice;- The introduction of a quota of 1000 tonnes of Snowcrab, in accordance with scientific advice;- The introduction of a quota of 2,000 tonnes for all by-catches.- As soon as the Regulation is adopted, however not before 01.01.2005, the introduction of payment of licences for all fishery, with rates based on 3 % of landing prices. The rates may be adapted periodically by administrative arrangement between the Parties, taking into account the market and fisheries situation. This is a completely new and key element which should ensure the sound management of the resources, the sound management of Community finances, as well as the coherence with the CFP and the commitment to progressively increase the vessels owners participation. The financial contribution deriving from the direct payment of licences by the vessels owners will be deducted from the Community compensation.- Furthermore, in order to optimise the use of fishing possibilities, the present proposal foresees a mechanism that permits the Commission to temporarily transfer the fishing possibilities during the year in progress that are not utilised by one Member State benefiting from a fishing quota to the catch quota of another Member State, on demand.- The introduction of the possibility for experimental fisheries on deep sea species, cephalopods and clams. This is an important part of the agreement, as it could lead to a needed diversification of the fisheries in Greenland and increase the fishing opportunities for Community vessels in the future.10. Administrative expenditure (Section III, Part A of the budget)The proposal does not require new Commission staff or additional administrative costs.